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Indian-parliament-bills

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1 - the t'jbacco board ( amendment) bill, 1978 l-to be/as introduced in ipk sabha 7page 4, line 35,-for 11on 11 read "at" line 9,-2 "auct on 11 read "auction" page 5, for page 6, 3 a,iter line 3,-"of the ii in�ert "1b b ac co bo ard1tnew delhi; mav 1, 1978 vaisakha 11, 1900 (saka) bill no 79 of 1978 the tobacco board (amendment) bill, 1978 a billto amend the tobacco boa,-d act, 197s ba it enacted by parliament in the twenty-ninth year ot the republic of india as follows: - 1 this act may be called the tobacco board (amendment) act, short1978 ; < ! ":i · r title4 of 1976 to as the principal act),-s z in section 4 of the tobacco board aot, 1976 (hereinafter referred amend­ ml!llltot section 4 jo (a) for sub-section (3) , the following sub-section shall be sub­atituted namely: -'' (3) the head office of the board shall be at guntar id the state of anclhra pradesh or at such other place·· as the central government may, by notlflcatlon id the ollclal gazette, specify and the board may, with the previous approval of the central government, establish ollcea or areacles at other placel id or outside india"; i 5 (b) in sub-section ( 4) ,-, • (a) in clauie (c) ,-(i) for the word " ven", the word "eipt" hall be iubttituted; (ii) in aub-clause (vi), the word "and" occurrin at the end shall be omitted; (iii) after sub-clause (vi), the following sub-claute shall s be inserted, namely:-- ~~ "(via) the government of gujarat; and"; state of than the shall be to (b) in clause (di), for the words "other than the andhra pradesh and karnataka", the worda "other states of andhra pradesh, gujarat and karnataka" substituted a in section 8 of the principal act, in sub-section (!), after claum (e), the fbuowing clause shall be inserted, namely:- (ee) establishment by the board of auction platforms, wtua the prevloils approval of the central government, tor tbe sale of virjbala is tobaceo by registered growen or curen, and tunctlonide' of the board as an aoctioneer at auction plauonns established by 01' r~­tered with it subject to ncb conditions as may be spectfted by the c:-t;nl government," " in section 13 of the principal act, the words "or etabllshed by the 20 board 1dlder tala act" shall be inserted at the end amad ment of hetlon 11 •i after section 14 of the principal act, the touowin, aeetion hall be inserted, namely:-"14a (n where virginia tobacco is sold at any auction platform e8tabushed by the board under this act, it shall be ~t for 25 the board or for any officer of the board autkorised by it in thts ~balf to levy fees, for the services rendered by the board in relation to such sale, at such rate not exceeding two per ceat ot the value of such tobacco as the central government may, from time to time, by notification in the offtcial gazette, specify 30 (2) the fees levied under sub-sectton (1) shall be c:01lected by the board oj" such officer equauy from the seller of the vbtflnia tobacco and the purchaser of such tobacco, in such manner as may be prescribed " " , • in section 32 of the principal act, in sub-section (2), after c1au18 )5 (h), the following clause shall be inserted, namely:-amad· mat 01 l8etionu "(m) the manner of eouliction of fees under lub-teetion (i) of uoa 1~;" 7 id the tobacc:o cets act, 19'75,-(0) in section 2, in sub-section (1) ,-amedmentof act _01 11m (i) clauses (a) and (b) shall be ~~ed as clau118 (&) and (c) respectively and befo", c'lauke (b) ie 10 re-lettere4 the following clause shall be inserted, namely:-~ o11t70 i (4) "auction platform" means an auction platform registered with the board in accordance with the rul mad under the tobacco board act, ms or established by the board under that act;'; -(ii) clause (c) shall be omitted; 5 (b) in seetion 3, for the words "a registered auction platform" wherever they occur, the words "an auction platfbnn" shall beu, stituted in pursuance of sub-section (1) of section 4 cd the tobacco board act, 197~ (4 of 1975), the tobacco board was established by the central government on the 1st january, 1976 in the course of the functioning of the tobacco board, certain practical difficulties have come to light 2 sub--section (3) of section 4 of the act has specifically designated guntur in the state of andhra pradesh as the place where the head office of the board is to be located guntur is a very important centre from the point of view of production and marketing bf virginia tobacco which is the most important exportable variety grown in the country however, this place has no direct rail or air link with either new e>elhi or the capitals of other tobacco producing states in the country since the tobacco board is an all india body, dealing with all varieties of tobacco, it is ctmsidered vital for its efficient functioning that the central government should have the power to locate the head office of the board atsuch other place as may be considered necessary in the interests gj, efficient functibning of the board 3 in recognition of the importance of gujarat as the second largest tobaeeo producing state in the country after andhra pradesh, even though the tobacco produced there)8 primarily of non-virginia type, it j8proposed to accord a permanent seat on the board for €he representative of the government ot gujarat as in the case of andhra pradesh and klmataltu 4l urder section 13 of th~ act, no registered grower or curet ~au ell or cause to be sold virginia tobacco elsewhere than at an auction platfarm registered with the board in accordanc~ with the rules madeundlr the act this provision as well as the functions of the board specified in i4kliion 8 ~ not specifically empower the board to set up auction platfonns of its own or tv function as an auctioneer at such platforms for securing fair and remunerative prices to the growers and for pr~ viding efficient auction facilities it is considered necessary that the board should also have the power to set up its own plattorms~ it ,li considered further that the board should also have the power to function as an ~uctioneer not only on such platforms, but also at platforms which may be set up by others and registered with the board 1 there is 'at present no specified provision in the tobacco board act, l8'f5 for'levy and collection of suitable fee from the sellers and buyers of virginia tobacco tor the use of the auction platforms that may be established by the tobacoo board and for the services to be provided in connection with the auctions to btheld at these platforms it ia colllidered necessary to make such provision i'or meeting the expellees to be incurred by the board in conducting auctions and in operattna these platforms: 6 it is also proplosed to make certain consequential amendments to sectionll 2 and 3 of the tobacco cess act, 1975 (26 ot 1975) so as to bridl within the scope of the definition of "auction platform" an auction platform established by the board 7 the bill seeks to five effect to the above objects nzw da&1; th, unci april, 1978 mohan dhalua clause 2 of the bill seeks to amend sub·section (a) of section 4 of thd tobacco board act, 1975, so a:i to empower the central government to locate the head office of the tobacco hoard, either at guntur or at such other place as may be specified by it 2 clause a seeks to amend sub-seclion (2) uf section ~ of the act so as to enable the tobacco hoard to establish auction platfornu; for the aaie of· virginiatobaceo by registered ip:owers or curers and to function as an auctioneer at such plauorms or at aueton platforms l'eiistered with it ' 3 the aforesaid provisions q( the bill, though enabling in nature, may involve-' - (a) expenditure on transportation of the recorcb, furniture, etc, of the board and payment of travdling allowance to the ofticers'and staft stationed at the head office in gwltur in the event of the central government deciding to shift the head omce to another place; (b) expenditure em the establishment of one or more auction platforms, as the board may consider necessary 4 the amount of expenditure involved on shifting of the head office from guntur will depend 011 the nllmber of omcers and staff that may be in position at the time a 'decisigq1 is taken to shift the head office and also c,n the distance from guntu'r to the new station where the head 06ice is decided to be shifted it is, therefore, not possible at present to indicate precisely the expenditure that may be involved in the shifting uf the head office however, if the head office is shifted to a place within the state of andhra pradesh the expenditw'e may not be much and it should be possible to meet the same from within the normal budget of the board the board's present office at guntw' is housed in a hired building "-5 the expenditure involved 00 establishment by the board of auction platforms will depend on the number of platforms that may be set up by the board it is provisionally estimated that eaeh such platfortll may cost about rs, 8 lakhs for land and building in the form of n~· recurring expenditure for oeerating the platforms to be set up by the board, it may have to incur a ~ecurring annual expenditure of about rs 4 lakhs towards salary and allowances uf the trained supervisors to be ap!j'ointed to supervise these platforms depending on the nature and extent of services to be provided at the auction platforms to be set up by the board, some additional recurring expenditure may also be involvecl in operating these auction platforms a pl'lovision however is being made in the act by incorporating a new ~ction 14a for levy of a fee at a rate not exceeding twcl per cent of the value of virginia tobacco to be collected by the board from the sellers and purchasers in respect of virginia tobacco sold at auction platforms established by the board under the tobacco cess act, 1975 (26 of 1975) the central government is also empowered to levy a duty of excise at the rat(> of one paisa per kildinffi on all virginia tobacco sold at these auction platfcd'ms the annual revenue from this duty of excise after the establishment of auction platforms is expected t~ be about rs 10 lakhs it will be possible for the board to meet the recurring expenditure on operating these platforms and in providing such services as may be considen!d necessary out hf the proposed fee and, if necessary, out of the proceeds of the aforesaid duty of excise 6 e,"ept 'i' stated in earlier pal,nphs it i not poiiible t tlda w in1eate tu q'le\l t 01 l'teurrla, uti l\owlt-reeurriftc ~""" ---_ 5 cleu8e 6 of· thebiu seeks to insert new clauae <k") in ~ticin ~ ofseetiem 32 r the act empowering the central govemmaat to maim rule8l'ep~ the manner of collection of fees under section 14a tb1i matter relates to procedure and administrative detail and it is not piutlc:a~e to ;provi~ for it in th~ bill itself the delegation of leglallti"e ~;~i ~rfore ofa no~~l char,~r ~" ", ' ; ,(4 of j975~ chapter ii the tobaicco beall» , , , - :" z'~- •• :~ "-jmlt: men~,~_;· eonsunlt 'f, lion of tbeboard (3) the head offiee 'of the board shan be at guatu, in the s~ of andhra pradesh and the board 'may, with· the pre\1tcnu approval of the ~~al government, establish oftlc~ or agencies at other places in or outside india ' , (4) the board shall consist of the followina memli)efl namely:-- - (c) evt mernbert to be appointed by th catnl ~t to 'npretent ~vely:- - (t"j the 'government :of andhra' pradesh; 'iiid - - (d) two membf'rs to be appointed by the central ~; by rotation in the alphabetical order, to represent the govwd~ of tobacco-grqwing states oth~r than the states of andhra pradeth _ ltalnatakai 8 (1) •• - - l\meticma of the (2) with,iout prejudice to the generality of the provisions of suoseo-board tion (1), the measures referred to therein may provide for-- eel auc:tjofl platform lao no rejistered arower or curer shall sell or ca\iie to be told vtrpma virainia tobacco elsewhere than at an auction platform registered with the board tobacco in accordance with the rules made under this act to be iold at retister- - '" - 32 (1) '" - '" '" '" power of central govern-ment to make nile • (2) in particular and without ptejudiee to the ,enerality of the fore-ioidc power, sueh ruletl may provide for all or any of the tollowinl matters, namely:- - - '" - '" 1 (26 of 1975) - - - - deftni~ - ! (1) in this act, unless th~ cont~xt otherwise requires-- - - ; c" :' " - (c) "rqjstered ~uchon platform" means an auction platform registered with the board in accordance with the rules made under the tobacco board act, 1975 4 '" 197~ 4 of 1975 3 (1) there shall be levied and collected by way of a cess for the purposes of the tobacco board act 1975, a duty of excise at the rite of' one paisa per kilogram on virginia tobacco which is produced in india and sold ata registered auction platform (2) the duty bf excise levied und~r sub-section (i ) shall betn addition to llny cess ot duty leviable on virginia tobacco under any other law for the time being in force (3) the duty of excise payable under sub-section (i) in respect of any virginia tobacco sold at a registered auction platform shall be payable by the seller thereof to the person or authority prescribed in respect of such platform (of) the penon or authority' preseribed in respect of a registered auction platform shall collect the duty of excise payable on virginia tobacco sold at such platform and pay the amount so collected to tht' central govemment in such manner and within su,ch time as may be prescribed (5) if any duty of excise payable under this secti·on, or if any amount collected under this section by way oi such duty has not been paid to the central government within the period prescribed under sub-section (4), the central government may recover such duty or amount in the same manner as an arrear of land revenue ( a bill to amend the tobacco board act, 1975

Parliament_bills

da46901c-0051-5fc6-afad-4bf48e881b6d

bill no xxxix of 2016 the constitution (amendment) bill, 2016 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 (1) this act may be called the constitution (amendment) act, 2016 2 after article 25 of the constitution, the following article shall be inserted, namely:—insertion of new article 25a5"25a subject to other provisions of this part, the state shall ensure that every person enjoys communal harmonyright to communal harmonyexplanation— for the purposes of this article, 'right to communal harmony'includes—(a) peaceful co-existence of different groups or communities, whetherbased on religion, caste, place of birth, race or language;(b) protection against any act or omission which is intended to causeviolence or destruction of property by creating disharmony or arousing feelings of enmity, hatred or ill-will among different groups or communities;(c) prompt legal and judicial remedy in case of violation of this right" statement of objects and reasonscommunal disturbances wither the social fabric of the country and waver the focus of the government and the people from developmental agenda incidents of communal clashes are detrimental to the democratic principles on which our nation was founded and bring into question the commitment of the government to observe secular principles of the constitution communal polarization which often follows any incident of communal tension especially affects and alienates minority communities communal violence hampers the feeling of brotherhood and enables terrorist elements to sway young impressionable minds towards extremism therefore, it is incumbent upon any government of the day to state, in very clear and unequivocal terms, its commitment towards maintaining communal peace in the country under all circumstances and to acknowledge and respect that every citizen in this country enjoys a right to communal harmony which derives its essence from the right to life, personal liberty, freedom of speech and expression and freedom of religion further, every state needs to agree that evey incident of communal violence must be investigated in a just and unbiased manner irrespective of the caste, religion, class, occupation, office and political affiliation of the accusedit is expected that every government would find itself beholden to the constitutional ideals and will take positive steps to strengthen communal ties by promoting cultural exchanges, dialogues and early detection and prevention of communal flare-ups and to use all available means to guarantee the right to communal harmony through constitutional, legislative and administrative safeguardshence, this billhusain dalwai———— a billfurther to amend the constitution of india————(shri husain dalwai, mp)gmgipmrnd—2246rs(s3)—05-08-2016

Parliament_bills

8c64678a-65ff-5fe4-bdcd-cef6ac2d7723

b i l l , 1 9 8 8 ( !ib b e / i i s i n t r o d u c e d i n l o k s a b i a )1 p a g e 6 , i n c o l u m n 3 , u n d e r t h e s u b - h e a d i n g " i d t e d b y p a r l i a i a e n t " , -a g a i n s t v o t e n o 7 9 j f o r " s o , 0 0 , ooo "r e a d " 5 1 , 6 7 , 0 0 , 0 0 0 "2 p a g e 6 5 i n c o l u m n 3 , m d e r t h e s u b - h e a d i n g " i b t a l " , -a g a i n s t l f o t e n o 7 9 , l o r " 8 0 , i f 5 , 0 0 , o o o " r e a d ''5 l , 6 8 , 0 0 , 0 0 0 "3 p a g e 6 , i n c o l u m n 3 , u n d e r t h e s u b - h e a d i n g " v o t e d b y p a r l i a r a e n t " , -a g a i n s t v o t e n o 8 0 , f o r " 2 7 , 7 5 , 0 0 , 0 0 0 ' 'r e a d " 5 6 , 5 3 , 0 0 , 0 0 0 "p a g e 6 , i n c o l u m n 3 , u n d e r t h e s u b - h e a d i n g " t b t a l ' ' , _a g a i n s t i f o t e n o 8 0 , f o r " 2 7 , 7 6 , 0 0 , 0 0 0 "r e a d " 5 6 , 5 3 , 0 0 , 0 0 0 "nbw delhi; f e c h 1 6 , 1 q r 8p h a l g u n a 2 6 , 19 0 9 ( s a k a ) bill no 21 of 1988 the appropriation (vote on account) bill, 1988 billto provide for the loithdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1988-89be it enacted by parliam ent in the thirty-ninth year of the republic of india as follows:—short title 1 this act m ay be called the a ppropriation (vote on account) act, 1988^ 2 from and out of the consolidated fund of india there m ay be w ithdraw n sums not exceeding those specified in column 3 of the sche­dule am ounting in the aggregate to the sum of forty thousand four hundred and fifty-six crores and fifty lakhs rupees towards defraying the several charges w hich will come in course of paym ent during the 10 financial year 1988-89withdra­wal of rs 40456, 50,00,000 ' from and out of the consoli­dated fund of india for the financial year 1988-89appropria­tion2 the sums authorised to be w ithdraw n from and out of the consoli­dated fund by this act shall be appropriated for the services and pur­poses expressed in the schedule in relation to the said year4 reference^i to m inistries or d epartm ents in the schedule are to such m inistries or d epartm ents as existing im m ediately before the 10th f ebruary, 1988 and shall on or after th at date be construed as references to the appropriate m inistries or d epartm ents as reconstituted from tim e to timetion of referen­ces to minis­tries and depart­ments in the sche­dulethe schedule (see sections 2, 3 and 4)123sums not exceediln£no, ofvo­te5services and purposesvoted by parliamentcharged on the consolidated fundtotalrsrsrs1agriculture revenuecapital[6760,00,000124,00,0001 1,00,000 46^66,00,000676100000479000000102other services of depart­ment of agriculture and cooperation revenue capital1424000000293400000i?,9i,oo,ooo424000000 3327000001i r 133,5 3,00,ccc13353,000003department of agricul­tural research and edu­cation revenue154department of rural developmentrevenuecapital778,13,00,0005,00,000778,13,000005,00,0002 05department of fertilizersreveruecapital898,42,00,00070,67,00,0001,00,00016,00,000898,43,00,00070,83,00,0006civil aviation[revenuecapital8,82,00,000 2,17,00,000••8,82,00,0002,17,00,0007department of commercerevenuecapital202,59,00,00032,38,00,000202,59,00,00032,38,00,000258department of supplyrevenue3,45,00,000sy00,0003,50,00,0009ministry of communica­tions revenuecapital1,25,00,00027,00,0001,25,00,00027,00,00010postal servicesreveruecapital181,82,00,0007,81,00,0001,00,000181,83,00,0007,81,00,0003011telecommunication ser­vices revenuecapital4042500000 22900000007000001000c04043200000229010000012ministry of defencerevenuecapital102,6800,00028,21,00,000i 08,00,00010268000002929000003513defence pensions revenue183,26,00,0008,00,00018334,0000014defence services— armyreverue114583,00,0002ly00y000114604,00,00015defence services— navyrevenue130,12,000002,00,000130,14,0000040 16defence services—air force revenue29872,00,0002,00,000298,740o00017defence ordnance fac­tories revenue {20,65,00,0002,00,000]20670000018capital outlay on de­fence servicescapital643,24,000002,12,00,00064536,000004519department of coalrevenuecapital222900,000255,67,00,0002229000002556700,00020department of powerrevenuecapital56,41,00,000243,49,00000i6 ,i6,oofioo56 41,00,000 ^59,65,00,00021department of non-con ventional energy sources revenuecapital16,11,00,00042,00,000161100,000420000050| sums | not exceeding ||--------------------------------------|-----------------|| services and purposes | || voted by | || parliamert | || no | || o f ' | || vo | || te | || charged on the | || consolidated | || fund | || total | || 5 | || rs | || rs | || rs | || 22 | || 314400000 | || 49,00,000 | 1,00,00,000 || 31,44,00,000 | || 149,00,000 | || ministry of environment | || and forests | || capital | || 1,00,000 | || 23 | || 692700000 10 | || 155000000 | || 692600000 | || 155000000 | || ministry of external affairs revenue | || capital | || 1 | || 24 | || 705800000 | || 277900000 | || j , | || 00,000 | || 705900000 | || 277900000 | || department of economic | || affairs | || capital | || 25 | || 1,00,000 | || 1,00,000 | || 464000000 | || 333400000 | || 15 | || 464100000 | || 333500000 | || currency, | coinage and || stamps | revenue || capital | || 26 | || payments | to financial || institutions | || capital | || 1 | || 1 | || 54,94,00,000 | || 227,81,00,coo 20 | || 27 | || 82,56,00,000 | || ) | ^ || 7 8 | || ,00,000 | 83,34,00,000 || pensions | revenue || 2^56,18,00,000 | || 2356,18,00,000 | || cukviged,^interest pay­ | || ments | || | || 29 | || > | || | || 1505,45,00,000 | || > | || 2 733,8 7,00,000 | || 26556500000 | || 95 | || 27513700000 | || transfers to state govern­ | || ments | || capital | || 30 | || ) | || 27,50,00,000 | || loans | to || servants, etc | || 27,50,00,000 | || c h a r g e d | || —repayment of | || debt | || 22196,97,00,000 | || 22196,97,00,000 | || capital | || 32 | || department of expendi­ | || ture | || revenue | || capital | || [) | || [) | || 134,04,00,000 | || 30,00,000 | || 33 | || audit | || 32,32,00,000 | || revenue | || d | || 70 | || , | || 00,000 | || 33,02,00,000 | || 34 | || 0 | || 0 | || department of revenue | revenue || capital | || 34,78,00,000 | || 24,00,000 | || 35 | || direct taxes | || revenue | || capital | || 0 | || | || 1 | || , | || 00,000 | || 0 | || 26,59,00,000 | || 20,00^,000 | || 36 | || indirect taxes | || re> enue | || capital | || 0 | || | || 1 | || , | || 00,000 | || 0 | || | || | || 57,24»00,0g0 | || 12,77,00,000 40 | || 37 | || department of food | || revenue | || capital | || lo | || 1^00,000 | || k) | j,oo,ooo || 406,38,00,000 | || 20,84,00,000 | || 38 | || department of civil sup­ | || plies | || capital | || k) | || x) | || 64,00,000 | || 81000,000 | || 1,3500,000 | || 45 | || 39 | || department of health | || revenue | || capital | || x) | || x) | || 1 | || , | || 00 | || , | || 000 | || ; | || 655500000 | || 247500000 | || 40 | || )0 | || [)0 | || department | of family || welfare | || capital | || 1135200000 | || 1 | || , | || 00,000 | || | || 5 | || q | || ministry of home affairs | revenue || 41 | || ^ | || 4 | || , | || 00,000 | || 2650,00,000 | || 00 | || cabinet | || 42 | || 2 | || , | || 88 | || , | || 00,000 | |sums not exceeding5noofvo­teservices and purposesvoted byparlia ment- charged on the consolidated fund, totalrsrsrs43policerevenuecapital187,86,0000017,54,00000^,00,0001,34,00,000187,89,00,00018,88,00,0001044 other expenditure of the ministry of home affairsrevenuecapital4245000001791000001,00,000 2 y47,00,000j 42,46,00,000 / 20,38,00,00045 transfers to union terri­tory governments revenuecapital9,0800,0004,73,00,00090800000 473000001546 department of educationrevenuecapital261,85,00,00012,00,00050,00,000261,85,00,00062,00,00047 department of youth affairs and sportsrevenuecapital15,74,00,00042,00,00015,74,00,00042,00,0002 048 art and culturerevenuecapital25,57,00,000342,00,00025,57,00,0003,42,00,00049 department of women and child developmentrevenue44,06,00,00044,06,00,00025501department of industrial developmentrevenuecapital8240000002991000006700000560000083070000030470000051 department of company affairs revenue1,19,00,0001,00,0001,20,00,0003052 department of chemicals and petrochemicalsrevenuecapital1,58,00,00019,34,00,0001,58,00,00019,34,0000053 department of public enterprisesrevenuecapital408,00,00077,99,00,00024,00,0004,32,00,00077,99,00,0003554 ministry of information and broadcastingrevenuecapital10,89,00,00072,000001,00,000j0,9000,000 72,00,0004055broadcasting services revenuecapital69820000053170000010000010000069830000053180000056 ministry of labourrevenuecapital41,28,00,00012,00,0001,00,00041,29,00,00012,00,00057 law and justicerevenue5,37,00,0001,00,00,000637,00,0004558ministry of parliamentary affairs revenue14,00,00014,00,00059ministry of personnel, public grievances and pensionsrevenuecapital5,95,000001,00,00067,00,0005,96,00,00067,00,0005060ministry of petroleum and natural gasrevenuecapital28,91,00,00023,4^,00,00028910000023480000061planningrevenue2,30,00,0002,30,00,00062department of statisticsrevenue5,87,00,0005,87,00,0001231vtrk •services and purposessums not exceedingjnoofvotevoted by parliamentcharged on the consolidated fundtotal5!rsrsrs63ministry of programme implementationrevenue13,00,0001 i11300,000j27,75,000003,08,0000027,7500000308,000001064department of science and technologyrevenuecapital65department of scientific and industrial researchrevenuecapital339900000780000033,99,00,000 178000001566department of biotech­nology6,86,00,0009200000686000009200000revenuecaoital!2,51^00,000860,00,0001107500,00067department of steelrevenuecapital8,60,00,000 108,24,00,000 " r68department of mines'^revenuecapital196900000377700000 '1,00,000 i1970000003777000002069surface transport^revenuecapital5,45,00,00024,89,00,0006y,oo,ooo5,4500,00025,56,0000070roads''revenuecapital4741000008105000001,00,000 7,66,00,000474200000887100000 2518780000056470000071ports, lighthoilses and shippingrevenuecapital1878000005480000001,6y,00,000i72ministry of textilesrevenuecapital872600000 479500000i,s4,oo,ooo87260000049490000073ministry of tourismi-revenuecapital58900000 766000005890000026600000 3074urban development and housingrevenuecapital135700000 18530000043,00,0003,2 8,00,000140000000218100000175public worksrevenue capital2767000001271000003,00,000276700000'127400000 3576stationery and printingrevenuecapital12,66,00,000100,00,000! 1,00,0001267000001,00,00,00077ministry of water resourcesrevenue capital49,60,00,0002,77,00,000i 00,000 793^00,00049610000010700000078ministry of welfarerevenuecapital47,67,00,00014,00,00041 j 4,00,00089,41,00,00014,00,000 4079atomic energyrevenuecapital8044000008242000001,00,00080,4500,0008242,00,10080nuclear power schemesrevenuecapital2776000003800000002776,00,0003i<,00,00,0q0 4581department of electronics revenue capital1347000008410000013,47,000008,41,00,00082department of ocean developmentrevenuecapital4,34,00,00048,00,0004,3400,00048,00,00083department of spacerevenuecapital4636000004433000001000001000004637000004434000005084lok sabharevenue2,49,00,0001,00,0002,50,00,000noiir-sums not exceedingofvoteposesu1voted by parliam ent jcharged on the consolidated [fundtotalrsrsrs85rajya sabharevenue93,00,000100,00094,00,00010c h a r g e d —staff, household and allowances of the presidentrevenue37foo,ooo370000087secretariat of the vice-presidentrevenue3,0000030000015c h a r g e d —union public ser­vice commissionrevenue1,82,00,0001,820000089delhirevenuecapital115,72,00,00083,9300,00067,00,0004,20,00,00011639,0000088,13,00,00090120andaman and nicobar islandsrevenuecapital1669000001204000001,00,000167000000 12040000091 dadra and nagar haveli' 92lakshadweep3,08,00,00095,00,0004490000018000000revenuecapitalrevenuecapital30800000 95,00,000449000001800000093chandigarhrevenuecapital18,48,00,0006,2100,0004100000170000018,89,00,0006,38,00,00094daman and diurevenuecapital2070000019300000207000001930000030t o t a l•11507,390000028949,11,00,00040456,50,00,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the consti­tution of india, read w ith article 116 thereof to provide for th e appro­ priation from and out of the consolidated fund of india of the m oneys required to m eet the expenditure charged on the consolidated ftind and the grants m ade in advance by tlie lok sabha in respect of the estim ated expenditure of the c entral governm ent, excluding railways, for a p art of the financial year 1988-89b k gadhvi presid ent's recommendation under article 117 o f th e constitution of india[copy of letter no f 2 (4)-b (d) 188, dated the 9th m arch, 1988 from shri b k gadhvi, m inister of state in the d epartm ent of e xpenditure in the m inistry of finance to the secretary-g eneral, lok sabha]the president, having been inform ed of the subject m atter of the proposed bill to authorise paym ent and appropriation of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1988-89, reconm iends the introduction of the a ppropriation (vote on account) bill, 1988 in lok sabha and also recom­ m ends to lok sabha the consideration of the bill under article h7 (1) and (3) of the constitution of india read w ith article 116(2) thereof2 thie bill will be introduced in lok sabha im m ediately after the demands for g rants 'on account' for expenditure of the c entral g overn­m ent (excluding railways) for the year 1988-89 have been voted a bellto provide for the w ithdraw al of certain sum s from and out of th e consolidated f und of india for the services of a p art of the financial year 1988-89{shri b k gadhvi, minislkr of state in the department o/ expenditure in the m inistry of finance)

Parliament_bills

29ae0640-5eea-5e87-bf4c-be8c1a353fb4

bill no 97 of 2014 the constitution (one hundred and twenty-first amendment) bill, 2014 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fifth year of the republic of india as follows:— 1 (1) this act may be called the constitution (one hundred and twenty-first amendment) act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in article 124 of the constitution, in clause (2),––amendment of article 124(a) for the words "after consultation with such of the judges of the supreme court and of the high courts in the states as the president may deem necessary for the purpose", the words, figures and letter "on the recommendation of the national judicial appointments commission referred to in article 124a" shall be substituted;(b) the first proviso shall be omitted; (c) in the second proviso, for the words "provided further that", the words"provided that" shall be substituted53 after article 124 of the constitution, the following articles shall be inserted, namely:—insertion of new articles 124a, 124b and 124c"124a (1) there shall be a commission to be known as the national judicial appointments commission consisting of the following, namely:––national judicial appointments commission(a) the chief justice of india, chairperson, ex officio;10(b) two other senior judges of the supreme court next to the chief justice of india ––members, ex officio;(c) the union minister in charge of law and justice––member, ex officio;15(d) two eminent persons to be nominated by the committee consisting of the prime minister, the chief justice of india and the leader of opposition in the house of the people or where there is no such leader of opposition, then, the leader of single largest opposition party in the house of the people –– members:provided that one of the eminent person shall be nominated from amongst the persons belonging to the scheduled castes, the scheduled tribes, other backward classes, minorities or women:20provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination (2) no act or proceedings of the national judicial appointments commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the commissionfunctions of commission25124b it shall be the duty of the national judicial appointments commission to—(a) recommend persons for appointment as chief justice of india, judges of the supreme court, chief justices of high courts and other judges of high courts;(b) recommend transfer of chief justices and other judges of high courts from one high court to any other high court; and30(c) ensure that the person recommended is of ability and integritypower of parliament to make law35124c parliament may, by law, regulate the procedure for the appointment of chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and empower the commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it"amendment of article 127404 in article 127 of the constitution, in clause (1), for the words "the chief justice ofindia may, with the previous consent of the president", the words "the national judicial appointments commission on a reference made to it by the chief justice of india, may with the previous consent of the president" shall be substitutedamendment of article 1285 in article 128 of the constitution, for the words "the chief justice of india", thewords "the national judicial appointments commission" shall be substitutedamendment of article 2176 in article 217 of the constitution, in clause (1), for the portion beginning with the words "after consultation", and ending with the words "the high court", the words, figures and letter "on the recommendation of the national judicial appointments commission referred to in article 124a" shall be substituted5amendment of article 2227 in article 222 of the constitution, in clause (1), for the words "after consultation withthe chief justice of india", the words, figures and letter "on the recommendation of the national judicial appointments commission referred to in article 124a" shall be substituted8 in article 224 of the constitution,––amendment of article 22410(a) in clause (1), for the words "the president may appoint", the words "thepresident may, in consultation with the national judicial appointments commission, appoint" shall be substituted;(b) in clause (2), for the words "the president may appoint", the words "thepresident may, in consultation with the national judicial appointments commission, appoint" shall be substituted15amendment of article 224a9 in article 224a of the constitution, for the words ''the chief justice of a high court forany state may at any time, with the previous consent of the president'', the words ''the national judicial appointments commission on a reference made to it by the chief justice of a high court for any state, may with the previous consent of the president'' shall be substituted| 10 ||-----------------|| amendment || of article 231 | statement of objects and reasonsthe judges of the supreme court are appointed under clause (2) of article 124 and the judges of the high courts are appointed under clause (1) of article 217 of the constitution, by the president the ad-hoc judges and retired judges for the supreme court are appointed under clause (1) of article 127 and article 128 of the constitution respectively the appointment of additional judges and acting judges for the high court is made under article 224 and the appointment of retired judges for sittings of the high courts is made under article 224a of the constitution the transfer of judges from one high court to another high court is made by the president after consultation with the chief justice of india under clause (1) of article 222 of the constitution2 the supreme court in the matter of the supreme court advocates-on-record association vs union of india in the year 1993, and in its advisory opinion in the year 1998 in the third judges case, had interpreted clause (2) of article 124 and clause (1) of article 217 of the constitution with respect to the meaning of "consultation" as "concurrence" consequently, a memorandum of procedure for appointment of judges to the supreme court and high courts was formulated, and is being followed for appointment3 after review of the relevant constitutional provisions, the pronouncements of the supreme court and consultations with eminent jurists, it is felt that a broad based national judicial appointments commission should be established for making recommendations for appointment of judges of the supreme court and high courts the said commission would provide a meaningful role to the judiciary, the executive and eminent persons to present their view points and make the participants accountable, while also introducing transparency in the selection process4 the constitution (one hundred and twenty-first amendment) bill, 2014 is an enabling constitutional amendment for amending relevant provisions of the constitution and for setting up a national judicial appointments commission the proposed bill seeks to insert new articles 124a, 124b and 124c after article 124 of the constitution the said bill also provides for the composition and the functions of the proposed national judicial appointments commission further, it provides that parliament may, by law, regulate the procedure for appointment of judges and empower the national judicial appointments commission to lay down procedure by regulation for the discharge of its functions, manner of selection of persons for appointment and such other matters as may be considered necessary5 the proposed bill seeks to broad base the method of appointment of judges in the supreme court and high courts, enables participation of judiciary, executive and eminent persons and ensures greater transparency, accountability and objectivity in the appointment of the judges in the supreme court and high courts6 the bill seeks to achieve the above objectivesnew delhi;ravi shankar prasadthe 8th august, 2014 ———— president's recommendation under article 117 of the constitution of india ————[copy of letter no k-11016/1/2009-usii, dated 8 august, 2014 from shri ravi shankar prasad, minister of law and justice to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed constitution(one hundred and twenty-first amendment) bill, 2014, recommends to the house the consideration of the bill under article 117(3) of the constitution of india extracts from the constitution of india chapter iv —the union judiciary124 (1) establishment and constitution of supreme court(2) every judge of the supreme court shall be appointed by the president by warrant under his hand and seal after consultation with such of the judges of the supreme court and of the high courts in the states as the president may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:provided that in the case of appointment of a judge other than the chief justice, the chief justice of india shall always be consulted:provided futher that—(a) a judge may, by writing under his hand addressed to the president, resign his office;(b) a judge may be removed from his office in the manner provided in clause (4) appointment of ad hoc judges127 (1) if at any time there should not be a quorum of the judges of the supreme court available to hold or continue any session of the court, the chief justice of india may, with the previous consent of the president and after consultation with the chief justice of the high court concerned, request in writing the attendance at the sittings of the court, as an ad hoc judge, for such period as may be necessary, of a judge of a high court duly qualified for appointment as a judge of the supreme court to be designated by the chief justice of india attendance of retired judges at sittings of the supreme court128 notwithstanding anything in this chapter, the chief justice of india may at any time, with the previous consent of the president, request any person who has held the office of a judge of the supreme court or of the federal court or who has held the office of a judge of a high court and is duly qualified for appointment as a judge of the supreme court to sit and act as a judge of the supreme court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that court:provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that court unless he consents so to do appointment and conditions of the office of a judge of a high court217 (1) every judge of a high court shall be appointed by the president by warrant under his hand and seal after consultation with the chief justice of india, the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court, and shall hold office, in the case of an additional or acting judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years:provided that—(a) a judge may, by writing under his hand addressed to the president, resign his office;(b) a judge may be removed from his office by the president in the manner provided in clause (4) of article 124 for the removal of a judge of the supreme court;(c) the office of a judge shall be vacated by his being appointed by the president to be a judge of the supreme court or by his being transferred by the president to any other high court within the territory of india 222 ( 1 ) the president may, after consultation with the chief justice of india, transfer a judge form one high court to any other high courttransfer of a judge from one high court to another appointment of additional and acting judges224 (1) if by reason of any temporary increase in the business of a high court or by reason of arrears of work therein, it appears to the president that the number of the judges of that court should be for the time being increased, the president may appoint duly qualified persons to be additional judges of the court for such period not exceeding two years as he may specify(2) when any judge of a high court other than the chief justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as chief justice, the president may appoint a duly qualified person to act as a judge of that court until the permanent judge has resumed his duties appointment of retired judges at sittings of high courts224a notwithstanding anything in this chapter, the chief justice of a high court for any state may at any time, with the previous consent of the president, request any person who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for that state, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the president may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that high court:provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that high court unless he consents so to do 231(1) (2) in relation to any such high court, —establishment of a common high court for two or more states(a) the reference in article 217 to the governor of the state shall be construed as a reference to the governors of all the states in relation to which the high court exercises jurisdiction; ———— a billfurther to amend the constitution of india————gmgipmrnd—2181ls—11082014

Parliament_bills

f1314d2c-dd9e-5eb0-a5dc-aaf19af7967f

8m no 159 of 1985 the lighthouse (amendment) bill, 1985 a bill further to amend the lighthoure act, 1927be it enacted by parliament in the thirty-sixth year of the repubuc of india as follows:-1 (1) this act may be called the lighthouse (amendment) act, 1985 (2) it shall come into force on such c:iate as the central government 5 may, by notification in the oftieial gazette, appoint short title and commencement 17 of 1927 amendment of section 2 z in section 2 of the lighthouse act, 1927 (hereinafter referred to as the principal act), after clause (hh), the following clause shall be inserted, namely:-- (hha) "ship" includes a sailing vessel;' 10 j in llection 3 of the principal act, for clauses (b), (c) and (d), the following clauses shall be substituted, namely:-amendment of section 3 " (b) appoint a period: to be ~ director of lighthouses and ligbtships in each distriet; (c) appoint persons to be deputy directors-general of light-15 hou"sea and 'lightships; and (d) appoint a person to be the director-generai of lighthouses and lightships" • in section 4 of the principal act, after sub-section (3), the following sub·section shall be inserted, namely:-amendment of &ection 4 ii (4) no act or proceeding of the advisory committee shall be jnvalidated merely by reason of-(4) any vacancy in, or any defect in constitution of, the 5 advisory committee; (b) any defect in appointment of a person acting as a member of the advisory committee; or (c) any irregularity in the procedure of the advisory committee not affecting the merits of the case" 10 amend-5 in section 6 of the principal act, in sub-section (1), for the expresment of sions "chief tnspector of lighthouses" and "superintendent or inspector section 6 of lighthouses", the expressions "director-general of lighthouses and lightships" and "director or deputy director-general of lighthouses and lightships" shall respectively be substituted 15· 6 after section 8 of the principal act and before the heading "light-dues", the following section shan be inserted, namely:-insertion of new aection sa usa (1) if the central government is of opinion that it is necessary or expedient so to do for unobstructed functioning of any lighthouse, it may, by notification in the otilcial gazette, direct 20 that,- (i) no light shall be established without the prior permission of the central government in case· of genei'al lighthouse and without the prior permission of the local lighthouse authority in case of local lighthouse on any land within such radius, not 25 exceeding one kilometre from the lighthouse, as may be specified in the notification; and power of cedtral govem-idem to prohibit lfibta add recujate hellbts of build-, ~ and trees (ii) no building or structure higher than such height as maybe specified in the notification shall be cons~cted or erected, or no tree, which is likely to grow or ordinarily grows higher 30 than such height as may be specified in the notification, shall be planted, on any land within such radius, not exceeding one kilometre from the lighthouse as may be specified in the notification -(2) where any light has been· established without or contrary 35 to the permission referred to in clause (i) of sub-section (1), the central government or the local lighthouse authority, as the case may be may, in addition to any other action that may be taken under this act, make an or~ directing that such light shall be removed by the owdei' or the person having control of the light, 40 within such period as may be specified in such order (3) where any building or structure hal been constructed or erected or any tree has been planted in contravention of the directions contained in clauae (ii) of sub-sedlon (1), the central government or the local ughthouae authority, as the case may be, may, til 45 addition to ally otller action that may be taken under this ~ make an order directing that the height of such building, structure or tree shall be reduced to the extent specified in such notification, by the owner or the person having control, of the building or structure r)r the tree, as the case may be, within· such period as may be 5 specified in such order (4) no order under sub-section (2) or sub-section (3) shall be made unless the owner or the person has been given, by means of a n~tice, a reasonable opportunity of showing cause why such order shall not be made 10 (5) if any person fails to remove the light in pursuance of direction contained in the order issued undel' 'ilub-section (2) or reduce the height of the building, structure or tree in pursuance of any direction contained in the order issued under sub-section (3), within the period specified in such order, then, subject to such rules as the central government may make in this behalf, it shall be competent for any oftioer authorised by the central government or the la:al lighthouse authority, as the case may be, in this behalf to xdluwe such light or to reduce the height of such building, structure or tree and the expenses of such removal or reduction shall be recoverable from such person as a land revenue 20 (6) the orders referred to in sub-sections (2) and (3) and the notice referred to in sub-section (4) shan be served on the owner or the person having the control of the light, building, ·structure or tree, as the case may be,-(i) by delivering or tendering it to such owner or person; or (ii) if it cannot be so delivered or tendered, by delivering or tendering it to any oftlcer of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain or failing service by these means; 45 50 (iiti) by post (7) if any person wilfully fails to comply with any directioa contained in any notification issued under sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both (8) every notification issued by the central government under sub-section (1) shall be laid, as soon as may be after it is published in the official gazette, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both· houses agree in making any modification in the notification or both houses agree that the notification should be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such· modification or annulment shall be without prejudice to the validity of anything previously done under the notification", 7 in seetion 10 of the principal act,-(a) for sub-section (1), the following sub-eection shall b substituted namely:-amendment of section 10 "(1) the central government may, by notlflcation in the official gazette, prescribe buch rates as it may deem necessary 5 to provide for the purpose mentioned in section 9, at which lightdues shall be payable, and may prescribe different rates for different classes of ships or sailing vessels or for ships or sailing vessels of the same class when in use for difl'erent purposes or in different circumstances"; 10 (b) after sub-section (3) the following sub-section shall be inserted, namely:- (4) every notification issued by the central government under sub-section (1) shall be laid, u soon as may be after it is published in the oftlcial gazette, before each house of parlia- 15 ment, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesai~ both houses agree in making any modification in the noti- 20 fieation or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no e1fect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done 25 under ~he notification" 8 in section 12 of the principal act, for sub-section (1), the following ~ub-section shall be substituted, namely:-amendmentol retlon12 w (1) for the purposes of levy of light-dues, the tonnage of a ship or sailing vessel shall be reckoned as 1dlder the merchant 30 shipping act, 1958 for dues payable on a ship's tonnage incluc:ting 44 of 1958 the tonnage of any space added under the said act to the tonnage of ships by reason of such space being utilised for carrying cargo" 9 in section 21 of the principal act in sub-section (2) ,-amendment of section 21 (i) for clause (a), the following clause shall be substituted,35 namely:-" (4) the powers and dutiea of the director-general of lighthouses and: lightships and dlrec'tori and deputy directors-general of ughtbousea and ligbtships;"; (ii) after clause (b), the following clause shall be inserted, 40 namely:- (bb) the manner in which the light may be removed and the height of the building, structure or tree may be reduced under 8~~ (5) of section sa;" the lighthouse act does not provide an independent definition of "sauing vessel" therefore, it has become necessary to include in section 2 a definition of the expression ''ship''· to the effect that "ship" includes a sailing vessel 2 consequent upon the change in the designation of oftlcers mentioned in sections 3, 6 and 21 of the act, it has become necessary to substitute the same by appropriate designations presently in vogue 3 at present there is no provision in the act to preserve the validity of the acts or proceedings ,of the central advisory committee appointed under section 4 (1), from challenge on the ground of existence of any vacancy in or defect in constituting the committee or any irregularity of procedure not affecting the merits of the case a new section 4 (4) for this purpose has been proposed for insertion in the act 4 the lighthouses and other aids to nevigation are vital for the shipping traffic and it is imperative that their flidctions should in no way be allowed to be obstructed since the act does not contain any provision for the removal of obstructions it has become necessary to confer powers in this behalf on the central government by incorporating suitable enabling provisions in the act the new seetion sa is proposed to be inserted for meeting such contingencies 5 according to section 10(1) of the act, as amended in 1976" the maximum rate at which light-dues· may be levied is rs 150 per tonne the rate i,s not at all adequate to meet the cost of services which have to be rendered the enhancement of the l'ates of light-dues by resorting to amendments of section 10(1) has proved to be a long and time consuming process resulting in a considerable loss of revenue to the department in view of this position, it is proposed to amend section 10 (1) of the act so as to enable the central government to prescribe by notification in the official gazette' such rates as are necessary to provide for the purpose mentioned in section 9 of the act at which light-dues shall be payable and lay such notification before each house of parliament 6 at present, no light-dues can be levied on the additional cargo carried on the deck and thereby a considerable amount of revenue is being lost accordingly, it has become necessary to amend section 12(1) of the act 7 the bill seeks to achieye the above objects nrm dam; z r ansari the 14th august 1985 clause 9 of the bill seeks to insert new clause (bb) in sub-section (2) of section 21 so as to empower the central government to make rules regarding the manner in which the light may be removed and the height of the building, structure or tree may be reduced 2 this is a matter of procedure and administrative detail 3 the delegation of legislative power is, therefore, of a normal character extracts prom the lighthouse act 1927(17 of 1927) - - - - - appointment of ofticen 3 the central govemment may, by notifieation in the gazette,-official l' - - - - - (b) appoint a person to be the superintendent of lighthouses in each district; (c) appoint a person to be the chief inspector of lighth9uses in india; and (d) appoint persons to be inspectors of lighthouses advisory committees 4 (1) the central government shall appoint a central advisory committee and shall consult it in regard to-(a) the erection ·or position of lighthouses or of any works appertaining thereto; (b) additions to, or the alteration or removal of, lighthouses; (c) the variation of the character of any lighthouse or of the mode of use thereof; (d) the cost of any proposals relating to lighthouses; or (e) the making or alteration of any rules or rates of dues under this act (2) the central government may, jf it thinks fit, appoint an advisory committee for any district for the purpose of advising in regard to any of the matters specified in sub-section (1) in so far as·the interests of the district are affected thereby (3) advisory committees shall consist of persons representing interests affected by this act or having special knowledge of the subjectmatter thereof - - - - - power to inspect local liahthoulelo 6 (1) the chief inspector of lighthouses may, at any time, and any superintendent or inspector of lighthouses may, if authorised in this behalf by a general or special order in writing of the central government, enter upon and inspect any local lighthouse and make such inquiries in respect thereof or ot the management thereof as he thinks fit - - - - - 10 (1) the central government may, by notification in the of!lcial rates of gazette, prescribe rates, not exceeding one rupee and fifty paise per ton li,bt-duol at which light-dues shall be payable, and may prescribe different rates leviable for different classes of ships, or for ships of the same class when in use for different purposes or in different circumstances - - - - - om of 1958 lz (1) for the purpose of the levy of light-dues, a ship's tonnage ascertainshall be reckoned as under the merchant shipping act, 1958, for dues ment of payable on a ship's tonnage tonnage - - - - - power to makeru1el 21 (1) - - - ' - (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the powers and duties of the chief inspector of lighthouses and of superintendents and inspectors of lighthouses; - - - - - a billfurter to amend the lightjaouse act, 1127 (shti z r ansari, minibter of state of the minibtry of shiplri~ anti t ,m)

Parliament_bills

ad386f19-b992-5f08-9dd8-961cb54fe9f0

" bill no, 202 of 11nlo the code of criminal procedure (amendment) bill, 1180, a billfurther to am,end the code of criminal procedure, 1973 be it enacted by parliament in the thirty-first year of the republic 'of india as follows:-1 (1) this act may be called the code of criminal procedure short (amendment) act, 1980 title and commence· s (2) it shall be deemed to have come into force oft the 23rd day of ment september, 1980 2 tat 1'1' 2 in sections 108, 109 and 110 of the code of criminal procedure, 1973 (hereinafter referred to as the qrincipal act), for: the words " judicial ,~agisirate of the first class", the words "an executive magistrate" shall amendment of eetiodl 108, log and 110 i 0 b~ ~l:i:l?stituted 3 in section 196 of the principal act,-amend· ment of section 198, (4) in sub-section· (i), in clause (a), for the wor~, figures and letters '~seetion 153b, section 295a or section 506", the words, figures, letter and braekets "section 295a or sub-section (1) of 'section 505" shall be substituted; (b) after sub-section (1) j the following sub-section sball be iuerted, namely:-"(1a) no court shall take cognizance of-(0) any offence punisbable under section 153b or subsection (2) or sub-section (3) of section 505 of the indian s penal code, or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the central government or of the state government or of the district magistrate"; (c) in sub-sectiofl (3), for the words, brackets and figure "under 10 sub-section (1) ", the words, brackets, figures and letters "under foubsection (1) or sub-section (ia) and the district magistrate may, before according sanction under sub-section (1a)" shall be substituted 4 in section 436 of the principal act, in sub-section (1), in tbe ~econd is proviso, after the word and figurps "section 116", the words, figures and letter "or section 446a" shall be inserted 438 5 in section 437 of the principal act,-(a) for sub-section (1), the following sub-section shall be substituted, namely: -slo 411 "(1) when any person accused of, or r--<1spected of, the commission of any non-bailable offence is arreste'd or detained without warrant by an officer in charge of :1 police station or 8ppeare or is brought before:: a court other than the high court or court gf session, he may be released on bail, but-2s (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a eognizable offence and he had been previoualy comijcted 30 of an offence punishable with death, imprim!lmenttor life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a nonbailable and cognizable offence: provided that the court may direct that a pei'8oil referredto in clause (i) or clause (ii) be released on baillf web pen'on 35 is under the age of sixteen years or is a woman or is sick or inftrftl: provided further that the court may also direct thit,a,~i'''on referred to in clause (it) be released on ban if it is' li8tlibe4"'diat it is just and proper so to do for any other specia'f reaiioh:· ~ 4" provided also that ute idere fact that bl'lliccused"paho1l may be required for being identified by witnesses during investlga--'tiolt'· shall not be suft\~ent· ground fbr' refuiut :to 'grant bail if h-e'!s ether~elent~ed·td~ relefiam on'bail,8'btf"wiv~idi/tmder uldttg'that'be shall eomply·'\vittfim'h dfrfi'leftrti as'lnllf'tlf given 4' by the court ': ' j(4)~~ ~ijc?n(~)1l ror the wor~ "tbeacc~~ ~dinil ~fij¥luir,y,be,~eued on bail", the words, figw:es and letter "the ~~d~ aub~,to,~ prqvisions of ~tion ~ and pendidg ~~h il:liuiry, ber,leaiedoll bail" ~ be substituted; (c) in sub-section (4), for the word "reasons", the words "reasons or slpecial reasons" shall be substituted • in section 446 of the qrincipal act, to sub-section (2), the following proviso shall be added, namely:-amend;' ment ot section 446 10 "provided that where such penalty is not paid and cannot be reeovered in the manner aforesaid, the person 80 bound as surety shall be liable, by order of the court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months" 7 after section 446 of the principal act, the following section shall be inser-i s inserted, namely: -tion of new sec-"446a without prejudice to the provisions of section 446, where a bond under this code is for appearance of a i?erson in a case and it is forfeited for breach of a condition-tion mea cancella_ tion of bond and bailbond !;ill (a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (b) thereafter no suc'h person shall be released only on his own bond in that case, if the police officer or the court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no &ufficient cause for the failure of the person bo'lmd by the bond to comply with its condition 30 provided that subject to any other provision of this code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the court, as the case may be, thinks sufbcient" 35 8 for section 478 of the principal act, the following section shall be subatisubstituted, namely: -tution of new ac-tion tor section 478 "478 if the legislative assembly of a state by a resolution gci permits, the state government may, after consultation with the high court, by notification, direct that references in sections 108, 109, 110, 145 and 147 to an executive magistrate shall be construed as references to a judicial magistrate of the first class" power to alter functions allocated to executive malistrate in certain cases t all proceedings under sections 108, loi and 110 of 'the principal act, pending before any judicial magistrate of the first class immediately before the commencement of this act shall, notwithstandinganythin, contained in this act, be dealt with as if this act had not been enacted pendin, proceedinp under sections 108 109 and 110 10 (1) the code of criminal procedure (amendment) ordinance , 1980 is hereby repealed repeal and savini· (2) notwithstanding such repeal, anything done or any action taken under the ordinanc€' so l'f'tlpaled rhall ba deemed to have been done or taken under the corresponriin(! nrovic;ionc; i)f this act statement of objects and reasonswith a view to enabung the law enforcement agencies to deal dectively with anti-social elements, habitual crimina1a and those creatinr enmity between difterent groups and communities, the president promulgated on 23rd september, 1980 the code of criminal procedure (amendment) ordinance, 1980 the ordinance, inter alia, sought to:-(i) amend the provisions regarding bail so as to make it more di1!lcu1t for habitual cl1imjnals committing serious o!encea to obtain ban; (ii) provide for civil imprisonment of surety for failure of the accused to appear in the court so· as to curb the practice of giving bail by professional sureties; (iii) confer on the district magiatratea also qower to accord sanction for prosecution under 'section ls3b and su1hecttods (z) and (3) of section 505 of the indian penal code; (i~) vest the power to take security proceedings under sections 108, 108 and 110 of the code in exeeutive magistrates: and (v) provide for transfer of the power to take security proceedings under the aforementioned sections 108, 109 and 110 of the code to judicial magistrates 2 the bill seeks to replace the aforesaid ordinance new dilhi; p venkatasubbaiah the 25th november, 1980 -~ " , ~: ", : , " ' , , " - ,:~ - ,(l) ~iwaa: ~ic::~ :maptr" i o~·;~,;~{:lw ~rewvm , ma~on tha~there is withid,hia,looal juriijon ~)':~o~, -who,juu or without such jurisdiction,-ti6na\\te~~;~~~{!s o:r·~t,::~g t:f~~~:~:r ,;~;::~: semination of,-forlood behaviour from d1ueminatinl leditlous matters (a):'imy ma~ter the publication of,w~chis,j)~~¥b~e ~der section 124a or section 153a or section 153'b er ,s~tion2i;a of the indian penal code, or 45 01"10 '(b) any tnatter c&dcemmg a judge aetingor plu'porting to act in the discharge of his offietal dutieswhteh, amounts to· criminal intimidation or defamation under ·,the indian 'perla1 code, 45 of 1880 (ii)makea, ~roduces, publishes or keepa' fer sale, imports, exports, conv~ sells, lets to·~'hire, distributes, ,publicly, exhibitikor in any other manner 'puts into circulation any obscene matter such as is referred to 'in section 29'2 of the indian penal code, 45 of 1880 and the magistrate is of opin!on that there is • ~ ~ fof; ;proceeding, the magistrate may, in the manner hereinafter provided, require such person to~?if aa~;wby he "uw:~~tbo ~~di~~ •• bond, with or without sureties, for his good behaviour for such c>eriod, not exceeding one year, as the magistrate thinks fit (2) no proeeedings shall be taken under thiao section aptnst' the editor, proprietor, prjnter or publisher of aay; put~ 1'eiiitend under, and edited, printed and ~ublished inconformity with, the rules laid down in the press and registration of boola act, 1867, with reference to any matter contained in such publication except by the order or under the authority of the state government or some ofilcer empowered by the state government in this behalf securitj' for load bebaviour trom 81up8cted pel'lodl 101 when a judicial magistrate of the ftnt class receives information that there is within his local jurisdiction a persen taking precautiodl to conceal his presence and that there is reason to believe that he ia doing so with a view to committing a cognizable offence, the magiltrate may, in the manner hereinafter "rovided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, ndt ~lc one year, as the magistrate thinks ftt 110 when a judicial magistrate of the ftrat cja, receivei·idformatidd that there is within his loeal jurisdiction a pe1'iioi1 who-(a) is by habit a robber, house-breaker, thief, or forger, or (b) is by habit a receiver of $~len property knowing the same tg have hen stolen, or ,~ a"!'~ fti~1dy 'p~ at i~rbdt1rs 'thieves, or a~di,i~ tl\e c~m-l~ ,or ~l tw floierl prmi!rty" of ~ l " , '' , , " ':!, ,' <~) habi~u:y to~mj,ts, ,or' ~tte1np~ ;~n~~mit~:; ~~ls, the 45 of 1880 ~omjlussl?n ~t, the ~ence of kidnapp'ing, ,ab~uctiont" e:1ttpr~qn, cheat-ing or rruschlef, or, any offence "punishable };lnder chap~r xii of the indian penal c~de or un'der section 489a, se<'tion ~89b, a~tion ');' 489c or ~ectt~n' 91')" bf that code; or' ' , ' "! r t:,", - ~,! , , (~,habituan)' ~l$, of attempts· t» rcqplmit,or,' ,abet ~e , , eommiuipn '91, oifedou) ,iavol\lirg a brtacth$f fbe ce;:l0j' " (1~:;habttual1y eomrhits, or attempts' to commit" or abets' 'the c()ritm~~f':":" ' ~, " ,', ," '" ,',,', n~: ~y offence under one or m~~e, ot ,th:~ ~~~?w~~~ , a~'ts, 23 of im1 , fl· ': ,,: r ':: • _ , " (a) the drugs and cosmetics act, 1940; (b) the for~ign exchange regulation alit, ,197~;\ tel of 1''13 18 of 18&2 (c) the employees' provident, funds and family pension fund act, 1952; 3'7 of 19m (d) the prewntion of food adulteration act, 195'4; , (e) the esiential commocnti~ act, i955; 10 of 1955 22 of 1955 52 of 1982 45 of 1880 prciii"'" tiars ", ~" ::'i!te __ for criminal codspi_ racy to such '1' (f) the untduchability'-ybffenees) , act, '19s5; 1"'1 ' (g) the customs act, 1962; or , , )1 ' ~ (ii) any offencepunishableupder any other' law' proridibg for the prevention of hoerdingqi"'proflteering or of adultetiiltion of food or drugs or of corrutptillln, or ' i (g) so 'desperate and dangerous'as to render ms b&lmgut, large without security hazardous to the community, such magistrate'lilay, in the' manner hereinafter provided; ~quire such person to show cause"wh, he shouldlhot be orderedtt7 exetut'!'8 '}j(snd, with sureties, for his good behaviour for such period, ft6l"e>~e'_' three yean, as the magistrate thinks fit - - 116 (1) no cow1 shall take cognizance of-(4) any offence punishable umlerchap_ vl''ot''under ~n 153a, section 153b, section 295a or _uori s05-' 'ot the i'nafanperiai code, ()r ; - - - - - (3) the central government or the state government may, before aecording sanction under sub-section (1) and the state government or the ~ict magil~ate may, bef<)ft giving consent, undersu1hettioft (2), orw a pr~inary in:vesuga~on' by a, ~oliee q,t&,ep: not bein, below_he rank of inspector, in which case such police officer shall have·tii!e pewers ~ferred tq: in sub-section (3) !1fsection 155 ,\' ' ,' "" as: (1) when any person other than a person aeeused of·'b noll-bailable offenc~ ,is ~,~~~~~<l, or dj!tai~d witpoj:1t warra~t~ ap, offtcer in (!1t'l~~ of a' ,pojfc'~i; btat~on, or l'{jpears c?r , i,~ "qro~gm j:¥!fore ,a c~tu,'t, and l~'p~~rela(afty""'time whoe in the custody of such offtcer ~,'~t any stage of the proceeding before such court to give bail, such person shall be -teased on ball: whed baumay betaken in eue of non-bailable offence provided, that such oftlcer or court, if be 4rit tbinka fu, ~y, instead of taking ball from such person, dilcharge him on, ht, 8xecu~ a, bond without sureties for his ap')e8l'ance as hereinafter provided: provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 118, - - - - - • (1) when any pel'llon aeeused of or sulpected of the eommillloll of any non-bailable offence is arrested or detained without warrant by an offtcer-in-charge of a pollee station or appears or is brought before a court other than the high court or court' of s_on, he may be releued on bail, but he shall not be so released if there a&>pear reasonable grounds for believing that he has been guilty of an offence puniaha:ble with death or imprisonment for lite: provided that the court may direct that any person udder the age of sixteen years or any woljuln or any sick or infirm, person aceused· of such an offence be released on bail: provided further that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be suft\cient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the court procedure wheft bond hubeen forfated (2) if it awears to such ofiicer or court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufticient grounds for further inquiry into his guilt, the aecused shall, pending such inquiry, be releued on bail, or, at the discretion of such offieer or court, on the execution by him of a bond without sureties for his appearance as here~nafter provided - - - - - (4) an officer or a court releasing any penon on ban under subsection (1) or sub-eection (2), shall record in writing his or its reasons for 10 doing - 448 (1)- - - •• - • - - - - (2) if suftldent cause is not shown and the penalty is not ~ald, the court may proceed to recover the same as if such' penalty were a fine imposed by ttunder this code - - - - - 478 if the state legislature by a resolution so requires, the state government may, after consultation with the high' court, by notification, direct that-, power to alter tunetione allocated to judiclaland becutlve macil tratesin : certain cua,' ," (4) references in sections 108, 109 and 110 t~ a j~alcial m~gis­trate cif the ftrst class shall be construed as refereri~ 'to an _ execu- tive magistrate; , ' ' - ' \,' (b) ref~~~ in sections 145 and 147 to an 1t~ecutivej4agiatrate shall be ~onstrued as reterences to a jucuclalm!lptrat4jof ~e ftrst 'e1ai8 ' ' ' , - - - - - , a billfurther to amend the code of criminal procedure, 1973 (shri p venkatasubbaiah, minister of state in the ministty of home affa/jt8 and depa,·tment of parttamentat1j affairs)

Parliament_bills

b95747c5-5b4b-55f0-855b-2a66e96068c0

bill no 2 of 2007 the national commission for small and tiny industries bill, 2007 by shri ks rao, mp a billto provide for the setting up of a national commission for small and tiny industries and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the national commission for small and tiny industriesact, 2007short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act;5(b) "small and tiny industry" means any industry involved in the manufacturing or processing of consumer or household products such as, bread, biscuit, and other confectionery items, fast food or other food products, detergents, soaps, kitchen items, shoe and leather goods, cosmetics and skin care products, herbal products for medicinal and other purposes, stationery and electrical items, hardware and sanitary ware items or any other item which may be prescribed and where the total capital invested in running the business does not exceed rupees ten lakh3 (1) the central government shall set up a national commission for small and tiny industries10national commission for small and tiny industries(2) the commission shall consist of a chairman and four other members possessing such qualifications as may be prescribed(3) the salaries, allowances and other terms and conditions of service of the chairman and other members, shall be such as may be prescribed by the central government154 (1) every state government and union territory administration shall constitute a commission for small and tiny industries to be known as the state or union territory commission for small and tiny industriesstate commission for small and tiny industries(2) the commission shall consist of a chairman and four other members representing such disciplines as may be determined by the state government or union territory administration20(3) the salaries, allowances and other terms and conditions of service of the chairman and other members shall be such as may be prescribed by the state government or union territory administration5 the national commission shall perform the following functions, namely:—(i) formulation of policy for the development of small and tiny industries;functions of the national commission25(ii) coordination with the state/union territory commissions regardingdevelopment of small and tiny industries;(iii) formulation of guidelines regarding financial assistance or loans by banksor financial institutions to small and tiny industries;30(iv) recommend to the central government steps to be taken for the welfare ofpersons engaged in small and tiny industries; and(v) such other functions, as may be assigned to it by the central governmentfunctions of the state commissions356 the state/union territory commissions shall perform the following functions,—(i) provide assistance to the small and tiny industries in matters such as acquiringlicense, building of infrastructure, from the state governments or union territory administrations concerned;(ii) provide assistance to the small and tiny industries in obtaining loans fromcommercial banks and other financial institutions;(iii) implement the national policy for the development of small and tiny industriesin respect of the state/union territory;40(iv) advise the respective sate government/union territory administrationregarding any matter relating to development of small and tiny industries in the state/ union territory;(v) send regular report or information, as the case may be, to the nationalcommission from time to time; and45(vi) such other functions as may be assigned to it by the state government orthe union territory administrationpower to make rules7 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of the act statement of objects and reasonsthe small and tiny industries are very important for our economy as they prevent concentration of wealth in few hands, decentralize the manufacturing processes and provide employment on large scale it simultaneously provides choice to the consumers and a source of revenue to the state by way of payment of taxes but, as yet, there is no clear-cut policy for the development of small and tiny industries in the country earlier, certain categories of industries were reserved exclusively for the small scale sector, but now it has been dispensed with now big industrial houses and even multinational companies are penetrating the small scale sector as well as the retail sector, thereby becoming a threat to the existence of small and tiny industries, as they are not in a position to compete with the former further, the small scale entrepreneurs have to run from pillar to post in order to obtain loan, license and other infrastructural facilities there is no proper authority to assist them and address their grievances it is proposed to set up a national commission for small and tiny industries and similar commission at state level to help in their all round developmenthence this billnew delhi;ks raonovember 9, 2006 financial memorandumclause 3 of the bill provides for the setting up of a national commission for small and tiny industries consisting of a chairman and four other members clause 4 provides for setting up of commissions for small and tiny industries in every state and union territories the central government has to meet expenditure for the union territories and may also have to provide funds to the state governments for the commissions the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees ten crore per annum it is also likely to involve a non-recurring expenditure of rupees two crore memorandum regarding delegated legislationclause 7 of the bill empowers the central government to frame rules for carrying out the provisions of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for setting up of a national commission for small and tiny industries and for matters connected therewith or incidental thereto—————(shri ks rao, mp)mgipmrnd—45ls(s-5)—06-02-2007

Parliament_bills

3828db2b-576a-50c5-a9fc-05669ef23df7

bill no xxii of 2009 the marriage laws (amendment) bill, 2009 a billfurther to amend the special marriage act, 1954, the hindu marriage act, 1955 and the code of criminal procedure, 1973be it enacted by parliament in the sixtieth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the marriage laws (amendment) act, 2009(2) it shall come into force at onceshort title and commencement chapter ii amendment to the special marriage act, 195443 of 1954102 in the special marriage act, 1954, after section 44, the following section shall be inserted, namely:—insertion of new section 44a"44a if an existing marriage, by whatever law it is governed, becomes interreligious due to change of religion by either party, it shall be governed by the provisions of this act, including its anti-bigamy provisions"existing marriage becoming inter-religious due to change of religion chapter iii amendment to the hindu marriage act, 195525 of 19553 in the hindu marriage act, 1955, after section 17, the following section shall be inserted, namely:—insertion of new section17a5punishment for marrying again after changing religion45 of 1860"17 a a married person, whose marriage is governed by this act, cannot marry again even after changing religion unless the first marriage is dissolved or declared null and void in accordance with law, and if such a marriage is contracted, it shall be deemed to be null and void and the provisions of sections 494 and 495 of the indian penal code, 1860 shall apply, accordingly" chapter iv 10 amendment to the code of criminal procedure, 19734 in the code of criminal procedure, 1973, in the first schedule, —2 of 1974amendment of the first schedule(a) in the entry against section 494:—15(i) in column 4, for the word "non-cognizable" the word "cognizable"shall be substituted(ii) in column 5, for the word "bailable", the word "non-bailable" shall be substituted (b) in the entry against section 495:—(i) in column 4, for the word "non-cognizable" the word "cognizable"shall be substituted20(ii) in column 5, for the word "bailable", the word "non-bailable" shall be substituted statement of objects and reasonsin our country, marriage laws, except the muslim law which are in force, prohibit bigamy and treat bigamous marriage as void for quite some time, the married men whose personal laws do not allow bigamy have been resorting to immoral and unethical practice of converting to islam for solemnising the second marriage these men believe that conversion to islam enable them to marry without dissolving the first marriage of late, the marriage of a prominent person after conversion has hit the headlines of the newspapers and electronic media besides this, there are many cases of bigamy which go unnoticed since the antibigamy provisions of the indian penal code are non-cognizable, most of the cases of bigamy remain unpunished as the first wife remains silent and suffers in the absence of any complaint, the courts cannot do anything even the muslim personal law does not permit bigamy in its plain form the quran only offers conditional permission for a man to have four wives it lays down that a person can keep second wife, if he can treat both of them equally and give them equal justice in most of the cases, the conversion is sham and thus the second marriage is a fraud on the islamic law and has no recognition under it several high courts while deciding the issue, have held that contracting second marriage after conversion is void and therefore, attracts the punishment under sections 494 and 495 of the indian penal code finally, the supreme court of india outlawed this practice in sarla mudgil versus union of india (air 1995-sc-1531) the ruling of the supreme court of india that "second marriage after conversion is void was reaffirmed in the year 2000 in the case of lilly thomas versus union of india(2000) 6-sc-224the law commission in its 227th report has also recommended for amendment of the marriage laws particularly, in view of the supreme court's judgments therefore, there is a need to give statutory backing to the legal position settled by the supreme court by amending the marriage laws further, it is also proposed that offences under sections 494 and 495 of the indian penal code should also be made cognizable and non-bailable to put a check on bigamyhence this billmahendra mohan extracts from the code of criminal procedure, 1973 sectionoffencepunishmentcognizablebailableby whator nonor non-courtcognizablebailabletriable123456494marrying againimprisonmentnon-bailablemagistrateduring thefor 7 years,cognizableof the firstlifetime of aand fineclasshusband or wife495same offenceimprisonmentnon-bailablemagistratewith concealmentfor 10 years,cognizableof the firstof the formerand fineclassmarriage from the person with whom subsequent marriage is contracted ———— a billfurther to amend the special marriage act, 1954, the hindu marriage act, 1955 and the code of criminal procedure, 1973————(shri mahendra mohan, mp)gmgipmrnd—5141rs(s-5)—4122009

Parliament_bills

1efc41e5-0e5c-5450-b925-ed58c82f6980

bill no lix of 2015 the code of criminal procedure (amendment ) bill, 2015 a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may by called the code of criminal procedure (amendment) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint statement of objects and reasonsthere are several laws against communal violence in the country but their enforcement is hampered by legal limitations and a severely ineffective police this makes communal offenders act with impunity, encouraging more of such violence it is therefore vital that the law be strengthened and gaps plugged in so that the perpetrators of crime as well as the victims get justicesection 196 (1) and (1a) of the code of criminal procedure (crpc) requires the permission of the union or state government for prosecuting those accused of communal offences as prescribed under sections 153a, 153b, 295a and 505 of the indian penal code (ipc) this has rendered the existing laws largely powerless as patronage is frequently used to deny sanction and to shelter the accused this is the reason why several commissions, including the second administrative reforms commission in its 5th report on public order, recommended that the relevant clauses under the section be removed this amendment, therefore, seeks to remove the requirement of government permission before prosecuting the accusedhence this billhusain dalwai annexure extracts from the code of criminal procedure, 1973 (2 of 1974)196 (1) no court shall take cognizance of—(a) any offence punishable under chapter vi or under section 153a, section 295a or sub-section (1) of section 505 of the indian penal code (45 of 1860), or(b) a criminal conspiracy to commit such offence, or prosecution for offences against the state and for criminal conspiracy to commit such offence(c) any such abetment, as is described in section 108a of the indian penal code(45 of 1860), except with the previous sanction of the central government or of the state government (1a) no court shall take cognizance of—(a) any offence punishable under section153b or sub-section (2) or sub-section (3) of section 505 of the indian penal code (45 of 1860), or(b) a criminal conspiracy to commit such offence, except with the previous sanction of the central government or of the state government or of the district magistrate (2) no court shall take cognizance of the offence of any criminal conspiracy punishable under section120b of the indian penal code (45 of 1860), other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the state government or the district magistrate has consented in writing to the initiation of the proceeding:provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary(3) the central government or the state government may, before according sanction under sub-section (1) or sub-section (1a) and the district magistrate may, before according sanction under sub-section (1a) and the state government or the district magistrate may, before giving consent under sub-section (2), order a preliminary investigation by a police officer not being below the rank of inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 155———— a billfurther to amend the code of criminal procedure, 1973————(shri husain dalwai, mp)gmgipmrnd—4597rs(s3)—26-02-2016

Parliament_bills

4bd5c0fa-d010-57a7-b3d9-8e1542c56010

bill no 198 of 2015 the constitution (amendment) bill, 2015 by shri pp chaudhary, mp a bill further to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2015short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointinsertion of new article 324a2 after article 324 of the constitution, the following article shall be inserted, namely:—10"324a notwithstanding anything in this constitution, the election commission shall, as far as possible, endeavour to conduct elections to the house of the people and to the legislative assemblies of all states simultaneously"election commission to conduct elections to the house of the people and legislative assemblies of all states simultaneously statement of objects and reasonsat present, general elections of lok sabha and state legislative assemblies are being held in different years and, in many cases, even at different periods of the same year the tenure of both lok sabha and the state legislative assemblies have been fixed at five years by the constitutionpresently, the cost of holding elections for lok sabha and legislative assemblies of states and union territories has been pegged at rupees four thousand and five hundred crores by the election commissionsuggestions are being received from certain quarters that a scheme should be devised whereby the general elections to the lok sabha and the state legislative assemblies are held simultaneouslythe rationale given is that this will result in huge saving to the public exchequer, avoidance of replication of efforts on part of administration and law and order machinery in holding repeated elections and bring considerable savings to political parties and candidates in their election campaignsanother argument in support of the above suggestion is that now asynchronous lok sabha and legislative assembly elections including bye-elections result in prolonged enforcement of model code of conduct with its concomitant adverse impact on development and welfare programmesunder the parliamentary democracy envisaged in our constitution, situations may arise from time to time, where the five year term of the lok sabha may have to be either curtailed or extended the same would be the situation in relation to the state legislative assemblies the proposal for simultaneous elections, however, would involve having fixed term for the union and state legislative bodieshence this billnew delhi;pp chaudharyjuly 6, 2015———— a billfurther to amend the constitution of india————(shri pp chaudhary, mp)gmgipmrnd—1487ls—(s3)—21072015

Parliament_bills

cdf8faa8-74e2-546b-8a48-8b6ce90fa709

the mines and minerals (development and regulation) bill, 2011—————— arrangement of clauses—————— chapter i preliminary clauses1short title, extent and commencement2declaration as to the expediency of union control3definitions chapter ii general restrictions on mineral concessions4reconnaissance, prospecting and mining operations to be under licence5eligibility for grant of mineral concessions6maximum and minimum area of mineral concessions7period of grant and extension of licence and deposit of security8grant and extension of mineral concession9prospecting licence and mining lease of an area under reconnaissance10special provisions in respect of atomic minerals11mineral concession to be void if in contravention of act12cancellation of a mineral concession or disqualification13notification of certain areas for grant of mineral concessions14time limit for disposal of applications for grant of mineral concessions15rights of a holder of non-exclusive reconnaissance licence, high technologyreconnaissance-cum-exploration licence or prospecting licence or mining lease 16act and rules to apply to all extension of mineral concessions17transfer of non-exclusive reconnaissance licence, high technology reconnaissancecum-exploration licence and prospecting licence18transfer of a mining lease chapter iii non-exclusive reconnaissance licence19conditions of a non-exclusive reconnaissance licence20procedure for grant of non-exclusive reconnaissance licence chapter iv high technology reconnaissance-cum-exploration licence and prospecting licence21conditions of a high technology reconnaissance-cum-exploration licence and prospecting licence clauses22procedure for grant of high technology reconnaissance-cum-exploration licence and prospecting licence23issue of notification where prospecting operations are to be undertaken by the geological survey of india, etc chapter v mining lease24conditions of a mining lease25procedure for grant of mining lease26mining operations to be in accordance with mining plan27rights of a lessee28extension of mining lease29lapsing of leases and revival30determination of lease31premature termination of lease32mine closure plan33closure chapter vi mineral concessions in cases where minerals do not vest exclusively with government34applications in case minerals vest with private persons35mineral concessions to be in the form of a registered deed36cases where minerals vest partly with government chapter vii reservation37reservation of areas for conservation of mineral resources38saving of reserved areas39expiry and revocation of reservation40conservation of mineral chapter viii royalties, compensation and cess41royalty payable in respect of minerals42dead rent payable by lessee43payment of compensation to owner of surface, usufruct and traditional rights, damages, etc44levy and collection of cess by central government45levy and collection of cess by state government chapter ix power to issue directions 46power of central government to issue directions in the interest of scientific mineralexploration and mining and sustainable development clauses47power of state government to issue directions generally48power to authorise geological survey of india and indian bureau of mines, atomicminerals directorate, etc, to investigate and report49power of indian bureau of mines, coal controller, atomic minerals directorate and state directorate to issue certain directions and to seek information chapter x national, state mineral fund and district mineral foundation50national mineral fund51administration and management of fund52audit of accounts of national mineral funds53state mineral fund54administration and management of state mineral fund55audit of accounts of state mineral fund56establishment of district mineral foundation57governing council chapter xinational mining regulatory authority and state mining regulatory authority58establishment of national mining regulatory authority59composition of national authority60qualification for appointment as chairperson or member of national authority61selection committee for selection of chairperson and members62term of office, salary and allowances of chairperson and members of nationalauthority63resignation64removal of suspension of chairperson or members of national authority65member of national authority to act as its chairperson in certain cases66vacancies, etc, not to invalidate proceedings of national authority67officers and other employees of national authority68powers and functions of national authority69search, seizure and investigation70establishment of state mining regulatory authority71composition and procedures of state authority72powers and functions of state authority73powers of central government to supersede national authority74power of state government to supersede state authority chapter xii national mining tribunal and state mining tribunal75establishment of national mining tribunal and benches thereof76composition of national mining tribunal clauses77qualifications for appointment as chairperson or members of national mining tribunal78selection committee for selection of chairperson and members79terms of office, salaries and allowances of chairperson and members of national mining tribunal80resignation81removal and suspension of chairperson or members of national mining tribunal82member of national mining tribunal to act as its chairperson in certain cases83vacancies, etc, not to invalidate proceedings of national mining tribunal84staff of national mining tribunal85powers and procedure of the national mining tribunal86application to national mining tribunal87transfer of revisions pending before central government to national mining tribunal88appeal to high court89establishment of state mining tribunal90composition of state tribunal and benches thereof91qualifications for appointment as chairperson of member of state mining tribunal92selection committee for selection of chairperson and members of state mining tribunal93terms of office, salaries and allowances of chairperson and members of state mining tribunal94resignation95removal and suspension of chairperson or members of state mining tribunal96member of state mining tribunal to act as its chairperson in certain cases97vacancies, etc, not to invalidate proceedings of state mining tribunal98staff of state mining tribunal99powers and procedure of state mining tribunal100application to state mining tribunal101appeal to high court chapter xiii coordination committees and national repositories102central coordination-cum empowered committee103state coordination-cum empowered committee104national repositories chapter xiv special courts105constitution of special courts106procedures and powers of special courts107special court to have powers of court of sessions clauses108appeal and revision109review chapter xv offences and penalties110punishment for reconnaissance prospecting and mining operations without licence or lease111penalty for non-implementation of final mine closure plan112penalty for disobeying direction of state government, etc113penalty114recovery, seizure, etc, of minerals raised by any person without lawful authority115offences by companies116cognizance of offences by court117compounding of offences118recovery of certain sums as arrears of land revenue119ineligibility for grant of mineral concession120punishment for vexatious complaints121punishment for violation of directions of national authority122punishment for obstructing investigation officer or investigating authority chapter xvi miscellaneous123power of entry and inspections124power to search, enter and inspect125declaration of a mineral as a major mineral126accreditation of agencies127special provisions to deal with certain contingencies128approval of central government to state government129bar of jurisdiction130delegation of powers131power of central government to make rules132power of state government to make rules133laying of rules134members and staff of tribunals to be public servants135application of other laws not barred136protection of action taken in good faith137transitory provisions138repeal and saving139power to remove difficultiesthe first schedule the second schedule the third schedulebill no 110 of 2011 the mines and minerals (development and regulation) bill, 2011 a billto consolidate and amend the law relating to the scientific development and regulation of mines and minerals under the control of the unionbe it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the mines and minerals (development and regulation)act, 2011short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:10provided that different dates may be appointed for different provisions of this actand any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision2 it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation of mines and mineral development to the extent hereinafter provideddeclaration as to the expediency of union control3 in this act, unless the context otherwise requires,—definitions(a) "atomic minerals" means the minerals specified in part 'b' of the first schedule;5(b) "atomic minerals directorate" means the atomic minerals directorate for exploration and research, hyderabad, under the control of the department of atomic energy, central government;(c) "beach sand mineral" includes ilmenite, rutile, leucoxene minerals, and any other titanium bearing mineral that can be extracted from placer sand as specified in part 'c' of the first schedule;10(d) "cess" means,—(i) a duty in the nature of duty of excise and customs levied and collected on major minerals by the central government; and(ii) a duty on royalty levied and collected on major and minor minerals by the state government, for the purposes of this act;15(e) "coal controller" means the person appointed as such by the central government under the coal controller organisation (group 'a' posts) recruitment rules, 1986 for the time being in force;(f) "coal minerals" means the minerals specified in part 'a' of the first schedule;20(g) "detailed exploration" means a detailed three-dimensional delineation of a known deposit achieved through close spaced sampling, pitting, trenching and drilling in a grid, and includes an analysis of outcrops, trenches, boreholes, shafts and tunnels, so that the size, shape, structure, grade of the deposit are established with high degree of accuracy, in order to conduct a feasibility study;25(h) "feasibility study" means the report prepared by duly accredited agencies after conducting a study of a mineral deposit in accordance with the united nations framework classification system, assessing in detail the technical soundness and economic viability of a mining project, including an audit of all geological, engineering, environmental, legal and economic information accumulated on the project;69 of 1980(i) "forest area" means any area to which the provisions of the forest(conservation) act, 1980, is applicable;30 35(j) "general exploration" means the process of initial delineation of an identified deposit in an area using surface mapping, wide spaced sampling, trenching and drilling for preliminary evaluation of mineral quantity and quality, including mineralogical tests on laboratory scale, and any indirect method of mineral investigation, in order to conduct a pre-feasibility study and further detailed exploration;(k) "high technology reconnaissance-cum-exploration licence" means a licence granted under this act for reconnaissance and prospecting, including general and detailed exploration;40(l) "licence" means the licence granted for the purposes of reconnaissance or prospecting or high technology reconnaissance-cum-exploration;(m) "major minerals" means the minerals specified in the first schedule;45(n) "mineral concession" means a reconnaissance licence, a high technology reconnaissance-cum-exploration licence, a prospecting licence, or a mining lease in respect of major minerals and minor minerals and includes quarrying permits and any other mineral concessions permitting the mining of minor minerals in accordance with such rules as may be made by the state government in this behalf;(o) "mining lease" means a lease granted by the competent authority for the purpose of undertaking mining operations, in accordance with the provisions of this act, and in respect of minor minerals, shall include quarrying permits and other50mineral concessions permitting the mining of minor minerals, in accordance with such rules as may be made by the state government;(p) "minor minerals" means the minerals other than the major minerals specified in the first schedule;5(q) "national authority" means the national mining regulatory authorityestablished under section 58;(r) "national mining tribunal" means the national mining tribunal establishedunder section 75;10(s) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(t) "non-exclusive reconnaissance licence" means a licence to conduct a systematic study for identifying areas of enhanced mineral potential through reconnaissance on regional scale;(u) "prescribed" means prescribed by rules made under this act;15(v) "prospecting" means the systematic process of searching for a mineraldeposit by narrowing down an area of promising enhanced mineral potential through outcrop identification, geological mapping, geophysical and geochemical studies, trenching, drilling, sampling, etc, in order to facilitate general and detailed exploration;20(w) "prospecting licence" means a licence granted under the provisions of thisact to conduct prospecting, general exploration and detailed exploration operations;25(x) "prospecting report" means a report containing all relevant information on amineral in an area on the basis of results of prospecting, general exploration and detailed exploration giving details of ore bodies in terms of size, shape, grade, quantity of mineralisation and geological assessment represented by codes in the united nations framework classification system, including baseline and geo-environmental study data;30(y) "reconnaissance" means a systematic study to identify areas of enhancedmineral potential on a regional scale based primarily on the results of regional geological, geophysical and geochemical studies through remote sensing, aerial and ground sampling surveys including, preliminary field inspections, in order to facilitate further investigation for deposit identification;(z) "reconnaissance report" means a report containing all relevant informationon mineral occurrences in an area of enhanced mineral potential on regional scale obtained through reconnaissance;35(za) "schedules" means the schedules appended to this act; (zb) "special courts" means the special courts constituted under section 105of this act;40(zc) "state directorate" means the directorate of mining and geology (bywhatever name called) of the state government headed by a director (or any other designation of this nature) responsible for regulation of mining activities within the state;(zd) "state authority" means the state mining regulatory authority establishedunder section 70;45(ze) "state mining tribunal" means the state mining tribunal established undersection 89;(zf) "sustainable development framework" means the national sustainable development framework or a state sustainable development framework prepared in accordance with the provisions of section 46;(zg) "united nations framework classification" refers to the classification of mineral reserves or resources made by the united nations economic commission for europe and as may be adopted and notified by the central government for the purposes of this act;535 of 1952(zh) the expressions "agent", "manager", "mine" and "owner" shall have the meanings respectively assigned to them in the mines act, 1952 chapter ii general restrictions on mineral concessions10reconnaissance, prospecting and mining operations to be under licence4 (1) save as otherwise provided in this act, no person shall undertake any reconnaissance, prospecting, general exploration, detailed exploration or mining in respect of any major or minor minerals except under a non-exclusive reconnaissance licence, hightechnology reconnaissance-cum-exploration licence, prospecting licence or mining lease in case of major minerals or any other mineral concession in case of minor minerals, as the case may be, granted in accordance with the provisions of this act and the rules made thereunder:1520 1 of 1956 25provided that nothing in this sub-section shall affect any reconnaissance, prospecting, general exploration, detailed exploration or mining operation undertaken in any area in accordance with the terms and conditions of a reconnaissance permit, prospecting licence or mining lease granted before the commencement of this act(2) no licence shall be necessary in respect of reconnaissance or prospecting operations undertaken by the geological survey of india, the atomic minerals directorate, the mineral exploration corporation limited, the singareni collieries limited, the neyveli lignite corporation limited and the central mine planning and design institute limited being government companies within the meaning of section 617 of the companies act, 1956 or the directorate of mining and geology (by whatever name called) of any state government and such other government agencies as may be notified by the central government from time to time in respect of any land where rights on minerals vest in the state government:30provided that all such operations shall be notified by the state government and may be undertaken for a period not exceeding three years in respect of reconnaissance and six years in respect of prospecting, as may be specified in such notification:provided further that no such reconnaissance or prospecting shall be undertaken in an area for which a licence or mining lease has been granted or for which application for a grant of licence or mining lease is pending3540explanation—for the purposes of this sub-section, in respect of the mineral exploration corporation limited, the singareni collieries limited, the neyveli lignite corporation limited, the central mine planning and design institute limited and the other government agencies as may be notified under this sub-section, the provisions of this sub-section shall apply with respect to promotional work undertaken on behalf of the central government or the state government, as the case may be(3) no person shall be entitled to make any application for mineral concession in the area covered by the notification during the period specified in the notification issued under sub-section (2), and on expiry of the said period or such earlier period as may be notified by the state government, the area shall be deemed to be available for grant of mineral concessions45 50(4) in respect of land on which prospecting operations are conducted in accordance with the provisions of sub-section (2), before the expiry of the period specified in the notification issued by the state government, the central government in case of coal minerals, and the state government in case of all other minerals, may by notification, invite competitive offers for grant of concession under section 13 or may set aside the entire land or any portion of the land for a period not exceeding three years for grant of mineral concession under section 13 and no application for grant of any mineral concession shall lie during this period or on the expiry thereof, except in accordance with a notification issued under sub-section (1) or sub-section (4) of section 13 of this act, as the case may be(5) subject to the provisions of sub-section (6), no mineral concession shall be granted except on an application made to the state government after the commencement of this act and in accordance with the provisions thereof along with the application fee and earnest money, in such form and manner as may be prescribed5explanation— for the removal of doubts, it is hereby clarified that applicants whomade the applications before the commencement of this act shall be required to make fresh applications under this act, and no right [except as otherwise provided under sub-section (6)] shall accrue to such applicants under this act by virtue of having made an application before such commencement10(6) the provisions of sub-section (5) shall not be applicable in case of applications made in accordance with any law for the time being in force, before the commencement of this act,—(a) for grant of prospecting licence or a mining lease after completing exploration under a reconnaissance permit or a prospecting licence, as the case may be; or15(b) for which prior approval of the central government for grant of mineral concessions, has been given; or20(c) where a letter of intent (by whatever name called) has been issued by the state government to grant reconnaissance permit or prospecting licence or mining lease, as the case may be, and was pending grant of the concession under this act for fulfilment of the conditions of the letter of intent, and the application for grant of the mineral concessions is pending with the state government at the time of commencement of this act25(7) in case a person submits his application for grant of mineral concession in respect of major as well as minor minerals in the same area, the application shall be considered for all the minerals applied for in accordance with the provisions of this act applicable to major minerals(8) no person shall transport or store, or cause to be transported or stored, any minerals otherwise than in accordance with the provisions of this act and the rules made thereunder30(9) an application for grant of mining lease for atomic minerals may be considered andgranted by the state government after obtaining prior approval of the department of atomic energy in such cases and in such manner as may be prescribed by the central government:35provided that no lease shall be necessary in respect of mining of atomic minerals undertaken by the atomic minerals directorate or such other government agencies as may be notified by the central government from time to time4045(10) in any reconnaissance or prospecting operations undertaken by the geological survey of india, the atomic minerals directorate, the mineral exploration corporation limited, the singareni collieries limited, the neyveli lignite corporation limited, the central mine planning and design institute limited and such other government agencies, in accordance with the provisions of sub-section (2), such agency conducting the reconnaissance or prospecting operations shall publish, in such manner as may be prescribed by the central government, a report of the reconnaissance or prospecting operations and intimate the publication to the state government in such manner as may be prescribed by the central government to enable the state government to set aside the area under sub-section (4) or notify the area under section 13 for prospecting or mining, as the case may be:50provided that where the state government fails to take a decision to set aside the area or notify the area under section 13, it shall publish such data in its official website, that would be available to the general public in such manner as may be prescribed by the state governmenteligibility for grant of mineral concession1 of 1956 9 of 193255 (1) no person shall be eligible for grant of a mineral concession unless such person is a citizen of india or a company as defined in sub-section (1) of section 3 of the companies act, 1956, or a firm registered under the indian partnership act, 1932 and has registered himself with the indian bureau of mines or the state directorate or any other agency authorised by a notification issued by the central government, in such manner, as may be prescribed by the central government:10provided that for the purposes of mineral concessions for small deposits in any area referred to in sub-section (6) of section 6, a co-operative society registered with the state government under the law made by it and registered in accordance with the provisions of sub-section (2) shall be eligible for grant of such mineral concession:15provided further that in respect of any concession or an application for grant or renewal of a mineral concession pending with the state governments at the commencement of this act in terms of sub-section (6) of section 4, the applicant of such application shall be given a reasonable opportunity to register with the indian bureau of mines or the state directorate, as the case may be, within such time as may be notified and such application shall not be rejected solely on the ground of non-registration with the indian bureau of mines or the state directorate, as the case may be20explanation— for the purposes of this sub-section, the firm or association or co-operative shall be eligible where all the members of such firm or association or cooperative are citizens of india(2) subject to any notification issued under sub-section (1), the registration process in respect of mineral concessions,—(a) for major minerals shall be administered by the indian bureau of mines; (b) for minor minerals shall be administered by the state directorate; and25 30(c) for coal minerals shall be administered by the central government(3) no person shall be entitled to operate a mineral concession if he contravenes any of the provisions of this act or the rules made thereunder, which renders him ineligible for grant of a mineral concession:provided that a person who is holding a mineral concession prior to the commencement of this act shall not be deemed to be contravening the provisions of this act and the rules made thereunder merely on account of the fact that the area of such concession is less than the mining area specified under section 635maximum and minimum area of mineral concession6 (1) the maximum area which can be held under mineral concession at any time by a person in respect of any mineral or prescribed group of associated minerals in a state shall be,—(a) ten thousand square kilometres in respect of non-exclusive reconnaissance licences;40(b) five thousand square kilometres in respect of high technology reconnaissance-cum-exploration licences;(c) five hundred square kilometres in respect of prospecting licences; and45(d) one hundred square kilometres in respect of mining leases:provided that a high technology reconnaissance-cum-exploration licence shall be granted for such group of associated minerals (other than iron ore, bauxite, limestone, coal minerals or other bulk minerals) as may be prescribed by the central government, and subject to such general conditions regarding use of advanced technologies and methodologies as may be notified from time to time by the central government:50provided further that in case of coal minerals, if the central government is of the opinion that in the interest of development of coal minerals, it is necessary so to do, it may, for reasons to be recorded in writing, permit any person to acquire one or more prospecting licence or mining lease covering an area in excess of the maximum area specified in sub-section (1)(2) in respect of major minerals, the minimum area for grant of,—(a) a high-technology reconnaissance-cum-exploration licence shall be onehundred square kilometres;(b) a prospecting licence shall be one square kilometre; and5(c) a mining lease shall be ten hectares(3) in respect of minor minerals the minimum area for grant of,—(a) a non-exclusive reconnaissance or a prospecting licence shall be ten hectares;and(b) a mining lease shall be five hectares:10provided that the state government in consultation with the ministry of environmentand forest in the central government for reasons to be recorded in writing may, in respect of any area and any minor mineral, notify a minimum area other than the area specified in this sub-section15explanation— for the purposes of sub-sections (1), (2) and (3), the area held by a person as a member of a co-operative society, company or other corporation and a hindu undivided family and a partner of a firm or as an individual shall be jointly computed20(4) notwithstanding anything contained in sub-sections (2) and (3), a person holding a high technology reconnaissance-cum-exploration licence, or a prospecting licence or a mining lease shall be entitled to be considered and granted a high technology reconnaissancecum-exploration licence or a prospecting licence, as the case may be, for the same minerals for an area lower than the minimum area referred to in sub-section (2) or sub-section (3), as the case may be, in an area contiguous to the area already held by him under the licence or lease, as the case may be2530(5) the holder of a non-exclusive reconnaissance licence, high technologyreconnaissance-cum-exploration licence, and prospecting licence shall surrender area out of such licence annually, as may be specified in the licence, in the manner prescribed by the central government so that at the end of the last year after the commencement of operations of the non-exclusive reconnaissance licence, the area held does not exceed the maximum eligibility of the licence holder for a prospecting licence and at the end of the last year of the high technology reconnaissance-cum-exploration licence or prospecting licence, the area held does not exceed the maximum eligibility of the licence holder for a mining lease in accordance with the provisions of sub-section (1)(6) no mining lease shall be granted in respect of any area which is not compact andcontiguous or otherwise not suitable to scientific development:35provided that in respect of small deposits not suitable to scientific mining in isolatedpatches, a mining lease may be granted for a cluster of such deposits within a defined area of not less than the area specified in sub-section (2) or sub-section (3), as the case may be, in accordance with such procedure and subject to such conditions as may be prescribed by the central government40(7) in case of the scheduled area specified in the fifth schedule to the constitutionand the tribal area specified in the sixth schedule to the constitution, the state government may, by notification, give preference as may be specified in the notification in grant of mineral concessions on an area referred to in sub-section (6) to a co-operative of thescheduled tribes45(8) any rules made by the state governments for minor minerals shall be in accordancewith the provisions of sub-sections (1) to (7)7 (1) a non-exclusive reconnaissance licence shall be granted for a period of not less than one year and not more than three years(2) a high technology reconnaissance-cum-exploration licence shall be granted for a period of not less than three years and not more than six years:50period of grant and extension of licence and deposit of security510 1520 25 30 3540grant and extension of mineral concession45 50 55provided that the period may be extended, on an application made by the licensee for a further period not exceeding two years in respect of such part of the area as may be specified in the licence(3) a prospecting licence shall be granted for a period of not less than two years and not more than three years:provided that the period may be extended on an application made by the licensee for a further period not exceeding two years in respect of such part of area as may be specified in the licence(4) a mining lease for a major mineral shall be granted for a period of not less than twenty years and not more than thirty years:provided that in an area which is already held under a mining lease and a new mineral is found in such area, the period of mining lease granted for such new mineral shall be coterminus with the period of the existing mining lease:provided further that in the interest of mineral development, amalgamation of two or more adjoining leases held by a lessee may be approved by the authority competent to grant the lease and the period of the amalgamated leases shall be co-terminus with the period of lease which expires later(5) a mining lease for a minor mineral shall be granted for a period not less than five years and may be extended for such period as may be notified by the state government:provided that different periods may be specified for different minerals having regard to the nature and manner of occurrence of mineral deposits:provided further that in respect of any minor mineral, where a minimum area is notified in accordance with the provisions of sub-section (3) or sub-section (6) of section 6, the state government may notify a minimum period of less than five years in consultation with the central government(6) a mining lease for a major mineral may be extended, on an application made by the lessee, in respect of such part of the area as may be specified and for such period not exceeding twenty years at a time, as may be required to ensure full exploitation of the runof-the-mine in a scientific manner:provided that no such extension shall be granted, except after approval in the prescribed manner, of a fresh mining plan for the area for which the lease is sought to be extended(7) for the purposes of sub-section (6), all mining leases granted before the commencement of this act, and which has not contravened any of the terms and conditions of a reconnaissance permit, prospecting licence or mining lease granted before the commencement of this act, shall be considered for extension irrespective of the size of the area of such mining lease8 (1) in respect of any land in which the minerals vest in the government (other than in respect of lands reserved under the provisions of chapter vii), the state government shall grant non-exclusive reconnaissance licence, high technology reconnaissance-cumexploration licence, prospecting licence and mining lease and extend the high technology reconnaissance exploration licence, prospecting licence and mining lease in accordance with the provisions of this act and the rules made thereunder:provided that in respect of minor minerals, the state government may, by notification, restrict the grant of licence to such types of mineral concessions as are appropriate having regard to the nature of occurrence of the minor mineral:provided further that a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence and mining lease in respect of coal minerals, atomic minerals and beach sand minerals shall be granted and extended by the state government with the prior approval of the central government(2) every person, granted a licence or lease, as the case may be, under sub-section (1), shall deposit such sum as security deposit as may be specified by the central government(3) a non-exclusive reconnaissance licence shall not be issued in respect of any area held under a high technology reconnaissance-cum-exploration licence or a prospecting licence or a mining lease(4) a prospecting licence shall not be issued in an area held under high technology reconnaissance-cum-exploration licence and vice versa(5) a high technology reconnaissance-cum-exploration licence or a prospecting licence shall not be issued in respect of an area held under a mining lease5(6) a non-exclusive reconnaissance licence, high technology reconnaissance-cumexploration licence, prospecting licence or mining lease for coal minerals shall be granted by the state government to a company approved by the central government on such terms and conditions as may be prescribed by it and such licence or lease be granted through competitive bidding and auction in such manner as may be prescribed by it:10provided that the provisions of this sub-section shall not be applicable for grant ofmineral concession,—(a) to a government company or corporation for mining or such other specified end use;(b) to a company or corporation which has been awarded a power project(including ultra mega power project) on the basis of competitive bids for tariff15(7) the reconnaissance licence, prospecting licence and mining lease (by whatever name called) in respect of any mineral underlying the ocean within the territorial waters or the continental shelf of india shall be granted by the central government in accordance with the provisions of any law for the time being in force20(8) the state government, and every holder of a mineral concession, shall makeavailable data relating to grant, extension, relinquishment, termination and plan of operations in the official website in such manner as may be prescribed by the central government(9) for the purpose of this section, the onus of proving that ownership of a mineral vests in a person other than the state government shall be on the person making the claim259 (1) notwithstanding that a non-exclusive reconnaissance licensee is operating insuch area, a high technology reconnaissance-cum-exploration licence, prospecting licence or a mining lease may be granted on that area under the provisions of this actprospecting licence and mining lease of an area under reconnaissance30(2) a non-exclusive reconnaissance licence holder who applies for a prospectinglicence under sub-section (7) of section 22 shall, on grant of such licence, be entitled to getsuch areas vacated as may have been granted a prospecting licence to any person under sub-section (1) subsequent to the grant of the reconnaissance licence:provided that a person holding a high technology reconnaissance-cum-exploration licence or a person holding a prospecting licence granted under sub-section (7) of section22 or a person granted a mining lease shall not be required to vacate the area35special provisions in respect of atomic minerals10 (1) notwithstanding anything contained in this act, the holder of a high technology reconnaissance-cum-exploration licence or a prospecting licence or mining lease for a mineral other than a minor mineral may also undertake incidental prospecting or mining operations in respect of atomic minerals in the area held, subject to the fulfilment of the following conditions, namely:—4045(a) if in the course of prospecting or mining operations, he discovers anyatomic mineral, he shall within a period of sixty days from the date of discovery of such mineral, report the fact of such discovery to the atomic minerals directorate, the geological survey of india, the indian bureau of mines and the state directorate of the state in which the prospecting or mining operations are carried on or proposed to be carried on;(b) the quantities of atomic minerals recovered incidental to such prospectingor mining operations shall be collected and stacked separately and a report to that effect sent to the atomic minerals directorate every three months for such further action to be taken by the licensee or lessee, as the case may be, which may be directed by the atomic minerals directorate50533 of 1962(2) the licensee or lessee, as the case may be, referred to in sub-section (1) shall, within a period of sixty days from the date of discovery of atomic mineral, apply to the secretary, department of atomic energy, mumbai, along with the recommendations of the state government, for grant of a licence or lease to handle the said atomic minerals in accordance with the provisions of the atomic energy (radiation protection) rules, 2004 made under the atomic energy act, 1962, and on grant of such licence or grant of lease to handle, the licensee or lessee, as the case may be, may apply for inclusion of such atomic minerals in his licence or lease, as the case may be:10provided that if in the opinion of the department of atomic energy, the atomic mineral recovered incidental to such prospecting or mining operations is not of an economically exploitable grade or the quantity found is insignificant, the licensee or lessee need not apply for inclusion of such atomic mineral in his licence or lease, as the case may be(3) in case of grant of a lease referred to in sub-section (2), the lessee shall remove and dispose off the atomic mineral on payment of royalty to the state government1533 of 196220(4) for obtaining a separate licence or lease for atomic minerals, the licensee or lessee, as the case may be, shall, within a period of sixty days from the date of discovery of atomic mineral, apply to the secretary, department of atomic energy, mumbai, along with the recommendations of the state government, for grant of licence to handle the said atomic mineral in terms of the atomic energy (radiation protection) rules, 2004 made under the atomic energy act,1962 and no licence or lease be granted except in accordance with the conditions of such licence granted under the provisions of the atomic energy (radiation protection) rules, 20042511 (1) any mineral concession granted, extended, held or acquired in contravention of the provisions of this act or any rules or orders made thereunder, shall be void and of no effect, subject to the provisions of sub-section (2)mineral concession to be void if in contravention of act30(2) where a person has acquired more than one non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or mining lease, as the case may be, and the aggregate area covered by such licences or leases in respect of a mineral in a state, as the case may be, exceeds the maximum area permissible under section 6, only that non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or mining lease the acquisition of which has resulted in such maximum area being exceeded, shall be deemed to be void35(3) in every case where a mineral concession is void under sub-section (1), the earnest money or security deposit as the case may be deposited in respect of that application shall stand forfeited, and the mineral concession shall be granted to the next eligible applicant or notified for grant of mineral concession, as the case may be, in accordance with the provisions of this act12 (1) in respect of any land in which minerals vest in the government,—40cancellation of a mineral concession or disqualification45(a) where any person fails to conduct reconnaissance or high technology reconnaissance-cum-exploration or prospecting or mining operations in accordance with a reconnaissance, or exploration plan or a prospecting or mining plan, as the case may be, prepared in the manner provided in this section, the state government may after issuing a notice to show cause and giving him an opportunity of being heard, by an order, forfeit all or any part of the security deposit and may suspend, curtail or revoke the licence or lease having regard to the circumstances of the caseexplanation— for the purposes of this sub-section the framework of mining operations in respect of minor minerals not requiring a mining plan shall be deemed to be the mining plan;50(b) in every case where a part or all of the security deposit has been forfeited, the licensee or the lessee, as the case may be, shall furnish security to make up the deficiency before recommencing the operations under the licence or lease, as the case may be;5(c) without prejudice to the provisions contained in clauses (a) and (b), the state government may also issue notice directing a person who fails to conduct reconnaissance or high technology reconnaissance-cum-exploration or prospecting or mining operations in accordance with the reconnaissance plan or an exploration plan or a prospecting or a mining plan, to show cause, and after giving him an opportunity of being heard, by an order, declare him to be ineligible for consideration for any mineral concession in accordance with the provisions of sub-section (3) of section 20 or sub-section (3) of section 22, as the case may be, for such period as it may specify, not exceeding five years, having regard to the circumstances;10 15(d) where at the expiry of a non-exclusive reconnaissance licence, hightechnology reconnaissance-cum-exploration licence or prospecting licence, the licensee fails to comply with the conditions of the licence, the state government may, within a period of six months from the date of expiry of the licence, or the time given for fulfilment of the conditions, whichever is later, issue a notice asking him to show cause, and after giving him an opportunity of being heard, by an order, forfeit all or any part of the security deposit and may declare him to be ineligible for consideration for any mineral concession in accordance with the provisions of sub-section (3) of section 20 or sub-section (3) of section 22, as the case may be, for such period, as itmay specify, not exceeding five years, having regard to the circumstances;(e) orders under this sub-section shall be made by the state government,—20(i) in respect of any major mineral where the indian bureau of mines hasapproved the mining plan and mine closure plans, after consultation with the indian bureau of mines on technical issues pertaining to such mining plan and mine closure plan; and25(ii) in case of coal minerals, atomic minerals and beach sand minerals, inconsultation with the central government:30provided that in case the indian bureau of mines or the central government, as the case may be, does not express any opinion within a period of three months, the state government may presume the concurrence of the indian bureau of mines or the central government, as the case may be35(2) in respect of any mineral concession relating to a land where the minerals vest with a private person, and the operations are not conducted in accordance with the reconnaissance, prospecting or mining plan, as the case may be, the state government may, in the interest of mineral conservation and development, after giving such private person an opportunity of being heard, issue a direction to him to suspend, curtail or revoke the mineral concession and take any other action in accordance with the terms and conditions thereof as may be specified in such direction40notification of certain areas for grant of mineral concessions13 (1) in respect of any land where the minerals vest in the government, the state government shall, by notification, invite applications in the form of competitive offers for any mineral except coal minerals for grant of a prospecting licence over any area where reconnaissance has been conducted and sufficient evidence of enhanced mineralisation of the specified minerals has been established:provided that no application for a high technology reconnaissance-cum-exploration licence is pending relating to such area:45provided further that no such notification shall be issued, in respect of an area inwhich reconnaissance or exploration or prospecting operations were completed under a licence, till the lapse of the period of six months from the date of the expiry of the licence, unless the area has been relinquished:50provided also that in case where no application is received on an area notified underthis sub-section, the state government shall within a period of three months from the date of the said notification either re-notify the area or notify it as being available for grant of mineral concession under section 225(2) where an application or applications for grant of prospecting licence has been filed on an area and the state government has not issued any notification, the state government may notify such area or areas within a period of one month from the date of receipt of the first application by amalgamating or expanding all or any of the applied areas, if required, in the interest of scientific mining, and the state government may invite applications in the form of competitive offers for any mineral, except coal and atomic minerals for grant of a prospecting licence:provided that the area so notified shall not include any area for which there has been or is an application pending for more than one month prior on the date of the notification:10 15provided further that where the state government has notified an area, it shall provide an opportunity to an applicant who filed an application prior to such notification within a period of one month from the date of the provisional determination of the best offer for the purposes of sub-section (4) and to submit a competitive offer in terms of the said notification after being informed of the details of the best offer received by the state government subsequent to the said notification of the area, and the state government shall consider the applications in accordance with the provisions of sub-section (4) and grant the licence to the best overall offer:20provided also that only those applicants who had applied suo motu without any notification of such area by the state government shall be afforded an opportunity to submit a competitive offer under the second proviso, and any such offer shall be limited in respect of only the area notified irrespective of the areas for which such applicant had applied earlier:25provided also that where the state government fails to notify the area within the specified period under this sub-section, the applications for grant of prospecting licence shall be considered in accordance with the provisions of section 22(3) a notification issued under sub-sections (1) and (2) may specify that any application received shall be considered with reference to such criteria including all or any one of the following as per weightages assigned, as may be specified in the notification, namely:—30(a) specific knowledge and experience of prospecting possessed or accessed by the applicant;(b) nature and quality of technical resources proposed to be employed;(c) value addition such as mineral processing and beneficiation;(d) end use including industries based on the mineral;35(e) provision of ore-linkage through long-term agreements with domestic industry;(f) in the case of prospecting for iron ore, bauxite and limestone, having finished products production capacity at the time of commencement of this act and captive ore resources which are likely to be exhausted in the near future; and40(g) a financial bid quoted either as a lump sum recoverable in instalments at the time of mining or a percentage of royalty or a profit sharing of mineral production explanation—for the purposes of this sub-section,—(i) the financial bid shall offer the state government to recover a value,—45(a) for its efforts in managing information relating to survey or regional exploration work including computer databases and samples for minerals; and(b) for the mineral on the basis of market consideration to be based on a floor price set by the state government on the available reconnaissance data; (ii) the weightage shall be numerical in character and enable a composite ranking based on numerical marks assigned for each of the criteria listed in the notification in order to determine the best offer5(4) the applications received in accordance with the conditions specified in thenotification issued under sub-sections (1), (2) and (3) shall be considered in accordancewith such criteria and weightage as specified in the notification, and the eligible applicant obtaining the best marks as per weightages, be granted the prospecting licence in accordance with the rules made under this act:10provided that the licence may include special conditions under which a mining leaseshall be granted on an application made under sub-section (3) of section 25, includingrestrictions arising from requirements of value-addition or ore-linkage or restrictions on sale of ore in the case of captive resources15(5) in such areas where prospecting has been conducted and sufficient evidence ofenhanced mineralisation has been established through a prospecting report and feasibility study, and where no application for a mining lease is pending, the state government shall by notification invite applications in the form of competitive bids for any minerals excepting coal minerals, for grant of mining lease, to the bidder who in accordance with the provisions of sub-section (6) quotes the best financial bid including the bid for the prospecting reportand feasibility study for the area so notified:20provided that no such notification shall be issued, in respect of an area in whichprospecting operations were completed under a licence, until the lapse of the period of six months from the date of expiry of the licence unless the area has been relinquished:provided further that before issuing the notification under this sub-section in respect of any forest or wildlife area, the state government shall obtain, —2569 of 1980 53 of 1972(i) all forest clearances under the forest (conservation) act, 1980 and wildlifeclearance under the wild life (protection) act, 1972, or any other law for the time being in force, so as to enable the commencement of operations; and(ii) all necessary permissions from the owners of the land and those having occupation rights explanation—for the purposes of this sub-section,—30(i) the financial bid shall offer the state government either as a lump sum, recoverable in instalments or a percentage of royalty or a profit sharing, as may be specified in the notification, and the purpose of the financial bid for the prospecting report and feasibility study is to allow the state governments to recover a value,—35(a) for its efforts in acquiring and managing information through detailedsurvey, exploration, feasibility studies, including computer databases, and cores and samples, computer databases and samples for minerals; and(b) for the mineral on the basis of market consideration to be based on afloor price set by the state government on the available prospecting data;40(ii) the expression "forest clearance" shall comprise conditional clearance onthe basis of the recommendations of the committee constituted for the purpose(6) a notification issued under sub-section (5) may specify that bids received shall be considered with reference to such criteria including all or any one or more of the following, as per weightages assigned, as may be specified in such notification, namely:—45(a) special knowledge and appropriate experience in scientific mining and mineralbeneficiation;(b) bringing new and advanced technologies; (c) investments in value addition such as mineral processing and beneficiation;50(d) having industrial capacity based on the mineral or having set up industrybased on the mineral, and achieved financial closure for such project;(e) providing ore-linkage through long-term agreements with domestic industry;5(f) constructing transportation networks (road and rail) and other infrastructure facilities in the mineral bearing area;(g) in the case of iron ore, bauxite and limestone, having finished products production capacity at the time of commencement of this act and captive ore resources which are likely to be exhausted in the near future; and10(h) financial bid including the bid for the prospecting report and feasibility study for the area so notified explanation—for the purposes of determination of best bid, the weightage shall be numerical in character and enable a composite ranking based on bid price and numerical marks assigned for each of criteria specified in the notification15(7) the bids received under sub-section (5) shall be evaluated in the prescribed manner and the best eligible bid shall be issued the letter of intent for awarding the mining lease after obtaining all necessary statutory approvals and clearances, on such conditions as may be specified having regard to the criteria stated in the notification issued under sub-section (6) and the response thereto(8) in respect of atomic minerals and beach sand minerals, notification inviting applications and grant of the mineral concession shall be made with the prior approval of the central government20 25(9) in respect of coal minerals, notification for inviting and grant of mineral concessions shall be made by the central government in such manner as may be prescribed by it(10) notwithstanding anything contained in this section, notification of an area for inviting applications in respect of public lands in areas covered by the fifth schedule or the sixth schedule to the constitution, shall be issued after consultation with the gram sabhas or district councils, as the case may be, and in respect of non-scheduled areas, after consultation with the district panchayat30 35(11) the state government shall invite and entertain applications for grant of prospecting licence in an area relinquished by a holder of a high technology reconnaissancecum-exploration licence or a prospecting licence only after such area is notified by the state government for inviting applications for grant of prospecting licence under the provisions of sub-section (1) of section 13 or notified as being available for grant of concessions for the purpose of section 22:provided that if the state government fails to notify such relinquished area within three months of such relinquishment, any person interested may apply to the state government and in case it fails to notify the area within a further period of three months, the applicant may apply to the national mining tribunal in case of major minerals and state mining tribunal in case of minor minerals for notification of that area and the concerned tribunal may direct the state government to notify the area within such period as it may specify40 45(12) the procedure for notifying an area for inviting applications for major minerals and grant of mineral concessions shall be such as may be prescribed by the central government(13) in respect of minor minerals, notwithstanding anything in this section, the procedure for notification and grant of mineral concessions shall be such as may be prescribed by the state government:50provided that before granting mineral concession for minor minerals in an area covered by the fifth schedule or the sixth schedule to the constitution, the gram sabha or the district council, as the case may be, shall be consulted14 (1) in respect of any lands where the minerals vest in the government, the state government shall dispose off the applications for grant of non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence or time limit for disposal of applications for grant of mineral concessions510 15202530 35 4045 50prospecting licence within the following period reckoned from the date of receipt of applications, namely:—(a) within a period of three months in respect of non-exclusive reconnaissance licence;(b) within a period of four months in respect of high technology reconnaissance exploration licence and prospecting licence explanation—for the purposes of this clause, where applications for prospecting licence are received in response to a notification under sub-section (1) or sub-section (2) or sub-section (4) of section 13, the time period for disposal shall be reckoned from the last date notified for receipt of applications(2) the state government shall dispose of the applications for grant of mining lease in the following manner and within the time limit specified hereunder, namely:—(a) a letter of intent or recommendation to the central government for giving prior approval if required, shall be issued within a period of four months,—(i) from the opening of bids in respect of applications received under section 13; or(ii) from the date of application in respect of application received under section 25; and (b) the mining lease shall be executed within three months of intimation by means of a written communication by the applicant holding the letter of intent of his having obtained all clearances and approvals specified in the letter of intent (3) in any matter requiring the prior approval of the central government, the matter shall be disposed off by the central government, within a period of three months from the date of receipt of proposal from the state government, and the state government shall issue a letter of intent within a period of one month from the date of such approval by the central government(4) where any application or written communication is deficient in information or documentation, the state government shall, by notice issued within sixty days of receipt thereof, require the applicant to supply the omission within such period as may be specified having regard to the nature of the document or information, but not being a period of less than fifteen days and not more than sixty days, and such period is excluded from the time limits specified in sub-sections (1) and (2)(5) where an applicant for mineral concession fails to furnish documents and information as required under sub-section (4) for processing the application or written communication, the state government after issuing a notice to show cause and giving him an opportunity of being heard, may by order forfeit the earnest money and reject his application for grant of mineral concession(6) where an application is not disposed off within the limit specified in sub-section(1), (2) or (3) subject to the provisions of sub-section (4), the applicant may apply to the national mining tribunal in the case of major minerals and the state mining tribunal in case of minor minerals, for a direction to the central government or state government, as the case may be, to dispose of the application within such reasonable period as may be specified by the national mining tribunal or the state mining tribunal, as the case may be15 on issue of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or mining lease under this act, it shall be lawful for the holder of such licence or lease, his agents or his servants or workmen to enter the lands over which such licence or lease had been granted at all times during its currency and carry out all such reconnaissance, prospecting or mining operations as permitted:provided that no person shall enter into any building or upon an enclosed court or garden attached to a dwelling-house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of his intention to do sorights of a holder of nonexclusive reconnaissance licence, high technology reconnaissancecumexploration licence or prospecting licence or mining lease16 the provisions of this act and the rules made thereunder shall apply in relation to the extension after the commencement of this act of any prospecting licence or mining lease granted before such commencement as they apply in relation to the extension of a prospecting licence or mining lease granted after such commencementact and rules to apply to all extension of mineral concessions51017 (1) a holder of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence or prospecting licence may, except in the case of coal minerals, atomic minerals and beach sand minerals, after the expiry of a notice of not less than ninety days to the state government concerned, transfer his licence to any person eligible to hold such licence in accordance with the provisions of this act and the rules made thereunder:transfer of nonexclusive reconnaissance licence, high technology reconnaissancecumexploration licence and prospecting licence15provided that the holder of a prospecting licence, granted prior to the commencement of this act and valid under the provisions of this act, may after giving a notice of not less than ninety days to the state government concerned, transfer his prospecting licence only to a person holding a prospecting licence or mining lease in the adjoining area, and any transfer in contravention of this proviso shall be void:provided further that the original licensee shall intimate to the state government the consideration payable or paid by the successor-in-interest for the transfer, including the consideration in respect of the reconnaissance or prospecting operations already undertaken and the reports and data generated during the operations:20provided also that no such transfer shall take place if the state government, within the period specified in the notice for reasons to be communicated in writing, disapproves the transfer on the grounds that the transferee is not eligible as per the provisions of the act25(2) a non-exclusive reconnaissance licence or high technology reconnaissance-cumexploration licence or prospecting licence in respect of coal minerals, atomic minerals and beach sand minerals shall be transferred only with the prior approval of the central government(3) on transfer of the licence, all rights and liabilities of, and under, the licence shall be transferred to the successor-in-interest30(4) subject to the provisions of sub-section (1), the holder of a licence may transfer his rights and liabilities within a period of six months after the expiry of the mineral concession period to a person eligible under this act to hold a licence35(5) on transfer of rights and liabilities, the successor-in-interest shall be entitled to consideration in terms of section 22 or section 25, as the case may be, as if he was the original holder of the mineral concession(6) the state government may charge such fees for transfer of the mineral concession as may be prescribed by the central government40(7) nothing contained in this section shall be deemed to enable a holder of a nonexclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence or a prospecting licence, in respect of land where the minerals vest in a private person, to transfer such licence other than in accordance with the terms and conditions of the mineral concession agreementtransfer of a mining lease4518 (1) the holder of a mining lease shall not, without the previous approval in writing of the state government, and in the case of coal minerals, atomic minerals and beach sand minerals, the previous approval in writing of the central government,—| ( | a | ) assign, sublet, mortgage, or in any other manner, transfer the mining lease, ||------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| or any right, title or interest therein; or | | || 50 | | || ( | b | ) enter into or make any arrangement, contract, or understanding whereby the || lessee may be directly or indirectly financed to a substantial extent by, or under which | | || the lessee's operations or undertakings may be substantially controlled by any person | | || or body of persons other than the lessee: | | |provided that where the mortgagee is an institution or a bank or a corporation notified for the purpose by the central government under this act, it shall not be necessary for the lessee to obtain any such approval of the state government510(2) where a holder of a mining lease has filed an application to the state governmentfor approval of transfer of a mining lease and the state government, having regard to the prospecting report if any, and approved mining plan and mining schemes and other related documents filed by the mining lease holder, is of the opinion that the amount of consideration between the transferor and the transferee is not adequate, it may issue a notification in such manner as may be prescribed by the state government, inviting competitive financial bids, within one month of filing of the application for transfer, giving a last date, which shall not be more than thirty days from the date of notification, from the interested persons eligible under this act, to submit their financial bids for the mining lease sought to be transferred15(3) in all cases where the notification has been issued by the state government under sub-section (2), it shall complete the evaluation of bids within a period of one month from the last date specified in the notification and,—(a) permit the holder of mining lease to transfer the lease to the transferee at theamount of consideration stated in the application if the bid amount of the highest eligible bidder is not greater by twenty per cent than the amount of such consideration stated in application; or2025(b) direct the holder of mining lease to transfer the lease to the highest eligiblebidder if the bid is higher than the consideration by more than twenty per cent, and the highest eligible bidder shall pay to such holder of mining lease, a sum equal to the amount of consideration stated in the application for transfer along with an additionalamount equal to twenty per cent thereof, and the remaining amount of bid shall be paid to the state government in such manner as may be prescribed by the central government:67 of 195730provided that in all cases of applications for transfer of a mining lease granted by the state government prior to the commencement of this act under the provisions of sub-section (5) of section 11 of the mines and minerals (development and regulation) act, 1957, as it stood before its repeal, the state government may collect an additional fee, as may be prescribed by the central government, for such transfer:provided further that in case the state government fails to complete the process of inviting competitive offers referred to in sub-section (2) within the period specified therein without any sufficient and adequate reasons for such failure, the holder of the mining lease may apply to the national mining tribunal for appropriate directions in this regard35explanation—for the purposes of this sub-section, the highest eligible bidder shall be a person who gave the highest bid and is eligible to be granted the mining lease on the day of the determination of the bids40(4) the state government or the central government, as the case may be, shall not give its approval to transfer of a mining lease unless the transferee has accepted all the conditions and liabilities under any law for the time being in force to which the transferor was subject to in respect of such mining lease45(5) no transfer of a mining lease shall be made to a person not eligible under this act to hold the lease and no transfer be made by a person in contravention of the condition of, and subject to which the lease was granted(6) an application for transfer of mining lease shall,—(a) state the reason for the transfer; (b) state the consideration for the transfer;50(c) have attached to it, an agreement between the holder of mining lease whohas applied for transfer of mining lease and the transferee setting out the terms and conditions of the offer and acceptance, with a validity period of at least a period of six months from the date of application;67 of 1957(d) state whether the mining lease had been granted prior to the commencement of this act under the provisions of sub-section (5) of section 11 of the mines and minerals (development and regulation) act, 1957, as it stood before its repeal; and(e) give such other particulars as may prescribed by the central government5(7) no transfer of a mining lease shall be permitted, if,—(a) it leads to fragmentation or unscientific mining; (b) it is not in the interest of mineral development; and (c) it is against the national interest10(8) where the mining lease is in respect of land where the minerals vest in a private person, no transfer shall be permitted except in accordance with the terms and conditions of the mineral concession agreement in regard to the consent of such person(9) the state government may charge fees for the transfer of the mining lease in case of a major mineral as may be prescribed by the central government and in case of minor minerals, as may be prescribed by the state government15(10) the central government and the state government shall take into acount the consideration payable by the transferee to the transferor while prescribing the fee under sub-section (9) chapter iii non-exclusive reconnaissance licence2019 (1) in respect of every non- exclusive reconnaissance licence granted for major and minor minerals under this act and the rules made thereunder, the licence holder shall,—conditions of non-exclusive reconnaissance licence(a) progressively relinquish the area granted under the licence as shall be specified in accordance with the provisions of this act and the rules made thereunder;25(b) file a reconnaissance plan in case of major minerals other than coal minerals with the geological survey of india, the indian bureau of mines, and the state directorate, and in case of coal minerals with the central government, and in case of minor minerals with the state directorate concerned in such manner as may be prescribed by the central government, which shall include,—30(i) the particulars of the area such as aerial extent, in terms of latitude and longitude;(ii) the scale of the plan and the area of geological mapping; (iii) the particulars of the machines and instruments to be used, and the nature of the data proposed to be collected;(iv) a quarterly plan of operations; and35(v) the quarterly detailed projection of expenditure on the operations:40provided that in respect of minerals other than coal minerals, atomic minerals and beach sand minerals, with the prior approval of the state directorate and in case of coal minerals, atomic minerals, beach sand minerals with the prior approval of the central government, the licence holder may modify the plan of operations or the state directorate or the central government, as the case may be, may direct the licensee to modify his plan of operations, if it appears that ground operations proposed may be in conflict with the ground operations of another licensee who has already filed his plan45explanation— for the purposes of this clause, the quarterly plan of operations shall be prepared so as to exclude overlapping of ground operation of the non-exclusive reconnaissance licence holders who have already filed the plan of operations for the area;(c) make available all data including all the aerial, photo-geological, geophysical, geochemical and such other data collected by him to the geological survey of india, the state directorate and in case of coal minerals, atomic minerals, beach sand minerals510 15 202530 35 4045 50to the central government, in such manner and within such intervals as may be prescribed by the central government;(d) in case radiometric instruments are used, make available all radiometric data available to the atomic minerals directorate;(e) maintain detailed and accurate accounts of all the expenses incurred by him on the non-exclusive reconnaissance operations;(f) submit reports to the geological survey of india, the indian bureau of mines, the state directorate and in case of coal minerals, atomic minerals, beach sand minerals to the central government, in such manner and within such intervals as may be prescribed by it and while submitting reports, the licence holder may specify that the whole or any part of the report or data submitted by him shall be kept confidential; and the geological survey of india, the indian bureau of mines, the state directorate, and in case of coal minerals, the central government, thereupon shall, keep the specified portions as confidential for a period of six months from the expiry of the licence, or abandonment of operations or termination of the licence, whichever is earlier;(g) allow every officer authorised by the central government or the state government as the case may be, in case of major minerals and the state governments in case of minor minerals, to examine the accounts maintained;(h) furnish to the geological survey of india, the indian bureau of mines, and the state directorate in case of major minerals, in case of coal minerals, atomic minerals, beach sand minerals to the central government, and in case of minor minerals to the state directorate concerned, such information and returns as may be required in relation to the reconnaissance operations;(i) allow any officer authorised by the geological survey of india or the state directorate in case of major minerals and the officers of state directorate in the case of minor minerals to inspect any reconnaissance operations carried on by the licence holder;(j) pay to the state government in respect of land in which minerals vest in the government, and to the person in whom the minerals vests in other cases, a licence fee as may be notified by the central government, being an amount of not less than fifty rupees per square kilometre per year and not more than five hundred rupees per square kilometre per year or part thereof:provided that the central government may, by a notification, specify different rates for each successive years;(k) obtain clearance from the ministry of defence in the central government, in case any defence establishments lies in the area proposed for exploration;(l) comply with such other conditions as may be prescribed by the central government (2) the non-exclusive reconnaissance licence may contain such other general conditions as may be prescribed in the interest of public safety or national security by the central government which, inter alia, may include the condition that a representative of the directorate general, the civil aviation or the ministry of defence shall be present during the aerial surveys(3) the central government, in case of coal minerals, and the indian bureau of mines in case of other major minerals, may issue direction to a non-exclusive reconnaissance licence holder to ensure compliance with the conditions of the licence and the licence holder shall be bound to comply with such directions(4) the licence holder shall before starting operations, deposit as security an amount equal to the licence fee levied for the first year and in case of breach of any condition imposed on a holder of a non-exclusive reconnaissance licence by or under this act, the state government may by order in writing, suspend, curtail or revoke the licence, and may forfeit in whole or in part, the amount deposited by the licence holder as security:provided that no such order shall be made without issuing a notice to the licence holder to show cause and giving him a reasonable opportunity of being heard:5provided also that in case of land in which the minerals vest in a person other than the government, the state government shall give such person an opportunity of being heard and may issue directions to him to suspend, curtail or revoke the mineral concession or forfeit the security in accordance with the terms and conditions of the mineral concession agreement10(5) in every case where a part or all of the security deposit has been forfeited, the licensee, shall furnish security deposit to make up the deficiency before recommencing operations under the licence(6) any amount deposited as security deposit in accordance with the provisions of sub-section (3) shall unless forfeited, be returned to the licencee at the end of the six month period following the expiry or termination of the licence:15provided that in case the return of the security or such part thereof as may be payable takes place more than thirty days after the expiry of the six months period, a simple interest at the rate of six per cent per annum shall be payable for the period beyond thirty days2020 (1) an application for grant of a non-exclusive reconnaissance licence in respect of any land in which the minerals vest in the government shall be made to the state government concerned in such form and manner, alongwith such application fee and earnest money as may be prescribed by the central governmentprocedure for grant of nonexclusive reconnaissance licence(2) the state government shall acknowledge the receipt of the applications and cause them to be registered in such manner as may be prescribed by the central government in a register that shall be open to inspection by the public25(3) the state government shall grant the non- exclusive reconnaissance licence to every applicant who is eligible in accordance with the provisions of this act and the rules made thereunder(4) in all cases where the state government refuses an application, it shall communicate the reasons therefor:provided that no application shall be refused,—30(a) without communicating the grounds and giving the applicant an opportunity to represent within a reasonable period of not less than thirty days; and(b) on grounds of incompleteness of material particulars without requiring the applicant to supply the requisite documents or information35(5) grant of every non-exclusive reconnaissance licence shall be notified in the official gazette, and in the official website by the state government chapter iv high technology reconnaissance-cum-exploration licence and prospecting licence4021 (1) in respect of every high technology reconnaissance cum exploration licence granted for major minerals and prospecting licence granted for major minerals and minor minerals under this act and the rules made thereunder, the licence holder shall,—(a) progressively relinquish the area granted under the licence as shall be specified in accordance with the provisions of the act and the rules made thereunderconditions of a high technology reconnaissance-cumexploration licence and prospecting licence45(b) prepare and file an exploration plan in respect of a high technology reconnaissance-cum-exploration licence or a prospecting plan in case of a prospecting licence with the geological survey of india, the indian bureau of mines and the state directorate in respect of major minerals (other than coal minerals) and in case of coal minerals with the central government, and the state directorate in the case of minor minerals including such particulars and, in such manner as may be prescribed by the central government, which shall include,—(i) the particulars of the area being prospected; (ii) the scale of the plan and the area of geological mapping; (iii) a six monthly plan of operations including—5(a) the number of pits, trenches, and bore holes which he proposesto put in the area;(b) the number of samples proposed to be drawn and analysed; (c) the particulars of the machines to be used;10(d) the details of exploratory mining if any, proposed to beundertaken;(e) the beneficiation studies proposed to be undertaken(iv) appropriate baseline information of prevailing environmentalconditions before the beginning of reconnaissance or prospecting operations;15 20(v) steps proposed to be taken for protection of environment which shallinclude prevention and control of air and water pollution, progressive reclamation and rehabilitation of the land disturbed by the prospecting operations, a scheme for the plantation of trees, restoration of local flora and water regimes and such other measures, as may be directed from time to time by the indian bureau of mines or the state directorate as the case may be for minimizing the adverse effect of prospecting operations on the environment;(vi) the details of the six monthly expenditure to be incurred on the operations;25(vii) any other matter relevant for scientific prospecting, as directed by the indian bureau of mines or the state directorate, as the case may be, from time to time by a general or specific order:provided that the exploration plan shall be filed with the geological survey of india in respect of high technology reconnaissance cum exploration licence, in such manner as may be notified by the geological survey of india from time to time;30(c) carry out the reconnaissance or prospecting operations in accordance with the exploration plan or prospecting plan submitted by him, with such modifications, if any, as directed by the indian bureau of mines or the state directorate and in case of coal minerals the central government, as the case may be:35provided that where the licencee proposes to conduct reconnaissance or prospecting operations in a manner at variance with the plan already submitted, he shall prepare and file a revised or supplementary exploration plan or prospecting plan in such manner as may be prescribed by the central government;40(d) make available all data collected by him during prospecting operations to the geological survey of india, indian bureau of mines and the state directorate, in case of coal minerals to the central government, and in case of atomic minerals, to the atomic minerals directorate in such manner as may be prescribed by the central government:45provided that such data shall be made available to the geological survey ofindia in respect of high technology reconnaissance cum exploration licence, to such an extent as may be notified by the geological survey of india from time to time;(e) maintain complete and correct accounts of all the expenses incurred by himduring the reconnaissance or prospecting operations;(f) submit a report on progress of operations under the exploration plan or prospecting plan to the indian bureau of mines and the state directorate and in case of coal minerals to the central government, in such manner and intervals as may be prescribed by the central government;5(g) pay to the state government in respect of any land in which the minerals vest with it, and to the person in whom the minerals vest in other case such licence fee, as may be notified by the central government, being an amount not exceeding rupees fifty per hectare of land covered by the licence for each year or part of a year of the period for which the licence is granted or extended:provided that the notification of the central government may specify a rate that may be different for each of the successive years;10(h) within a period of three months after the determination of the licence or the date of abandonment of the prospecting operations, whichever is earlier, securely plug all bores and fill up or fence all excavations in the land covered by the licence:15provided that if in any part of the area the licencee receives a letter of intent for grant of mining lease within this period he may carry out such amount of work as may be consistent with the mining operations under such lease;20(i) in case the minerals vest in the government, report to the state directorate the discovery of any major mineral not specified in the licence within a period of sixty days from the date of such discovery and consequent upon such reporting, such newly discovered minerals (except coal minerals, atomic minerals and beach sand minerals) are deemed to have been included in the high technology reconnaissancecum-exploration licence or prospecting licence, as the case may be:provided that in case of high technology reconnaissance-cum-exploration licence, only major minerals (other than iron ore, bauxite, limestone, coal minerals or other bulk minerals) shall be included in the licence;25 30(j) take immediate measures, in such manner as may be prescribed by the central government, to restore, as far as possible and at least to the extent given in the exploration plan or prospecting plan, the areas in which prospecting operations have been conducted, including replacement of soil cover, removal of contaminants and pollutants introduced during prospecting operations, restoration of local flora and water regimes in such manner as may be prescribed by the central government;(k) pay to the person holding occupation rights of the surface of the land such compensation as may be notified;(l) obtain clearance from the central government in the ministry of defence, in case the defence establishments are situated in the area proposed for exploration;35(m) comply with such other conditions as may be prescribed by the central government (2) a high technology reconnaissance cum exploration licence or a prospecting licence may contain such other general conditions which are as follows, namely:—40(a) compensation for damage to land in respect of which the licence has beengranted;(b) indemnity to government against the claims of a third party for any damage,injury or disturbance caused to him by the licensee;(c) restrictions regarding felling of trees on occupied and unreserved governmentland;45(d) restrictions on reconnaissance or prospecting operations in any areaprohibited by any competent authority;(e) operations in a reserved or protected forest;50(f) entry on occupied land; (g) facilities to be given by the licencee for working other minerals in the licenced area or adjacent areas; and510 15 202530 35procedure for grant of hightechnology reconnaissance-cumexploration licence and prospecting licence4045 50(h) filing of civil suits or petitions relating to disputes arising out of the area under the high technology reconnaissance-cum-exploration licence or a prospecting licence (3) the central government in case of coal minerals, and indian bureau of mines in case of other major minerals, or the state directorate may issue directions to a holder of a high technology reconnaissance-cum-exploration licence or a prospecting licence to ensure compliance with the conditions of the licence and the licence holder shall comply with such directions(4) before grant of a high technology reconnaissance-cum-exploration licence or a prospecting licence, as the case may be, the applicant shall deposit a sum equal to the licence fee for the first year as security and in case of breach of any condition imposed on any holder of a high technology reconnaissance-cum-exploration licence or a prospecting licence, as the case may be, by or under this act, the state government may, by order in writing, suspend, curtail or cancel the licence and may forfeit, in whole or part, the amount deposited by the licensee:provided that no such order shall be made without issuing a notice to the licensee to show cause and giving him a reasonable opportunity of being heard:provided further that in case of land in which the minerals vest in a private person, the state government shall afford such person an opportunity of being heard and may issue directions to him to suspend, curtail or revoke the mineral concession or forfeit the security in accordance with the terms and conditions thereof(5) in every case where a part or all of the security deposit has been forfeited, the licensee shall furnish security to make up the deficiency before recommencing operations under the licence(6) any amount deposited as security, in accordance with the provisions of subsection (4), shall unless forfeited, be returned to the licensee at the end of six months after the expiry or termination of the licence, as the case may be:provided that in case the return of the security or such part thereof as may be payable takes place more than thirty days after the expiry of the said period of six months, a simple interest at the rate of six per cent per annum shall be payable by the state government for the period beyond thirty days22 (1) applications for grant of a high technology reconnaissance-cum-exploration licence or prospecting licence in respect of any land in which minerals vest in the government shall be made to the state government concerned in such form and manner, alongwith such application fee and earnest money as may be prescribed by the central government(2) the state government shall acknowledge the receipt of the application and the same shall be recorded in a register in such manner, as may be prescribed by the central government, which shall be open to public for inspection in such manner as may be specified by it(3) the state government shall consider only such applications as are eligible in accordance with the provisions of this act and the rules made thereunder and refuse all ineligible applications for reasons to be communicated to the applicants:provided that the applications received later to the first eligible application in respect of an area shall not be considered till disposal of all applications received earlier and communication to the applicants of the reasons for the disposal:provided further that in case of grant of prospecting licence, such applications shall also be subject to the provisions of sub-section (7)(4) except in the case of applications for prospecting licences received in response to a notification under sub-section (1) of section 13 of this act, the state government shall grant the high technology reconnaissance-cum-exploration licence or prospecting licence in respect of the land to the first applicant eligible under this act and the rules made thereunder and all other applicants be deemed to have been refused to the extent of the area granted to the first applicant:provided that in case of prospecting licence, such applications shall also be subject to the provisions of sub-section (7)(5) in all cases where the state government refuses an application and proceeds to consider a subsequent application, it shall communicate the reasons therefor:5provided that no application shall be refused,—(a) without communicating the grounds and giving the applicant an opportunity to represent within a reasonable period of not less than thirty days; and(b) on grounds of incomplete material particulars in the application, without requiring the applicant to supply the requisite documents or information10(6) in case of grant of prospecting licence, the application shall not be refused on the ground that other applications have been received for grant of non-exclusive reconnaissance licence or high technology reconnaissance cum exploration licence in the area applied1520(7) in case of grant of prospecting licence, the application of a person eligible under this act, made within six months of completion of reconnaissance operations under a nonexclusive reconnaissance licence held by him or held by his predecessor-in-interest has the first right to the exclusion of other applications notwithstanding anything in sub-sections (3) and (4) to the contrary and where there is more than one such application for the same land, the application received later shall not be considered till disposal of all applications received earlier and communication of reasons for the disposal, and the state government shall grant the licence to the earliest applicant eligible for the licenceexplanation— for the purposes of this sub-section, the person who intends to invest in reconnaissance operations, directly or by acquiring the reconnaissance data shall have the legitimate expectation that his investment will enable him to acquire prospecting rights to the exclusion of a person who makes no such investment25(8) grant of every high technology reconnaissance cum exploration licence or a prospecting licence shall be notified in the official gazette and in the official website of the state government30 3523 (1) where a reconnaissance or prospecting operation in respect of lands in which minerals vest in the government is to be undertaken by the geological survey of india, the atomic minerals directorate, the state directorate, the mineral exploration corporation limited, the singareni collieries limited or the neyveli lignite corporation limited, the central mine planning and design institute limited or such other agencies as may be notified in this behalf under section 4, the state government shall issue a notification giving details of the area, and the period for which the reconnaissance or the prospecting operations are to be undertaken:issue of notification where prospecting operations are to be undertaken by the geological survey of india, etcprovided that such period shall not be for more than six years40(2) the agency undertaking prospecting operation shall make a report for every six months of its progress of reconnaissance or prospecting in such manner as may be prescribed by the central government, and submit the reconnaissance or prospecting report and the geological study, pre-feasibility study or feasibility study, as the case may be, to the state government at the end of the reconnaissance or prospecting operations in such manner and such terms and conditions as may be prescribed by the central government45(3) the state government may revoke a notification issued under sub-section (1), if the reconnaissance or prospecting operations have been completed before the expiry of the period stated in the notification50(4) the state government shall not entertain any application for grant of any nonexclusive reconnaissance licence or high technology reconnaissance cum exploration licence or prospecting licence or mining lease to any person for an area or part thereof in relation to which a notification has been issued under sub-section (1), for the period that the notification is in operation, and such application is deemed never to have been made chapter v mining leaseconditions of a mining lease24 (1) every mining lease for a major mineral or a minor mineral shall be subject to the fulfilment of the following conditions, namely:—5(a) all mining operations shall be in accordance with a mining plan prepared inaccordance with the provisions of this act or the rules made thereunder;(b) the lessee shall report to the state government, the discovery of any mineralin the leased area not specified in the lease for which rights vest in the government, within a period of sixty days of such discovery;10(c) if any mineral not specified in the lease is discovered in the leased area, thelessee shall not win and dispose of such mineral unless such mineral is included in the lease or a separate lease is obtained therefor;15(d) the lessee shall pay to the state government in case of land in which mineralsvest in the state government and to the person in whom the minerals vest in other cases, for every year or part thereof, except the first year of the lease, yearly dead rent at the rate specified in the third schedule of the act subject to the provisions of section 42 of this act:20provided that if the lease relates to the working of more than one mineral in thesame area, the state government or the person in whom the minerals vest in other cases, as the case may be, shall not charge separate dead rent in respect of each mineral :provided further that the lessee shall be liable to pay the dead rent or royalty in respect of each mineral whichever is higher in amount but not both;25(e) the lessee shall also pay, for the surface area used by him for the purposesof mining operations, surface rent and water rate at such rate, as may be prescribed by the state government;(f) the lessee shall furnish the following in such manner and in such period asmay be prescribed by the central government, namely:—30(i) all geological, geochemical and geophysical and hydrological datarelating to the leased area collected by him during the course of operations to the indian bureau of mines and the state directorate and in case of coal minerals to the central government;(ii) all information pertaining to investigations of atomic minerals collectedby him during the course of mining operations to the atomic minerals directorate;35(g) the lessee shall commence mining operations within a period of two yearsfrom the date of execution of the lease deed and thereafter conduct such operations in a scientific, skillful and workman-like mannerexplanation—for the purpose of this clause, mining operations shall include the erection of machinery, laying of a tramway or construction of a road in connection with the working of the mine;40(h) the lessee shall,—(i) at his own expense, erect and at all times maintain and repair boundary marks and pillars necessary to indicate the demarcation shown in the plan annexed to the lease;45 50(ii) not carry on, or allow to be carried on, any mining operations at anypoint within a distance of fifty metres from any railway line, except under and in accordance with the written permission of the railway administration concerned or under or beneath any ropeway or ropeway trestle or station, except under and in accordance with the written permission of the authority owning the ropeway or from any reservoir, canal or other public works, or buildings, except under and in accordance with the previous permission of the state government;5(iii) strengthen and support, to the satisfaction of the railway administration concerned or the state government, as the case may be, any part of the mine which in its opinion requires such strengthening or support for the safety of any railway, reservoir, canal, roads or any other public works or buildings;10(i) the lessee shall keep accurate and correct accounts showing the quantity and other particulars of all minerals obtained and dispatched from the mine, the number and nationality of the persons employed therein, and complete plans of the mine, and allow any officer authorised by the central government or the state government, as the case may be in this behalf, by general or special order, to examine at any time any accounts, plans and records maintained by him and furnish the central or the state government, as the case may be, with such information and returns as it or any officer authorised by it in this behalf may require;15(j) the lessee shall keep in such manner and in respect of such matters as may be prescribed by the central government, accurate records of all trenches, pits and drillings made by him in the course of mining operations carried on by him under the lease, and allow any officer authorised by the central government or the state government, as the case may be, in this behalf by general or special order to inspect the same;20(k) the lessee shall allow any officer authorised by the central government or the state government, as the case may be, in this behalf by general or special order to enter upon any building, excavation or land comprised in the lease for the purpose of inspecting the same;25 30(l) the lessee shall carry on his operations in accordance with the approved mining plan and take immediate measures in such manner as may be prescribed by the central government to restore, as far as possible and at least to the extent given in the mining plan, the areas in which mining operations have been conducted, including replacement of soil cover, removal of contaminants and pollutants introduced during mining operations, restoration of local flora, and water regimes in such manner as may be prescribed by the central government;(m) the lessee shall pay to the district mineral foundation such amount as specified in sub-section (2) of section 43;35(n) the lessee shall deposit with the state government in case of major minerals that vest in the government, an amount calculated at the rate of rupees one lakh per hectare of the lease area payable in equal instalments over the mining plan period as security for due observance of the terms and conditions of the lease:provided that the central government may from time to time, by notification, vary the amount of the deposit in respect of leases granted or extended after such notification:40provided further that in case the mineral vests in a person other than the government, such person shall require to deposit such sum not less than the rate specified in the first proviso:45provided also that in case of small deposits the lessee shall be required to pay security deposit for the broken up area, mineral storage and waste and over-burden area in the mining lease as per the rate prescribed by the central government in this sub-section:provided also that in the case of minor minerals the deposit shall be such as may be notified by the state government and the provisions of this section apply mutatis mutandis to minor minerals;50(o) the lessee shall set up a grievance redressal mechanism in such manner as may be prescribed by the central government, to address concerns of persons affected by mining operations in accordance with the requirements of the sustainable development framework in terms of section 46;(p) the lessee shall comply with such other conditions as may be prescribed by the central government5(2) the central government in case of coal minerals and the indian bureau of minesin case of other major minerals or the state directorate may issue directions to a lessee to ensure compliance with the conditions of the lease and the lessee shall comply with such directions10 15(3) if the lessee does not allow entry or inspection in respect of any matter coveredunder sub-section (1), or does not comply with directions issued under sub-section (2)where it relates to land in which minerals vest in the government, the state government shall give notice in writing to the lessee requiring him to show cause within such time as may be specified in the notice, which is not less than two days and not more than fifteen days, as to why the lease not be determined and his security deposit forfeited, and if the lessee fails to show cause within the aforesaid time to the satisfaction of the state government, in respect of land in which mineral vest in the government, the state government may determine the lease and forfeit the whole or part of the security deposit:20provided that in respect of any land in which the minerals vest in a person other thanthe government, the government may, after giving an opportunity of being heard to such person, direct him to determine the lease and forfeit the whole or part of the security deposit25 30(4) if the lessee makes any default in the payment of royalty as required under section41 or payment of dead rent as required under section 42 or payment of compensation to the district mineral foundation as required under section 43 or payment of cess as required under section 45 or section 46 or commits a breach of any of the conditions specified in sub-section (1), the state government shall give a show cause notice to the lessee requiringhim to pay the royalty or dead rent or payment of compensation to district mineral foundation or cess, as the case may be, along with interest at the rate of fifteen per cent per annum or remedy the breach, as the case may be, within a period of thirty days from the date of the receipt of the notice and if the royalty or dead rent or payment of compensation to district mineral foundation or cess is not duly paid alongwith the interest or the breach is not remedied within the said period, the state government in case the minerals vest in it, may without prejudice to any other proceedings that may be taken against him, determine the lease and forfeit the whole or part of the security deposit:35provided that in respect of land where the minerals vest in a person other than thegovernment, the government may, after giving an opportunity of being heard to such person, direct him to determine the lease and forfeit the whole or part of the security deposit40(5) in every case where part or all of the security has been forfeited the lessee shallfurnish security to make up the deficiency before recommencing operations under the lease(6) any amount deposited as security deposit in accordance with the provisions of sub-section (4) shall, unless forfeited, be returned to the lessee at end of the six months period after the expiry or termination of the lease:45provided that in case the return of the security deposit or such part thereof as may bepayable takes place more than thirty days after the expiry of the six months period, simple interest at the rate of six per cent per annum shall be payable for the period beyond thirty days50procedure for grant of mining lease25 (1) the mining lease in respect of land in which minerals vest in the governmentshall, except in case where a mining lease is granted in accordance with the provisions of sub-section (5) of section 13, be granted only on application made by a person who hasheld a high technology reconnaissance-cum-exploration licence or a prospecting licence for the area and no other applications shall be entertained in this regard(2) the state government shall acknowledge the receipt of the application and the same shall be registered in a register in such manner, as may be prescribed by the central government, which shall be open to public for inspection in such manner as may be specified by it510(3) the application of a person, eligible under this act, made within six months of completion of operations under a high technology reconnaissance cum exploration licence or prospecting licence held by him or held by his predecessor-in-interest shall be approved for grant of mining lease subject to eligibility and the fulfillment of general conditions as may be prescribed by the central government, and such special conditions as specified under proviso to sub-section (4) of section 13:provided that in case such application for mining lease is rejected, no other application shall be considered and the area shall be notified for grant of mineral concession under sub-section (1) or sub-section (5) of section 13, as the case may be15(4) in every case of an approval for grant of mining lease under sub-section (3), the state government shall issue a letter of intent to the applicant enabling him to obtain the statutory approvals and clearances necessary for the execution of the lease deed(5) grant of every letter of intent and lease shall be notified in the official gazette and in the official website of the state government20mining operations to be in accordance with mining plan26 (1) subject to the provisions of this act and rules made thereunder, mining operations shall be undertaken in accordance with a mining plan, prepared for the entire leased area in such manner as may be prescribed by the central government, which may include scientific methods of mining within a sustainable development framework, beneficiation and economic utilisation and induction of technology to ensure extraction and best utilisation of the run of the mine:25provided that a mining plan shall not be required in respect of such minor minerals as are notified for the purpose by the state government in consultation with the indian bureau of mines:30provided further that in respect of any minor mineral for which a mining plan is not required, the state government, in consultation with the indian bureau of mines, shall prescribe a framework within which mining operations shall be carried out and the mining framework is deemed to be in the nature of a general direction issued under section 46 of this act:provided also that for the purposes of section 12, and section 24, the framework is deemed to be the mining plan35(2) on acceptance of an application for a mining lease, and before the execution of the lease deed, the applicant shall cause to be prepared and approved a mining plan for the entire area proposed to be granted for lease in such manner as may be prescribed by the central government4045(3) without prejudice to the generality of the provisions of the mining plan, there shall be attached to the mining plan in respect of all major minerals, a corporate social responsibility document, comprising of a scheme for annual expenditure by the lessee on socio-economic activities in and around the mine area for the benefit of the host population in the panchayats adjoining the lease area and for enabling and facilitating self employment opportunities, for such population, and the lease holder shall, at the end of each financial year, publish in his annual report and display on the website, the activities undertaken during the year and the expenditure incurred thereon(4) no mining plan shall be approved, unless it is prepared by a qualified person or firm or other association of persons accredited in this behalf in such manner as may be prescribed by the central government50(5) no person shall be accredited for purposes of sub-section (4) unless he,—(a) is qualified as a mining engineer or geologist;(b) has fulfilled the requisite experience as may be prescribed by the central government; and(c) meets such other requirements as may be prescribed by the centralgovernment in order to further the objective of scientific mining:5provided that in respect of persons being firms or other association of personsor companies, the eligibility and conditions of accreditation shall be such as may be prescribed by the central government:provided further that the central government may prescribe different eligibilityand other conditions for different grades of accreditation10(6) the mining plan for major minerals shall, except in case of coal minerals and atomicminerals, be approved by officers of the indian bureau of mines, authorised by general orders in this behalf by the controller general, and for minor minerals the plan shall be approved by officers of the state directorate authorised in this behalf, by the general order of the state government:15provided that the central government may, on being satisfied that the state directoratepossesses the necessary technical and management capability as may be prescribed, empower the state directorate to grant approvals for such major minerals and in such circumstances as may be specified in the notification:20provided further that in case the central government, at any time, is of the opinionthat the state directorate does not possess the requisite technical and management capability, it may suspend or revoke the power granted and may direct it to be exercised by officers of the indian bureau of mines in accordance with the provisions of this sub-section25(7) any person aggrieved by the approval or refusal under sub-section (6) in respect of a mining plan for major minerals other than coal and atomic minerals, may apply to the controller general, the indian bureau of mines, for reversal or modification of such an order and the controller general may confirm, modify or set aside the order or direction in respect of the mining plan30(8) any person aggrieved by the order or direction under sub-section (6) in respect of a mining plan or a framework for minor minerals may apply to the director of the state directorate for cancellation or modification of such an order and the director may confirm, modify or set aside the order or direction in respect of the mining plan or framework, as the case may be(9) no person shall conduct mining operations in any area except in accordance with a mining plan as approved under this act35(10) the controller general or authorised officer of the indian bureau of mines or theofficer authorised in this behalf by the state directorate, as the case may be, may require the holder of a mining lease to make such modifications in the mining plan or impose such conditions as may be considered necessary by an order in writing if such modifications or imposition of conditions are considered necessary,—(a) in the light of the experience of operation of mining plan; and40(b) in view of the change in the technological environment(11) in respect of coal minerals and atomic minerals, the provisions of this section shall be applied, mutatis mutandis, by the central governmentrights of a lessee4527 subject to the provisions of this act or any law for the time being in force, the lessee with respect to the land leased to him shall have the right for the purpose of mining operations on that land, to—(a) work the mines; (b) sink pits and shafts and construct buildings and roads; (c) erect plant and machinery;(d) quarry and obtain building material and road materials and make bricks; (e) use water and take timber; (f) use land for stacking purpose;5(g) install fuel pumps or stations for diesel or petrol for own use; (h) construct magazine for explosives, and storage sheds for explosive related substances with permission from the licencing authority concerned;(i) store overburden material in areas identified for the purpose; (j) divert public roads, overhead electric lines passing through the lease area, to facilitate scientific mining; and10(k) do any other thing as specified in the leaseextension of mining lease28 (1) an application for the extension of a mining lease shall be made in such manner as may be prescribed by the state government through such officer or authority as it may specify in this behalf, or the person in whom the minerals vest, as the case may be, at least twenty four months before the date on which the lease is due to expire15(2) the extension of a lease which is required to be granted with the prior approval of the central government shall be extended with the prior approval of the central government20(3) an application for extension made under sub-section (1) shall be disposed of by the authority competent to grant a lease for the mineral within twelve months from the date of receipt of the application and the provisions of sub-sections (4), (5) and (6) of section 14shall, mutatis mutandis, apply to applications for extension:25provided that before granting approval for a second or subsequent extension of a mining lease, in respect of land in which minerals vest in the government, the state government shall seek a report from the indian bureau of mines in respect of major minerals other than coal and atomic minerals and the state directorate in the case of minor minerals, as to whether it is in the interest of mineral development to grant the extension of the mining lease:30provided further that in case a report is not received from the indian bureau of mines within a period of three months of receipt of the communication from the state government, it would be deemed that the indian bureau of mines has no objection to the grant of extension of the mining lease35(4) if an application for the extension of a mining lease made within the time referred to in sub-section (1) is not disposed off by the state government before the date of expiry of the lease, the period of the lease shall be deemed to have been extended till the state government passes an order thereon or the person in whom the minerals vest communicates his approval or rejection of the application, as the case may be(5) the state government may, by an order condone the delay in an application for extension of mining lease made after the time limit specified in sub-section (1) if the application has been made before the expiry of the lease and there are sufficient reasons, to be recorded in writing, to condone the delay, and the provisions of sub-section (4) shall be applicable in such case40lapsing of leases and revival45 5029 (1) subject to the provisions of this section, in respect of land in which the minerals vest in the government, where mining operations are not commenced within a period of two years from the date of execution of the lease, or discontinued for a continuous period of two years after the commencement of such operations, the state government may after issuing a notice to the lease holder to show cause and giving him an opportunity of being heard, declare that the lease has lapsed and without prejudice to the foregoing, the state government on being satisfied that the lessee did not show due diligence, may also declare him to be in breach of the conditions of such lease and, therefore, ineligible for consideration under sub-section (3) of section 20 or sub-section (3) of section 22 or sub-section (3) of section 25, as the case may be, for such period not exceeding five years as may be specified, having regard to the nature of the breach5(2) a lessee who is unable to commence the mining operations within a period of two years from the date of execution of the mining lease, or discontinues mining operations for a period exceeding two years for reasons beyond his control, may, at least three months before the expiry of such period, seek extension of period for commencing or recommencing mining operations, as the case may be, and the state government on being satisfied the adequacy and genuineness of the reasons for non commencement of mining operations or discontinuance thereof, pass an order condoning the period of delay in commencement or recommencement of the mining operations, as the case may be:10provided that such an order shall be passed by the state government within a period of three months from the date of receipt of the application15(3) a lessee who is unable to commence the mining operations within a period of two years from the date of execution of the mining lease, or discontinues mining operations for a period of exceeding two years for reasons beyond his control, may within a period of six months from the date of its lapse, seek revival of the lease and the state government on being satisfied about the adequacy of the reasons for non commencement of mining operations or discontinuance, may pass an order reviving the lease:provided that such an order shall be passed within a period of six months from the date of making an application for revival:20provided further that the lease has not been revived earlier under this sub- section for more than twice during the entire period of the lease:provided also that in respect of coal, atomic minerals and beach sand minerals, prior approval of the central government shall be obtained before orders are issued under this section25(4) the manner, the procedures for condonation of delay and the reasons for commencement or recommencement in respect of matters specified in sub-sections (2) and(3) shall be such as may be prescribed by the central government30(5) any person aggrieved by an order, passed by the state government under sub-sections (1), (2) or (3) or by failure of the state government to pass an order within the period specified therein, may apply to the national mining tribunal or state mining tribunal, as the case may be, and the tribunal concerned may issue appropriate directiondetermination of lease3530 (1) a lessee shall not determine the lease except after notice in writing of not less than twelve calendar months to the state government or to such officer, or the authority as the state government may specify in this behalf in respect of land in which minerals vest with the government and to the person in whom the minerals vest in other cases, in accordance with the terms and conditions of the mineral concession:40provided that where a lessee, holding a mining lease for a mineral or for a group of minerals, applies for the surrender of the lease or part area thereof or any mineral from the lease on the ground that deposits of that mineral have since exhausted or depleted to such an extent that it is no longer economical to work the mineral, he shall give notice of not less than six months and the state government or the person in whom the minerals vest, as the case may be, may permit the lessee to surrender that lease or part area thereof or minerals, as the case may be, subject to conditions as may be prescribed by the central government45(2) in every case where a lease is determined or surrendered under sub-section (1) the lessee shall at his own cost prepare and implement a final mine closure plan in accordance with the provisions of section 32 and shall close the mine or part thereof in accordance with the provisions of section 3350(3) in respect of any land in which the minerals vest in the government, in the eventof breach of any of the conditions of the lease, the state government may by an order, after giving an opportunity of being heard to the lessee, determine the lease or forfeit in whole or in part, the amount deposited as security by the lessee, and in case the lease is determined shall direct the lessee to prepare and implement a final mine closure plan in accordancewith the provisions of the sections 32 and 33, and in the event of his failure to do so, may prepare and implement the plan at the cost of the lessee34 of 2008510(4) where it appears to the central government, upon any investigation conducted by the central government agency under the national investigation agency act, 2008 or any other law for the time being in force, that the mining activities in any area under lease is related to or aiding or abetting organised crime or anti-national activities of outlawed or insurrectionist organisations or that such mining activities is prejudicial to the national security, it may, for reasons to be recorded in writing, direct the state government to determine the mining lease and the state government shall determine the lease forthwith in case the minerals vest with the state government, and in case the minerals vest in a person other than the state government, the state government shall issue a direction to such person to determine the lease and such person shall forthwith comply with such direction15(5) in respect of any land in which the minerals vests in a private person where the lease is determined due to breach of any of the conditions of the lease, such person shall prepare and implement the final mine closure plan at his cost20(6) any person aggrieved by an order, made under sub-section (3) or sub-section (4), may apply to the national mining tribunal in respect of an order issued by the central government or an order issued by the state government, as the case may be, in respect of major mineral, and to the state mining tribunal in respect of minor mineral, and the national mining tribunal or the state mining tribunal, as the case may be, may after giving an opportunity of being heard to the party, confirm, modify or set aside the orderpremature termination of lease31 (1) where the state government is of the opinion that it is in the public interest or in the interest of public safety to do so, it may for reasons to be recorded in writing make an order of premature termination of the mining lease in case the minerals vest in the government, and issue a direction to this effect to the person in whom the minerals vest in other cases:25provided that no premature termination of a mining lease shall be made without giving the lessee a reasonable opportunity of being heard30(2) in every case of premature termination of a lease, made under sub-section (1), the state government shall, having regard to the nature of the loss caused to the lessee, compensate the lessee in such manner as may be prescribed by the central government35(3) a person aggrieved by an order under sub-section (1) or sub-section (2) may apply to the national mining tribunal in case of major minerals and the state mining tribunal in case of minor minerals, for revision, modification or cancellation of such order, and the national mining tribunal or the state mining tribunal, as the case may be, may pass such order as may be appropriatemine closure plan32 (1) every mining lease shall have a mine closure plan prepared in terms of a sustainable development framework, which shall consist of—(i) a progressive mine closure plan for each mine; and (ii) a final mine closure plan40(2) every mine closure plan shall be available for inspection by the public in the office of the authority competent to approve such a plan, and also in the office of the panchayat having jurisdiction and such other places as may be notified45(3) a progressive mine closure plan shall be prepared for each mine for a period of five years at a time commencing with the period of the lease, and for every period of five years thereafter, in such manner as may be prescribed by the central government:50provided that the progressive mine closure plan shall include details of closure, rehabilitation and restoration activities proposed to be carried out in the five years period and the projected investments in this respect, and except in the case of the first progressive mine closure plan, the details of activities actually carried out and the expenditure incurred in each of the preceding progressive closure plans(4) the lessee shall submit the progressive mine closure plan to the indian bureau of mines and the state directorate in the case of major minerals other than coal and atomic minerals, to the coal controller in case of coal minerals, and to the atomic minerals directorate in case of atomic minerals, and to the state directorate in the case of minor minerals and a copy thereof shall be sent to the panchayats of the area:510provided that in respect of a mining lease for a minor mineral for which a mining plan has been dispensed with under sub-section (1) of section 26, the state government in consultation with the indian bureau of mines may, having regard to the nature of the mineral, exempt any such lease from preparing a mine closure plan, subject to suitable provision in the mining framework in respect of that mineral in such manner as may be prescribed by the central government, and the mining framework shall be deemed to be the progressive mine closure plan and the final mine closure plan for the purposes of this act15(5) the indian bureau of mines or the coal controller or the atomic mineral directorate, or the state directorate as the case may be shall, after consulting the concerned panchayats convey its approval or disapproval to the progressive mine closure plan within a period of ninety days from its receipt:20provided that in case the approval or disapproval is not communicated within the said period, the progressive mine closure plan shall be deemed to have been approved on a provisional basis till such approval or disapproval is conveyed(6) no mining operation shall be carried out in a mine in respect of which a progressive mine closure plan has not been approved, or in a manner contrary to the approved progressive mine closure plan:25provided that the authority responsible for approving the progressive mine closure plan may at any time inspect the mining operations to satisfy itself in this regard, and may issue any direction necessary to ensure compliance to the provisions of the plan(7) a final mine closure plan shall be prepared for lease area in such manner as may be prescribed by the central government, and approved by the authority competent to approve the progressive mine closure plan in respect of the mine30(8) without prejudice to the generality of this section, the final mine closure plan shall be based on the land use planned for the lease area after its closure, and shall include measures to reduce hazards, improve productivity and ensure that it supports the needs of the host population:35provided that the land use planned for the mining lease area after the closure of mineshall be decided in consultation with the panchayats having jurisdiction, in such manner as may be prescribed by the central government(9) the final mine closure plan shall be revised for every five years having regard to the progress of mining operations and be submitted alongwith every progressive mine closure plan40(10) the final mine closure plan for the last five years period of the lease shall beapproved with such modification as may be specified by the authority approving the progressive mine closure plan after consultation with the panchayat concerned, within a period of one year:45provided that in the case where the lease is extended under the provisions of subsection (1) of section 8 of the act, the lessee shall submit a progressive mine closure plan for the next five years in accordance with the provisions of this act along with a final mine closure plan in accordance with the provisions of this section and the last five years shall be reckoned with reference to the extended period50(11) the manner of preparation and implementation of the mine closure plan for coalminerals and atomic minerals shall be such as may be prescribed by the central government5(12) every progressive and final mine closure plan referred to in sub-section (1) shall be prepared by a qualified firm or other association of persons or company accredited in this behalf in accordance with the provisions of sub-section (5) of section 26 in terms of a sustainable development framework as may be notified by the central government under sub-section (2) of section 46closure1033 (1) the lessee shall not determine the lease or part thereof unless a final mineclosure plan, approved by the indian bureau of mines in respect of major minerals other than coal minerals and atomic minerals, or any authority as may be designated by the central government in respect of coal minerals or atomic minerals, or the state directorate in respect of minor minerals, as the case may be is duly implemented by the lessee15(2) for the purposes of sub-section (1), the lessee shall be required to obtain a certificate from the indian bureau of mines, the atomic minerals directorate or the authority as may be designated by the central government in respect of coal minerals or the state directorate in respect of minor minerals, as the case may be, to the effect that protective, reclamation, restoration and rehabilitation work in accordance with the approved mine closure plan or with such modifications as approved by the competent authority have been carried out by the lessee20 25(3) in every case where a lessee has made default in implementing a progressive mine closure plan, the state government may by an order suspend the mining operation till the default is remedied and may demand additional security so as to ensure deposit of security to the extent of the maximum specified under sub section (1) of section 24 for the remaining period of the lease, and for any or all other leases of the lessee for reasons to be specified in a show cause notice, and in case the lessee fails to show adequate cause, or fails to furnish the additional security, as the case may be, within a reasonable period not exceeding thirty days, the state government may determine the lease in respect of which such security was not furnished30(4) if the lessee makes default in implementing the final mine closure plan or abandons a mine, without prejudice to any action under section 53, the state government may after serving a notice to the lessee, cause the plan to be implemented by such other authority as it may direct, at the cost of the lessee, that the lease may be determined in such manner as may be prescribed by the central government and the lessee shall be declared to be ineligible for the purpose of any mineral concessions under this act chapter vi mineral concession in cases where minerals do not vest exclusively with government3534 applications for mineral concessions in respect of any mineral which vest exclusively in a person other than the government shall be made to such person and all mineral concessions be granted subject to the provisions of this act and the rules made thereunderapplications in case minerals vest with private persons40mineral concessions to be in form of a registered deed4535 a mineral concession granted in accordance with the provisions of section 34shall be in the form of a registered deed executed by the parties on such terms and conditions as may be agreed, not inconsistent with the provisions of this act or the rules made thereunder, and an authenticated copy of the deed shall be deposited by the person granted the mineral concession with the state government and the indian bureau of mines before commencing operations:provided that notwithstanding anything contained in such deed to the contrary, it shall be lawful for the state government to issue any direction to the leaseholder or to the person in whom the minerals vest, in accordance with the provisions of this act5036 in respect of lands where minerals vest partly in the government and partly with a private person, the provisions of this act shall apply in the same manner as they apply in respect of land where minerals vest exclusively with the government:cases where minerals vest partly with governmentprovided that the dead rent and royalty payable in respect of minerals which vest partly in government and partly in private person shall be shared by the government and by that person in proportion to the share they have in the minerals chapter vii 5 reservationreservation of areas for conservation of mineral resources1037 (1) the state government with the prior approval of the central government, orthe central government after consultation with the state government, may reserve for purposes of mineral conservation any area not already held under a high technology reconnaissance-cum-exploration license, a prospecting licence or mining lease, and shall notify the reservation specifying the reasons and the period of reservation shall be for a period of not less than ten years:provided that the period may be extended from time to time in the public interest, forsuch period as may be notified in the same manner in which it was reserved15(2) no application for mineral concession shall be entertained in respect of an areareserved under sub-section (1), and any such application is deemed to have never beenmade(3) an area reserved for purposes of mineral conservation shall not be used for such purposes during the period of the reservation that is contrary to the object of such reservation20saving of reserved areas67 of 195738 subject to the provisions of section 37, all areas reserved under the mines andminerals (development and regulation) act, 1957, as it stood before its repeal, and the rules made thereunder, shall continue to be reserved under this act for a period of ten years from the date of the commencement of this act or up to the date specified in such reservation order, whichever is earlier25expiry and revocation of reservation39 on the expiry of the period of reservation under section 37 or section 38, or suchearlier date as may be notified by the central government or the state government, as the case may be, an area reserved under section 37 or section 38, as the case may be, shall be deemed to be available for grant of the mineral concessions after a lapse of thirty days or from such earlier date as may be notified for the purpose30conservation of mineral40 (1) where the central government is of the opinion that any mineral or a particulargrade of mineral needs to be conserved in view of its strategic value, it may, by notification, ban the grant of mineral concession in respect of that mineral or a particular grade of mineral or impose such restrictions on grant of mineral concessions or operation of such concession as may be specified in the said notification:35provided that such a ban or restriction shall not apply in respect of applications for grant of mining leases under sub-section (3) of section 25(2) the notification referred to in sub-section (1) shall be for a period of not less than ten years40(3) the central government may renew the notification, as referred to in sub-section(1), for a further period not less than ten years chapter viii royalties, compensation and cess45royalty payable in respect of minerals41 (1) the holder of a mining lease, whether granted before or after the commencement of this act shall, notwithstanding anything in the instrument of lease or in any other law for the time being in force, pay royalty in respect of any mineral removed or consumed by him or by his agent, manager, employee or contractor from the leased area(2) the rate of royalty in respect of major minerals shall be such as specified in the second schedule to this act:provided that concessional rates of royalty may be specified for such cases where the lessee beneficiates the mineral at the ore stage5(3) the central government may, after taking into consideration the report and recommendations of the national mining regulatory authority, by notification, amend the second schedule to enhance or reduce the rate specified therein with effect from such date as may be specified in the notification:provided that the central government shall not enhance the rate of royalty in respect of any major mineral more than once during any period of three years10(4) the state government may, by notification from time to time, declare the rate at which royalty shall be payable in respect of minor minerals:provided that the state government shall not enhance the rate of royalty in respect of a minor mineral more than once during any period of three years15(5) notwithstanding anything contained in this act, the provisions of sub-section (1)shall not apply to or in relation to mining leases granted before the 25th day of october, 1949, in respect of coal, but the central government, if it is satisfied that it is expedient so to do, may, by notification, direct that all or any of the provisions of this act or the rules made thereunder apply to or in relation to such leases subject to such exceptions and modifications, if any, as may be specified in that notification20dead rent payable by lessee42 (1) the holder of a mining lease, whether granted before or after the commencement of the act, shall, notwithstanding anything contained in the instrument of lease or in any other law for the time being in force, pay every year, dead rent at such rate as may be specified, for all the areas included in the instrument of lease25(2) where the holder of such mining lease becomes liable under section 41 to pay royalty for any mineral removed or consumed by him or by his agent, manager, employee or contractor from the leased area, he shall be liable to pay either such royalty, or the dead rent in respect of that area, whichever is higher30(3) the dead rent in respect of mining leases for major minerals shall be as specified in the third schedule and the central government may, after taking into consideration the recommendations of the national mining regulatory authority, by notification , amend the third schedule so as to enhance or reduce the rate at which the dead rent shall be payable in respect of any area covered by a mining lease and such enhancement or reduction take effect from such date as may be specified in the notification:provided that the central government shall not enhance the rate of the dead rent in respect of any such area more than once during any period of three years35(4) the state government may by notification from time to time, declare the rate at which dead rent shall be payable in respect of minor minerals:provided that the state government shall not enhance the rate of the dead rent in respect of any such area more than once during any period of three years:40provided further that in respect of such portion of a lease as is for both major and minor minerals, dead rent if payable, shall be the higher of the two dead rents(5) in order to encourage mining of small deposits in cluster, dead rent for the area shall be determined having regard to the actual area required for mining operations45payment of compensation to owner of surface, usufruct and traditional rights, damage, etc5043 (1) in respect of land in which minerals vest in the government, the holder of a non-exclusive reconnaissance licence, high technology reconnaissance cum exploration licence or prospecting licence shall be liable to pay, to every person or family holding occupation or usufruct or traditional rights of the surface of the land over which the licence has been granted, such reasonable annual compensation as may be mutually agreed between the holder of such licence and such persons or in the absence of such agreement, which may be determined by an officer appointed, by notification, by the state government in this behalf in such manner as may be prescribed by the state government:510 15 2025 301 of 195635 4045 50provided that such amount shall be determined before commencement of operations and paid in advance each year, in such manner as may be prescribed by the state government(2) the holder of a mining lease shall pay annually to the district mineral foundation, as referred to in section 56,—(a) in case of major minerals (except coal and lignite) an amount equivalent to the royalty paid during the financial year;(b) in case of coal and lignite, an amount equal to twenty-six per cent of the profit to be called as profit sharing percentage (after deduction of tax paid) of the immediately preceding financial year from mining related operations in respect of the lease; and(c) in case of minor minerals, such amount as may be prescribed by the state government with the concurrence of the national mining regulatory authority referred to in section 58, within such time and in such manner as may be prescribed by the state government for the benefit of persons or families affected by mining related operations:provided that in respect of coal minerals the central government may, after taking into consideration the report and recommendations of the national mining regulatory authority, by notification, revise the profit sharing percentage, or specify such other method as may be prescribed for calculation of amount to be paid to the district mineral foundation:provided further that in case where the holder of a mining lease for major minerals has commenced mining related operations but has not commenced production, the holder of a mining lease shall pay into the district mineral foundation, an amount equal to the royalty payable on the production estimated in the first twelve months of the year as per the approved mining plan:provided also that in case the holder of a mining lease for major minerals,—(a) was not in production for a part of a particular year, he shall be liable to pay the amount in the second proviso on pro-rata basis for the period during which he had not commenced any such operations;(b) discontinues production for a part of a particular year, he shall be liable to pay the amount equal to the royalty on actual production of the corresponding period of the previous financial year (3) notwithstanding anything in sub-section (2), and the companies act, 1956, or any other law for the time being in force, where the holder of mining lease is a company, it shall also allot at least one share at par for consideration other than cash to each person of the family affected by mining related operations of the company and such shares shall be non transferable(4) the articles of association of the company, referred to in sub-section (3) shall contain provisions enabling the company to allot shares in accordance with the provisions of sub-section (3)(5) notwithstanding anything in sub-section (2) and sub-section (3), the holder of a mining lease shall, in respect of any person or family holding occupation or usufruct or traditional rights of the surface of the land over which the lease has been granted, be liable to provide employment or other assistance in accordance with the rehabilitation and resettlement policy of the state government concerned(6) the amount payable under this section shall be in addition to any other amount or compensation payable to the person or family holding occupation or usufruct or traditional rights of the surface of the land under any other law for the time being in force(7) after the termination of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or a mining lease, the state government shall after giving the person or family holding occupation or usufruct or traditional rights of the surface of the land an opportunity of being heard, assess the damage, if any, done to the land by the reconnaissance or prospecting or mining related operations and determine the amount of compensation payable by the licensee or the lessee, as the case may be, to the person or family holding occupation or usufruct or traditional rights of the surface of the land in such manner as may be prescribed by the state government:5provided that in case the licencee or lessee and the person or family holding occupation or usufruct or traditional rights mutually agree on the compensation, and communicate the same to an officer appointed by the state government in this behalf, the state government may, accordingly, determine the compensation(8) in case, —10(a) the licensee fails to make payment to the persons holding occupation or usufruct or traditional rights in terms of sub-section (1), the state government may forfeit the security deposit and make payment therefrom, and may recover any balance amount as provided in section 118 of this act, and may also declare the licensee or lessee ineligible for the purposes of any mineral concessions under this act;15(b) the lessee fails to make payment to the district mineral foundation in terms of sub-section (2), the state government may initiate necessary proceedings to recover the arrears and may also take action against the lessee for non compliance of conditions of the lease in accordance with the provisions of sub-section (4) of section 24;20(c) the lessee or the licensee, as the case may be, fails to pay the compensation within three months of its determination under section 30, the state government may on an application made to it by the aggrieved person, either forfeit the security deposit and make payment therefrom, or may recover the amount as provided in section 118 of this act, and may also declare the licensee or lessee ineligible for the purposes of any mineral concessions under this act25(9) where there is a dispute as to whether a person or family holds occupation or usufruct or traditional rights, the collector of the district may after consulting the gram sabha, or the gram panchayat or district council, as the case may be, make a determination which shall be binding for the purposes of this act30(10) (a) the state government shall cause identification of the person or families affected by mining related operations in such manner as may be prescribed by the state government3542 of 2005(b) the amount of monetary benefit may be determined by the state government for each district where mining operations are being undertaken, having regard to the nature and extent to which such person or family is affected by mining related operations and for improving the quality of life of the affected person or family, and such amount of monetary benefit shall not be less than the amount a family may be entitled under the provisions of the mahatma gandhi national rural employment guarantee act, 2005 :42 of 200540provided that till the amount of monetary benefit is determined by the state government, the amount of monetary benefit shall be equal to an amount that such as a family may be entitled under the provisions of the mahatma gandhi national rural employment guarantee act, 2005(c) the state government shall ensure that monetary benefits under this act are distributed to the persons or families in areas affected by mining related operations through a mechanism prescribed by the state government:45provided that in case of a family not headed by a woman, the state government shall ensure that half the amount of monetary benefits distributed to families in areas affected by mining operations shall accrue to the eldest women member of the family50(11) for the purposes of this section, in case of a mining lease already granted on or before the date of commencement of this act, the date for identification of person or families affected by mining related operations shall be reckoned as first january nineteen hundred and ninety sevenexplanation— for the purposes of this section,—(a) a "family" shall comprise of mother, father and their children or any person wholly dependent on the head of the family, including any lineal ascendant or descendant of the head of the family or his spouse; and(b) a "family" may also be single member family544 (1) the central government may, by notification, specify, that there shall be levied and collected a cess on major minerals for the purposes of this act,—(a) as a duty of customs, where the ore is exported;levy and collection of cess by central government10(b) as a duty of excise, where the ore is sold or otherwise disposed to an enduser or to any other person who in turn sells it to an end-user, or is used by the owner of the mine in any end-use by himself, at such rate not exceeding two and one-half per cent of the duty as may be specified in the notification by the central government:provided that the rate shall not be increased more than once during any period of five years15(2) every cess leviable under sub-section (1) on major minerals shall be payable by the person by whom such major minerals are produced, and in the case of export, the cess shall be payable by the exporter(3) the cess leviable under sub-section (1) on the major mineral shall be in addition to any cess or duty leviable on those items under any other law for the time being in force201 of 194452 of 196225(4) the provisions of the central excise act, 1944 and the rules made thereunder and the provisions of the customs act, 1962 and the rules made thereunder, as the case may be, including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of cess leviable under this section and for this purpose, the provisions of the central excise act, 1944 and of the customs act, 1962, as the case may be, shall have effect as if the aforesaid acts provided for the levy of cess on major minerals(5) every person or company or firm or association of persons using or trading in or exporting or stocking major minerals shall register himself or itself with the indian bureau of mines in such manner as may be prescribed by the central government:30provided that in case of coal minerals, the administration of registration shall be done by the central government45 (1) the state government may, by notification specify, that there shall be levied and collected a cess on major minerals and minor minerals extracted at a rate not exceeding ten per cent of the royalty in such manner as may be prescribed by the state government:levy and collection of cess by state government35 40provided that the rate shall not be increased more than once during any period of five years(2) the cess shall be paid by the person holding the mining lease for major minerals or minor minerals, as the case may be:provided that where the minerals vest in a person other than the government, and the holder of the mining lease fails to pay the cess, the person in whom the minerals vest shall, on demand, pay the amount of the cesschapter ix45 power to issue directions 46 (1)the central government shall take all such steps as may be necessary for the conservation of strategic mineral resources in the national interest and for the scientific development and exploitation of all mineral resources(2) the central government in order to facilitate the scientific development and exploration of mineral resources and to ensure the protection of the environment and prevention and control of pollution from prospecting and mining related operations, shall cause to be developed a national sustainable development framework in consultation with the state governments50power of central government to issue directions in the interest of scientific mineral exploration and mining and sustainable development(3) the state government may with the previous approval of the central government frame a state sustainable development framework not inconsistent with the national sustainable development framework5(4) the national sustainable development framework shall contain guidelines enabling formulation of project-level practices for sustainable mining, and include the following, namely:—(i) specification of factors and parameters influencing sustainable and scientificmining;10(ii) broad criteria beyond which mining may not be deemed sufficientlysustainable or scientifically manageable;(iii) systemic measures needed to be taken or built-in to increase sustainabilityof mining operations considering its entire life cycle, inter alia,—(a) ensuring minimal adverse impact on quality of life of the localcommunities;15(b) protecting interests of affected persons including host population; (c) creating new opportunities for socio-economic development includingfor sustainable livelihood;(d) mineral conservation both in terms of mining technologies or practicesand mineral beneficiation;20(e) reduction in waste generation and related waste management practicesand promotion of recycling of materials;(f) minimising and mitigating adverse environmental impacts particularlyin respect of ground water air, ambient noise and land;25(g) ensuing minimal ecological disturbance, in terms of bio-diversity, flora,fauna and habitat;(h) promoting restoration and reclamation activities so as to make optimaluse of mined out land for the benefit of the local communities;(i) measurable indicators of sustainable development;30(j) consultative mechanisms with stakeholder groups right from pre- miningstages through the life cycle and up to post-closure stages to ensure stakeholder groups involvement and participation in identifying and addressing the sustainability issues; and35(k) system of public disclosure of mining related activities andenvironmental parameters including indicators and mechanisms to facilitate formal and informal sustainability audits(5) the central government may, from time to time specify the guidelines for scientific mining and mineral conservation within a sustainable development framework and the state directorate shall be responsible for implementation of the sustainable development framework in the state:40provided that the state government may, with the previous approval of the central government, confer all or any of the functions of the state directorate on any other specialised agency for the purpose of better implementing the sustainable development framework45(6) the central government may issue general directions as may be required, consistent with the provisions of the act to the state governments or the national authority referred to in section 58 or to any authority under the central government or the state government, as the case may be, for the conservation of strategic mineral resources or any policy matter in the national interest and for the scientific and sustainable development and exploration of mineral resources and recycling of such resources to the extent practicable, and detection, prevention and prosecution of cases of illegal mining, and to frame rules for the purpose and all such directions shall be complied with to the extent possible522 of 200510(7) without prejudice to the provisions of this section, the central government for the purpose of scientific management and exploration of mineral resources, may prescribe a framework for disclosure of information related to mineral resources and their exploration and exploitation, and recycling including the development of websites and portals and databases; and such framework shall specify the nature and extent of the information required to be disclosed and the person or authority responsible for such disclosure and any such person or authority shall comply except where the information is of a nature that is exempted under section 8 of the right to information act, 2005 in relation to a public authority1547 (1) the state government may, in the interest of systematic development of mineral deposits, conservation of minerals, scientific mining, sustainable development and protection of the environment, issue directions to the owner, agent, mining engineer, geologist or manager of a minepower of state government to issue directions generally(2) every direction issued under sub-section (1) shall be complied within such period as may be specified, not being a period of less than one week:20provided that where there is difficulty in giving effect to any direction, the owner, agent, mining engineer, geologist or manager of the mine, as the case may be, may apply for modification or rescinding of such direction and the state government, may either modify or rescind the direction or confirm it:provided further that in case the state government does not pass any order modifying or rescinding such direction within a period of thirty days from the date of application, the direction shall be deemed to have been confirmed25(3) any direction issued under sub-sections (1) and (2) shall be issued in consultation with the indian bureau of mines in such classes of cases as may be prescribed by the central government30(4) any person aggrieved by a direction or order under this section may apply to the national mining tribunal in case of major minerals under section 85 or the state mining tribunal in case of minor minerals under section 99, as the case may be3548 (1) where the central government is of the opinion that for the purpose of conservation of strategic mineral resources or for the scientific management, exploration and exploitation of mineral resources it is expedient to conduct a technical or scientific investigation with regard to any mineral or any land including lands in relation to which mineral concessions may have been granted, the central government may authorise the geological survey of india or the indian bureau of mines or the atomic minerals directorate or such other authority as it may specify in this behalf, to carry out such technical or scientific investigation as may be necessary, and to submit a report within such period as may be specified:40power to authorise geological survey of india and indian bureau of mines, atomic minerals directorate, etc, to investigate and reportprovided that no such authorisation shall be made in the case of any land in which mineral concession has been granted, except after consultation with the state government where minerals vest in the state government and with the person in whom the mineral vests in other cases45(2) on issue of an authorisation under sub-section (1), it shall be lawful for the geological survey of india, the indian bureau of mines, the atomic mineral directorate or the specified authority or agency, and its employees,—(a) to enter upon such land; (b) to dig or bore into the sub-soil, conduct studies and take samples;50(c) to do all other acts necessary to determine the nature and extent of anymineral available in or under such land;(d) to set out boundaries of the land in which any mineral is expected to be found, and to mark such boundaries and line by placing marks; and5(e) where otherwise the survey cannot be completed on the boundaries and line marked, to cut down and clear away any part to any standing crop, fence or jungle with the approval of the authority concerned: provided that no such authority or agency, as the case may be, shall enter into any building or upon any enclosed court or garden attached to a dwelling-house without previously giving such occupier at least seven days' notice in writing of its intention to do so10 15(3) whenever any action of the nature specified in sub-section (2) is to be taken, the central government shall, before or at the time when such action is taken, pay or tender payment for the damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it shall be paid or tendered, the central government shall refer the dispute to the collector of the district in which the land is situated for determination(4) the fact that there exists any such dispute, as is referred to in sub-section (3), shall not be a bar to the taking of any action under sub-section (2)20(5) after the completion of the investigation, the geological survey of india, the indian bureau of mines, the atomic minerals directorate or the specified authority or agency by which the investigation was made shall submit a report to the central government indicating therein the nature and extent of any mineral which lies deposited in or under the land and such other information as may be necessary(6) the costs of the investigation made under this section shall be borne by the central government:25provided that any portion of the cost may be paid out of the national mineral fund in accordance with the provisions of section 50(7) the central government may, having regard to the utility of the report submitted under sub-section (5), and the public interest, make available the report to such persons and at such cost and in such manner as may be prescribed by the central government3049 (1) the indian bureau of mines, the coal controller, the atomic minerals directorate or the state directorates or any officer authorised by the central government or the state government, as the case may be, may enter and inspect a mine, and examine or direct the examination of any mineral deposit in any area under prospecting licence or mining lease and take samples therefrom at any time for the purposes of this act35power of the indian bureau of mines, coal controller, atomic minerals directorate and state directorate to issue certain directions and to seek information40(2) if any mine or part thereof, which in the opinion of the indian bureau of mines, the coal controller, the atomic minerals directorate or the state directorate, poses a grave and immediate threat to the conservation of mineral resources or to the environment, it may, by an order in writing to the owner, agent, mining engineer or manager, require him to take such measures as may be specified in the order and may prohibit, until the requirements as specified in the order are complied with to its satisfaction, the deployment of any person other than those required for compliance with the requirement of the order45(3) the indian bureau of mines, the coal controller, the atomic minerals directorate or the state directorate, as the case may be, may by a general or specific order require the cores or specimens of rocks and minerals obtained from specified boreholes or shafts during prospecting or mining operation conducted under this act, to be preserved for any specific period50(4) every holder of a prospecting licence or a mining lease shall provide all reasonable facilities to persons authorised by the indian bureau of mines, the coal controller, the atomic minerals directorate and the state directorate for the purpose of undertaking research or training in matters relating to mining or geology5(5) the holder of a non-exclusive reconnaissance licence, high technology exclusive cum reconnaissance exploration licence, prospecting license or mining lease, or his agent shall furnish such information regarding his reconnaissance or exploration or prospecting or mining operations or regarding the mine or any matter connected therewith as the indian bureau of mines, the coal controller, the atomic minerals directorate or the authorised officer of the central government or the state government, as the case may be, may require by an order in writing and the information shall be furnished within such time and such period as may be specified in the aforesaid order chapter x10 national, state mineral fund and district mineral foundationnational mineral fund50 (1) the central government shall, by notification, establish a fund to be called the national mineral fund for the purposes of this act15(2) the proceeds of the cess levied under sub-section (1) of section 44 shall first be credited to the consolidated fund of india, and the central government may, after due appropriation made by parliament by law in this behalf, credit by way of grants or loans such sums of money as the central government may consider necessary to the national mineral fund from time to time, after deducting the expenses of collection, for being utilised exclusively for the purposes of sub-section (3)20(3) the amount standing to the credit of the national mineral fund shall be utilised for—25(a) making grants to the national mining regulatory authority and the national mining tribunal of such sums of money as are required to pay salaries and allowances payable to the chairperson and the members and the administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the authority and the tribunal;(b) promoting scientific management of mining activities and mine closures, including research and development and training;(c) research and development in sustainable mining and recycling of resources;30(d) developing capacity of the indian bureau of mines or office of the coal controller, and any other agency as may be determined by the central government to enforce the provisions of this act;(e) detecting and preventing illegal mining including commissioning of surveys and studies, and developing awareness amongst local communities and the mining sector;35(f) investigations for the conservation and scientific management, of mineralresources in accordance with the provisions of section 48 of the act;(g) promotion of information technology applications in support of the miningand minerals sector;40(h) providing grants-in-aid for promoting techno-economic studies for themineral sector; and(i) providing grants-in-aid for holding of and participation in national orinternational minerals and mining workshops, conferences and promotional events51 (1) the national mineral fund shall be under the control of the central government, and the balance to the credit of the national mineral fund not lapse at the end of the financial year45administration and management of fund(2) the central government shall be responsible for the administration and management of the national mineral fund(3) the central government for the purpose of this act may,—(a) formulate criteria for allocation of funds for such projects which are required to be implemented;5(b) approve schemes and sanction grants and loans from the national mineral fund to institutions and authorities as may be decided and monitor their utilisation; and10(c) implement directly or through the geological survey of india or the indian bureau of mines or coal controller or any other agency as may be determined by the central government, projects for the purposes of sub-section (3) of section 50 and for this purpose it may authorise the director general, geological survey of india and the controller general, indian bureau of mines to incur such expenditure from the national mineral fund as may be necessary in this regardaudit of accounts of national mineral funds1552 (1) the central government shall maintain proper accounts and other relevantrecords and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of the national mineral fund in such form, as may be prescribed in consultation with the comptroller and auditor-general of india(2) the accounts of the national mineral fund shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by himstate mineral fund53 (1) the state government may, by notification, establish a fund to be called thestate mineral fund for the purposes of this act20 25(2) the proceeds of the cess levied under sub-section (1) of section 45 shall first be credited to the consolidated fund of the state and the state government may, if the legislature of the state by appropriation made by law in this behalf so provides, credit by way of grants or loans such sums of money as the state government may consider necessary to the state mineral fund from time to time, after deducting the expenses of collection, for being utilised exclusively for the purposes of sub-section (4)(3) the state mineral fund shall be held and administered on behalf of the state government in such manner and by such authority as may be prescribed by the state government(4) the amount standing to the credit of the state mineral fund shall be utilised for,—30(a) developing capacity of the state directorate to achieve the objects of this act;(b) promotion of information technology applications in support of the mining and mineral sector;(c) setting up and operation of special courts under section 105 of the this act;35(d) setting up and operation of the state mining regulatory authority and the state mining tribunal under section 70 and section 89 respectively;(e) financial assistance to the district mineral foundations by way of loan, capital grants or other payment;40(f) compensating lessees whose leases are prematurely terminated under section31 of this act;(g) prevention and detection of illegal mining, including expenditures incidentalto enforcement of the provisions of section 114 of this act and to reward whistleblowers on illegal mining;45explanation—for the purposes of this section a whistle-blower is a person who provides credible information of illegal mining;(h) such other public purposes in relation to the objects of the act, as may be deemed expedient by the state government from time to time (5) without prejudice to the generality of the foregoing provisions, the state government may sanction grants out of the state mineral fund to an authority for implementation of a mine closure plan under sub-section (4) of section 33 and cause the recovery of the cost thereof from the lessee in accordance with the provisions of section 118 and deposit the same into the state mineral fund554 (1) the state mineral fund shall be under the control of the state government, and the balance to the credit of the state mineral fund shall not lapse at the end of the financial yearadministration and management of state mineral fund(2) the state government shall be responsible for the administration and management of the state mineral fund(3) the state government for the purposes of this act may,—10(a) formulate criteria for allocation of funds for such projects which are requiredto be implemented;(b) implement directly or through the state directorate by way of grant-in-aid, projects for the purposes of sub-section (4) of section 53 and for this purpose, may authorise the director of the state directorate to incur such expenditure from the state mineral fund as may be necessary in this regard15audit of accounts of state mineral fund2055 (1) the state government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of the state mineral fund in such manner, as may be prescribed by the state government in consultation with the comptroller and auditor- general of india(2) the accounts of the state mineral fund shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him25establishment of district mineral foundation3035 4045 5056 (1) the state government shall, by notification, establish a trust to be called the district mineral foundation, a non-profit body, in each district in the state where a mining lease has been granted or is in operation, in the manner as may be prescribed by the state government(2) the object of the district mineral foundation shall be to work for the interest and benefit of persons or families affected by mining related operations in the district(3) the governing council of the district mineral foundation shall be responsible for,—(a) distribution of monetary benefit to persons or families affected by mining related operations in the district; and(b) undertaking such other activities as are in furtherance of the object of the foundation, including creation, management and maintenance of such local infrastructure for socio-economic purposes in areas affected by mining related operations and facilitating the implementation of the sustainable development framework (4) the state government may give financial assistance to any district mineral foundation by way of loan, capital grants or other payments(5) the state government shall maintain a register, which shall be open to the members of the public for inspection at any reasonable time, containing the following in relation to each district mineral foundation,—(a) a copy of the current constitution; (b) a copy of the latest annual accounts and of any report of the auditor of the accounts of the district mineral foundation; and(c) a copy of the latest annual report of the district mineral foundation(6) the amount standing to the credit of the district mineral foundation shall be utilised, in the following order of priority, namely:—(i) payment of monetary benefits payable monthly or quarterly to members of the family of the person holding occupation or usufruct or traditional rights in areas affected by mining related operations:provided that the state government may make a scheme to systematically regulate the amount of payment of monetary benefits to different categories based on the nature and extent to which they are affected by the mining related operation;5(ii) such other expenditure as may be prescribed by the central government subservient to the objects of the foundation;(iii) payment of administrative expenses necessary for working of the district mineral foundation, not exceeding five per cent of the total annual payment received by it in a financial yeargoverning council1057 (1) the district mineral foundation shall be managed by a governing council which consists of,—(a) district magistrate - chairperson; (b) chairperson of the district panchayat or district council, as the case may be—member;(c) all holders of mining lease in the district—members;15(d) head of local offices of departments concerned of the state government—members;20(e) at least three representatives nominated by the district magistrate in consultation with the chairperson of the district panchayat or district council, as the case may be, from amongst the affected persons or families in the areas affected by mining operations, in the manner as may be prescribed by the state government— members;(f) representative of the indian bureau of mines— member; (g) district mining officer— secretary:25provided that in the areas specified in the fifth schedule of the constitution, where there is no district panchayat, the chairperson of each of the panchayats at intermediate level, and where there is no panchayat at intermediate level, the chairperson of the village panchayats within whose jurisdiction the mining operations are undertaken shall be included as a member30(2) the governing council for the district mineral foundation shall be responsible for,—(a) drawing-up the annual budget for utilisation of the fund available with the foundation;(b) approving the disbursal of the amounts to the entitled persons or families affected by mining related operations; and35(c) approving such other expenditure, in furtherance of the objects of the foundation, from the fund available with the district mineral foundation in such manner as may be prescribed by the central government40(3) the district mineral foundation shall, at the end of each year, prepare an annual report in respect of the activities undertaken under the fund available with the district mineral foundation, and shall forward it to the state government, which shall forthwith cause the report to be published on the government website(4) the district mineral foundation shall maintain a register giving details of,—(a) the list of lease holders in the district and the annual payments made by them to the district mineral foundation; and45(b) the disbursal of benefits to the affected persons; (c) annual audited accounts of the district mineral foundation, and the same shall be available on the website of the foundation and for inspection by members of the public22 of 2005(5) for the purposes of the right to information act, 2005, the district mineral foundation is deemed to be a public authority5(6) the district mineral foundation shall maintain proper accounts and other relevantrecords and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of the fund available with the district mineral foundation in such manner, as may be prescribed by the state government in consultation with the comptroller and auditor-general of india(7) the accounts of the district mineral foundation shall be audited at such intervals and in such manner as may be prescribed by the state government in consultation with the comptroller and auditor-general of india10 15(8) the accounts of the district mineral foundation, as certified by the district magistrate, together with the audit report thereon shall be forwarded annually to the state government by the district mineral foundation and the state government shall cause the audit report to be laid, as soon as may be after it is received, before each house of the state legislature where there are two houses, and where there is one house of the state legislature, before that house chapter xi national mining regulatory authority and state mining regulatory authority2058 (1) the central government shall, by notification, establish a national authorityto be known as the national mining regulatory authority, to exercise the powers conferred on, and to perform the functions assigned to it under this act in relation to major minerals (other than coal minerals)establishment of national mining regulatory authority25(2) the national authority shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to contract, and shall, by the said name, sue or be sued(3) the head office of the national authority shall be at new delhi (4) the national authority may, with the prior approval of the central government, establish its offices at any other place in india3059 (1) the national authority shall consist of a chairperson and not more than ninewhole time members to be appointed by the central governmentcompositionof nationalauthority(2) the chairperson of the national authority may, if considered necessary, invite any one or more persons having specialised knowledge and experience in a particular case to assist the national authority3560 (1) a person shall not be qualified for appointment as the chairperson of thenational authority, unless he,—(a) is of not less than fifty-eight years of age;qualification for appointment as chairperson or member of national authority40(b) (i) has a post-graduate degree in mining, engineering, technology, science, commerce, humanities or law from a university recognised by the university grants commission or a university or institute established by law for the time being in force and special knowledge and experience of not less than three years in matters relating to policy, regulation and operations in extractive industry; or45(ii) has held the post of secretary or additional secretary to the government ofindia or any equivalent post in the central government or the state government, as the case may be, having experience of not less than three years in policy or law relating to mines and mineral concessions(2) a person shall not be qualified for appointment as a member, unless he,—(a) is of not less than fifty-eight years of age;5(b) (i) has a post-graduate degree in mining, engineering, technology, science, commerce, humanities or law from a university recognised by the university grants commission or a university or institute established by law for the time being in force and special knowledge and experience of not less than three years in matters relating to policy, regulation and operations in extractive industry or has experience of not less than three years in the field of mining sector at the national level; or10(ii) has held the post of joint secretary to the government of india or any equivalent post in the central government or the state government, as the case may be, having experience of not less than one year in policy or law relating to mines and mineral concessions (3) the chairperson and the members of the national authority shall be appointed on the recommendations of the selection committee constituted under sub-section (1) of section 6115(4) the chairperson or the members of the national authority shall not hold any other office during the period of holding his office as such20(5) the central government shall, within a period of one month from the date of occurrence of any vacancy in the office of the chairperson or member, by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or completion of the term of office of the chairperson or any member, make a reference to the selection committee constituted under section 61 for filling up of such vacancy61 (1) the central government shall, for the purpose of selection of the chairperson and members of the national authority constitute a selection committee, consisting of the following, namely:—selection committee for selection of chairperson and members25(a) cabinet secretary—chairperson; (b) secretary in the ministry of mines—member; (c) secretary in the ministry of law and justice—member30(2) the secretary in the ministry of mines, government of india, shall be the convenor of the meeting of the selection committee(3) the selection committee shall finalise the selection of the chairperson and members of the national authority within one month from the date on which the reference is made to it under sub-section (5) of section 6035(4) the selection committee shall recommend a panel of two names in order of preference for every vacancy referred to it and the central government shall make appointment from such panel(5) before recommending any person for appointment as a chairperson or a member of the national authority, the selection committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as chairperson or member, as the case may be40(6) no appointment of the chairperson or a member of the national authority shall be invalid merely by reason of any vacancy in the selection committee(7) subject to the provisions of sub-sections (1) to (6), the selection committee may regulate its own procedure4562 (1) the chairperson and member of the national authority shall hold office for a term of five years from the date on which they enter upon their office or up to the age of sixty-five years, whichever is earlierterm of office, salary and allowances of chairperson and members of national authority50(2) notwithstanding anything contained in sub-section (1), the chairperson and every member shall hold office at the pleasure of the central government(3) the salary and other allowances payable to, and the other terms and conditions of service of, the chairperson and other members of, the national authority shall be such as may be prescribed by the central government:provided that the salary and other allowances or other terms and conditions of service of the chairperson and other members of the national authority shall not be varied to their disadvantage after appointmentresignation563 the chairperson or a member of the national authority may, by notice in writing under his hand addressed to the central government, resign his office:provided that a chairperson or a member of the national authority shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest1064 (1) the central government may, by order, remove from office, the chairperson or any member of the national authority, if the chairperson or such other member, as the case may be,—(a) has been adjudged an insolvent; orremoval or suspension of chairperson or members of national authority15(b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or20(e) has so abused his position as to render his continuance in office prejudicial to the public interest25(2) no chairperson or any other member of the national authority shall be removed from office except by an order of the central government on the ground of his proved misbehaviour or incapacity after the central government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the central government, come to the conclusion that the chairperson or member, as the case may be, ought on any such ground to be removed30(3) the central government may suspend the chairperson or a member of the national authority, as the case may be, in respect of whom an inquiry under sub-section (2) is being initiated or pending until the central government has passed an order on receipt of the report of the inquiry35member of national authority to act as its chairperson in certain cases65 (1) in the event of the occurrence of any vacancy in the office of the chairperson of the national authority by reason of his death or resignation, the senior-most member of the national authority shall act as the chairperson until the date on which a new chairperson, appointed in accordance with the provisions of this act, to fill such vacancy, enters upon his office(2) when the chairperson of the national authority is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties4066 no act or proceeding of the national authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the national authority; orvacancies, etc, not to invalidate proceedings of national authority(b) any defect in the appointment of a person as the chairperson or a memberof the national authority; or45(c) any irregularity in the procedure of the national authority not affecting themerits of the case67 (1) the national authority shall have under it such numbers and categories of officers and other employees, as the central government may determine in consultation with the chairperson of the national authority from time to time, to assist the national authority in the discharge of its functions50officers and other employees of national authority(2) the national authority may appoint its officers and other employees in such manner as may be prescribed by the central government5(3) the officers and other employees of the national authority appointed under subsection (2) shall discharge their functions under the general superintendence of the chairperson (4) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national authority shall be such as may be prescribed by the central government1068 (1) subject to the provisions of this act, the national authority shall discharge and exercise the following functions and powers in respect of major minerals, namely:—powers and functions of national authority(a) lay down the standards of quality of technical regulation to be followed bythe state governments and the indian bureau of mines;15(b) lay down the standards of quality of reports and information provided in thepublic domain by the state governments, indian bureau of mines and geological survey of india to the investors in the mining sector;(c) mediate on the issue of jurisdiction in matters of inspection of mining areas amongst the state governments and the indian bureau of mines;(d) advise on mineral-wise conservation strategies keeping in view of the national interest;20(e) advise on matters relating to the framework for sustainable development ofthe mining sector, including implementation and monitoring thereof:provided that notwithstanding anything contained in this act, the national authority may, on the request of the central government or any state government, render advice on sustainable development framework for minor minerals;25(f) advise the central government and any state government, on a referencefrom them, on issues pertaining to measures to increase transparency in the grant of mineral concessions and efficiency in models for competitive bidding of minerals;30(g) review of the existing rates of royalty on minerals (other than coal, lignite and sand for stowing) specified in the second schedule for major minerals in terms of sub-section (2) of section 41 and the profit sharing percentage payable under subsection (2) of section 43 and recommend revision of rates of royalty and profit sharing percentage to be paid by the mining lease holder from time to time;35(h) review of the existing rates of dead rent on minerals (other than coal, lignite and sand for stowing) specified in the third schedule for major minerals in terms of sub-section (3) of section 42 and recommend revision of rates of royalty from time to time;40(i) recommend suitable mechanisms to moderate royalty and profit sharing percentage to support investment in remote areas or for induction of special technology or for promoting mineral beneficiation or to produce downstream products of strategic value or to create infrastructure:provided that the recommendations of the national authority under this subsection shall be made in consultation with the state governments and the mining industry and shall be in the form of a report submitted to the central government:45provided further that the national authority shall not recommend increase in royalty rates or profit sharing percentage for any mineral or fees or other charges more than once in three years(j) recommend strategies and institutional mechanisms to the central government for attracting long-term investments in the mining sector;(k) recommend mechanisms to protect the interests of the end-use industries in the country for assured long-term supply of minerals50(2) the national authority shall have the power to regulate its own procedure thereof in all matters arising out of the exercise of its powers or of the discharge of its functions(3) the national authority shall ensure transparency in exercising its powers and discharging its functions5(4) the national authority or any of its officers authorised by it may call for records,material evidence, or persons accused of contravening any of the provisions or committing any of the offences under this act1045 of 18602 of 1974(5) all proceedings before the national authority in discharge of its functions shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228, for the purposes of section 196 of the indian penal code and the national authority shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973(6) notwithstanding anything contained in section 75, the order of the national authority shall not be subject to revision by the national mining tribunal15(7) the recommendation or advice of the national authority under this section shall be in the form of a report to the central government and the central government shall take a decision thereon within a period of three months:provided that where the government takes a decision at variance with the recommendation or advice of the national authority, it shall record the reasons therefor and intimate the same to the national authority20(8) the national authority shall include in its annual report all the cases where its recommendation or advice has not been accepted by the central government along with reasons therefor25search, seizure and investigation69 (1) without prejudice to any other law for the time being in force, the national authority may, on the basis of written complaint alleging contravention of the provisions of the act or alleging commission of any offence punishable under this act or the rules made thereunder in respect of major minerals where such contraventions or commission of offences have been committed on large scale or on organised basis or takes place interstate, investigate or cause to be investigated any such complaint or institute prosecution against any person30(2) without prejudice to the generality of the provisions of sub-section (1), the national authority may investigate or cause to be investigated or institute prosecution against any person where contraventions or commission of offences have been committed on large scale or on organised basis or have taken place inter-state, in respect of major minerals in the following cases, namely: —35(i) exploration and mining for any mineral without licence or lease; (ii) undertaking of mining or exploration activity outside the area granted underlicence or lease;(iii) transactions relating to or possession of mineral stock of unknown origin,or such mineral which cannot be satisfactorily accounted for;40(iv) transportation, storage, trade or export of illegally raised mineral withoutlawful authority:45(3) the national authority may, if it finds that the contravention of any of the provisions of this act or commission of any offence thereunder in respect of major minerals is of a small scale or isolated nature, refer any complaint referred to in sub-section (1) or sub-section (2) to the state government concerned for such action as it deems fit50(4) the central government or the state government or the national authority may, by notification in the official gazette, appoint such persons as it thinks fit, possessing such qualifications as may be prescribed, or such authority fulfilling such criteria or appoint an investigation officer or investigating authority or appoint legal practitioner for initiating prosecution or defending its case before any court or tribunal for such area as may be specified in the notification, to investigate or initiate prosecution into contravention of any of the provisions of this act or commission of any offence thereunder in respect of major minerals [including cases falling under clauses (i) to (iv) of sub-section (2)]5explanation—for the purposes of this sub-section, "legal practitioner" means an advocate, vakil or an attorney of any high court, and includes a pleader in practice(5) the investigation officer or the investigating authority referred to in sub-section(4), if so authorised by the central government, shall have the power—10(a) to enter and search, at all reasonable times and with such assistance, if any, as he considers necessary, any premises in which he has reason to believe an offence under this act or the rules made thereunder has been or is being committed;15(b) to require the production of, and to inspect, examine and make copies of, or take extracts from registers, records or any other documents kept by a holder of a mining lease or licence, as the case may be, in pursuance of the provisions of this act or the rules made thereunder and seize the same, if he has reason to believe that all or any of them, may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder;20(c) to make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act or the rules made thereunder are being complied with;(d) to exercise such other powers as may be necessary for carrying out the purposes of this act or the rules made thereunder2 of 1974(6) the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to any search or seizure under this act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code252 of 197430(7) save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to the process of investigation and initiation of prosecution of the offences in respect of major minerals under the provisions of this act, as they apply to the investigation or initiation of prosecution made under the provisions of the said code(8) the investigating officer or investigating authority, as the case may be, shall complete the process of investigation within a period of three months from the date of authorisation for conducting such investigation and submit the report of such investigation to the national authority35(9) the investigation officer or the investigating authority may take the assistance of police if it so becomes necessary for discharge of its functions under this act40(10) the national authority either on its own motion (on the basis of material in its possession) or on the basis of report referred to in sub-section (8) or an investigation officer or investigating authority or any of its officer, if so authorised by the national authority may file a complaint before a competent court in respect of contravention of the provisions of this act or commission of any offence thereunder in respect of major mineralsestablishment of state mining regulatory authority70 (1) the state government may, by notification, establish with effect from such date as may be specified therein, a state authority to be known as the state mining regulatory authority, to exercise the powers and functions, mutatis-mutandis, in respect of minor minerals, as is exercisable under sections 68 and 69 by the national authority45(2) without prejudice to the provisions of sub-section (1), the state government may confer on the state authority the functions relating to monitoring and regulating the operation of the sustainable development framework in respect of minor minerals and for major minerals after approval of the central government71 the composition and procedure of the state authority referred to in section 70shall be such as may be prescribed by the state government:composition and procedures of state authorityprovided that in respect of functions relating to the sustainable development framework the procedure shall be in accordance with the provisions of section 46572 (1) subject to the provisions of this act, the state authority shall have the powers to authorise investigation and institute prosecution against any person for offences under this act in respect of minor minerals or major minerals in the following cases, namely:—powers and functions of state authority(a) exploration and mining operations for any mineral without licence or lease;10(b) undertaking of any mining or exploration activity outside the area grantedunder licence or lease;(c) transactions relating to possession of mineral stock of unknown origin, orsuch mineral which cannot be satisfactorily accounted for;(d) transportation, storage, trade or export, of illegally raised mineral withoutlawful authority;15(e) any other matter pertaining to illegal mining referred to the state authority by the state government: provided that in any case where the matter is under investigation or prosecution by the national authority, the state authority shall not carry out any further investigation or prosecution except with the approval of the national authority20(2) notwithstanding anything contained in section 85, the order of the state authority shall not be subject to revision by the national mining tribunal73 (1) if, at any time, the central government is of the opinion,—(a) that, on account of circumstances beyond the control of the national authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or25powers of central government to supersede national authority30(b) that the national authority has persistently defaulted in complying with any direction given by the central government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the national authority or the administration of the national authority has suffered; or35(c) that circumstances exist which render it necessary in the public interest so to do, the central government may for reasons to be recorded, by notification, supersede the national authority for such period, not exceeding one year, as may be specified in the notification and appoint a person or persons as the president may direct to exercise powers and discharge functions under this act: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the national authority to make representations against the proposed supersession and shall consider the representations, if any, of the national authority40(2) upon the publication of a notification under sub-section (1) superseding the national authority,—(a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such;45(b) all the powers, functions and duties which may, by or under the provisionsof this act, be exercised or discharged by or on behalf of the national authority shall, until the national authority is reconstituted under sub-section (3), be exercised anddischarged by the person or persons referred to in sub-section (1); and50(c) all properties owned or controlled by the national authority shall, until thenational authority is reconstituted under sub-section (3), vest in the centralgovernment(3) on or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government shall reconstitute the national authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment5(4) the central government shall cause a copy of the notification issued under subsection (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest74 (1) if, at any time, the state government is of the opinion,—10power of state government to supersede state authority(a) that, on account of circumstances beyond the control of the state authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or15(b) that the state authority has persistently defaulted in complying with any direction given by the state government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the state authority or the administration of the state authority has suffered; or20(c) that circumstances exist which render it necessary in the public interest so to do, the state government may for reasons to be recorded, by notification, supersede the state authority for such period, not exceeding one year, as may be specified in the notification and appoint a person or persons as the governor may direct to exercise powers and discharge functions under this act:25provided that before issuing any such notification, the state government shall give a reasonable opportunity to the state authority to make representations against the proposed supersession and shall consider the representations, if any, of the state authority(2) upon the publication of a notification under sub-section (1) superseding the state authority,—(a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such;30(b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the state authority shall, until the state authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and(c) all properties owned or controlled by the state authority shall, until thestate authority is reconstituted under sub-section (3), vest in the state government35 40(3) on or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the state government shall reconstitute the state authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment(4) the state government shall cause a copy of the notification issued under subsection (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house45 chapter xii national mining tribunal and state mining tribunal5075 the central government shall by notification establish with effect from such date as may be specified therein, a tribunal to be known as the national mining tribunal, to exercise jurisdiction, powers and authority conferred on such tribunal by or under this actestablishment of national mining tribunal and benches thereof76 (1) the national mining tribunal shall consist of a full time chairperson and not more than seven judicial members and seven expert members to be appointed, by notification, by the central governmentcomposition of national mining tribunal5(2) the chairperson of the national mining tribunal may, if considered necessary, invite any one or more persons having specialised knowledge and experience in a particular case before the tribunal to assist the tribunal in that case(3) subject to the other provisions of this act, the jurisdiction, powers and authority of the national mining tribunal may be exercised by benches thereof as may be notified by the central government10(4) subject to the other provisions of this act, a bench shall consist of three members with chairperson or an expert member and one judicial member and third member who may be either expert member or judicial member(5) notwithstanding anything contained in sub-section (1), the chairperson may transfer a member from one bench to another bench15(6) subject to the other provisions of this act, the benches of the national mining tribunal shall ordinarily sit at delhi (which shall be known as the principal bench) and at such other places as the central government may, by notification, specify77 (1) a person shall not be qualified for appointment as chairperson of the national mining tribunal, unless he,—20(a) is of not less than fifty-five years of age; (b) has special knowledge and experience of not less than four years in law relating to mines and exploration; andqualifications for appointment as chairperson or member of national mining tribunal(c) has experience of quasi-judicial functions:25provided that a person who is, or has been in the service of government shall not beappointed as a chairperson unless such person has held the post of secretary or additional secretary to the government of india or any equivalent post in the central government or the state government, as the case may be, for a period of not less than three years(2) a person shall not be qualified for appointment as judicial member unless he,—(a) is of not less than fifty-five years of age;30(b) has held a judicial office in the territory of india for at least ten years; or hasbeen a member of the indian legal service and has held a post in grade i of that service or any equivalent post for at least three years, or has been an advocate for at least ten years with experience in dealing with mining related matters (3) a person shall not be qualified for appointment as an expert member, unless he,—(a) is of not less than fifty-five years of age;35(b) has experience in the field of mining sector at the national level, and has heldthe post of joint secretary to the government of india or any equivalent post in the central government or the state government, as the case may be, for at least five years40(4) the central government shall within one month from the date of occurrence ofany vacancy by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or end of tenure of the chairperson or any member, make a reference to the selection committee for filling up of the vacancy4578 (1) the central government shall, for the purpose of selection of the chairperson and members of the national mining tribunal constitute a selection committee, consisting of the following, namely:—(a) cabinet secretary - chairperson;selection committee for selection of chairperson and members(b) secretary in the ministry of mines— member;(c) secretary in the ministry of law and justice— member; (d) one expert to be nominated by the ministry of mines— member(2) the secretary in the ministry of mines, government of india shall be the convenor of the meeting of the selection committee5(3) the selection committee shall finalise the selection of the chairperson and members within one month from the date on which the reference is made to it(4) the selection committee shall recommend a panel of two names in order of preference for every vacancy referred to it and the government shall make appointment from such panel10(5) before recommending any person for appointment as a chairperson or a member of the national tribunal, the selection committee shall satisfy itself that such person shall not have any financial or other interest, which is likely to affect prejudicially his functions as chairperson or member15(6) no appointment of the chairperson or a member of the national mining tribunal shall be invalid merely by reason of any vacancy in the selection committee(7) subject to the provisions of sub-sections (1) to (6), the selection committee may regulate its own procedure2079 (1) the chairperson of the national mining tribunal shall hold office for a term of five years from the date on which he enters upon his office or upto the age of sixty-seven years, whichever is earlier(2) a member of the national mining tribunal shall hold office for a term of five years from the date on which he enters upon his office or upto the age of sixty-five years, whichever is earlierterms of office, salaries and allowances of chairperson and members of national mining tribunal25(3) the salary or honorarium and other allowances payable to, and other terms and conditions of service of, the chairperson and other members of the national mining tribunal shall be such as may be prescribed by the central government:provided that neither the salary or honorarium and other allowances nor the other terms and conditions of service of the chairperson and other members of the national mining tribunal shall be varied to their disadvantage after appointmentresignation3080 a chairperson and a member of the national mining tribunal may, by notice inwriting under his hand addressed to the central government, resign his office:35provided that a chairperson and a member of the national mining tribunal shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest81 (1) the central government may, by order, remove from office, the chairperson or any member of the national mining tribunal, if the chairperson or such other member, as the case may be, in its opinion—(a) has been adjudged as insolvent; or40removal and suspension of chairperson or members of national mining tribunal(b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(c) has become physically or mentally incapable of acting as a member; or45(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or(f) has engaged at any time during his term of office in any other employment5(2) no chairperson or any other member of the national mining tribunal shall be removed from office except by an order of the central government on the ground of his proved misbehaviour or incapacity after the central government, has, on an inquiry, held in accordance with the procedure prescribed in his behalf by the central government, come to the conclusion that the chairperson or member, as the case may be, ought on any such ground to be removed(3) the central government may suspend the chairperson or a member of the national mining tribunal, as the case may be, in respect of whom an inquiry under sub-section (2) is being initiated or pending until the central government has passed an order on receipt of the report of the inquiry1082 (1) in the event of the occurrence of any vacancy in the office of the chairperson of the national mining tribunal by reason of his death or resignation, the senior-most expert member of the national mining tribunal shall act as the chairperson of the tribunal until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office15member of national mining tribunal to act as its chairperson in certain cases(2) when the chairperson of the national mining tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most expert member of the national mining tribunal, shall discharge the functions of the chairperson until date on which the chairperson resumes his duties2083 no act or proceeding of the national mining tribunal shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the national mining tribunal; orvacancies, etc, not to invalidate proceedings of national mining tribunal(b) any defect in the appointment of a person as the chairperson or a member;or25(c) any irregularity in the procedure of the national mining tribunal not affecting the merits of the case 84 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the national mining tribunal in the discharge of its functions30staff of national mining tribunal(2) the recruitment of the officers and other employees of the national mining tribunal shall be made by the chairperson in such manner as may be prescribed by the central government;(3) the officers and other employees of the national mining tribunal shall discharge their functions under the general superintendence of the chairperson; and35(4) the salaries and allowances and conditions of service of the officers and otheremployees of the national mining tribunal shall be such as may be prescribed by the central government85 (1) subject to the provisions of this act, the national mining tribunal shall have the powers with respect to major minerals—40powers and procedure of national mining tribunal45(a) to adjudicate on applications seeking directions to the central governmentor the state governments or an authority of the state government to dispose of an application made to it, including an application for grant or transfer of mineral concession under this act, with respect to any major mineral within such time as the national mining tribunal may stipulate, in cases where the central government or the state government or an authority of the state government, as the case may be, has failed to dispose of the application within the time specified under this act(b) to hear applications from any affected person in relation to orders anddirections issued under this act relating to preparation, approval and implementation of mining plans, mine closure plans and sustainable development framework;50(c) to hear applications made to it in the nature of revisions from the affected persons and confirm or set aside any order passed by the central government or the state government or an authority of the state government, as the case may be, under this act or the rules made thereunder as it may deem just and proper5(2) subject to the provisions of this act and the rules made thereunder, the national mining tribunal shall have the power to regulate its own procedure and the procedure of benches thereof in all matters arising out of the exercise of its powers or of the discharge of its functions10(3) subject to other provisions of this act, the national mining tribunal may call for the records of the case and pass such order or direction in respect of the matter specified in sub-section (1), as it may deem fit:15provided that the national mining tribunal shall, before passing any order or direction, under this sub-section issue notice to the central government or the state government or an authority of the state government, as the case may be, and give a reasonable opportunity to the affected parties and if necessary any other authority, as the case may be, of being heard:provided further that the national mining tribunal shall dispose of the case within a period of six months from the date of filing of the application unless for reasons to be recorded, the national mining tribunal extends the time period for such disposal205 of 1908(4) the national mining tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining himan oath;(b) requiring the discovery and production of documents;25(c) receiving evidence on affidavits;1 of 1872(d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisition any public record or document or copy of such record or document from any other;(e) issuing commissions for the examination of witness or documents;30(f) reviewing its decision; (g) dismissing an application for default or deciding it ex parte;(h) setting aside any order of dismissal of any application for default or anyorder passed by it ex parte;35(i) pass an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any applications made or appeal filed under this act;(j) any other matter which may be prescribed by the central government4045 of 1860 2 of 1974(5) all proceedings before the national mining tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the indian penal code and the tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973(6) on the conclusion of proceedings, the national mining tribunal, shall pass such orders as it deems fit and provide such relief as may be desirable, including the award of such punitive damages, as it deems fit, to the affected party at issue45(7) every order made by the national mining tribunal, under sub-section (6) shall be signed by the chairperson or member or members who heard the case and passed the orderapplication to national mining tribunal86 (1) any person aggrieved by an order of the central government or the stategovernment or an authority of the state government, as the case may be, may make an application to the national mining tribunal, in such form and accompanied by such fee as may be prescribed by the central government, within a period of ninety days from the date on which a copy of such order is received by such aggrieved person:5provided that the national mining tribunal may entertain an application after theexpiry of the said period of ninety days if it is satisfied, for reasons to be recorded that there was sufficient cause for not filing it within that period10(2) where an application before the national mining tribunal is found to be frivolousor vexatious, it shall, for reasons to be recorded in writing, dismiss the application and make an order that the applicant shall pay to the respondent such costs as may be specified in the order67 of 19571587 all revision cases pending under section 30 of the mines and minerals(development and regulation) act, 1957, as it stood before its repeal, before the central government shall, on commencement of this act, stand transferred to the national mining tribunal on its establishment and to be disposed of as an application under section 85 of this acttransfer of revisions pending before central government to national mining tribunal5 of 1908appeal to high court2088 (1) notwithstanding anything contained in the code of civil procedure, 1908 or inany other law for the time being in force, an appeal shall lie against any order, not being an interlocutory order, of the national mining tribunal to the high court on one or more grounds specified in section 100 of that code(2) no appeal shall lie against any decision or order made by the national miningtribunal with the consent of the parties2589 the state government may, by notification, establish with effect from such dateas may be specified therein, a tribunal to be known as the state mining tribunal, to exercise jurisdiction, powers and authority conferred on such tribunal by or under this actestablishment of state mining tribunal90 the state mining tribunal shall consist of a full time chairperson and two othermembers of which one shall be a judicial member and other shall be an expert member, to be appointed by the state governmentcomposition of state tribunal and benches thereof3091 (1) a person shall not be qualified for appointment as chairperson of the statemining tribunal, unless he,—(a) is of not less than fifty-five years of age;qualifications for appointment as chairperson or member of state mining tribunal(b) has special knowledge and experience of not less than four years in law relating to mines and exploration; and(c) has experience of quasi-judicial functions:35provided that a person who is, or has been in the service of government shall not be appointed as a chairperson unless such person has held the post of principal secretary to the state government or any equivalent post, as the case may be, for a period of not less than three years(2) a person shall not be qualified for appointment as judicial member unless he,—40(a) is of not less than fifty-five years of age; (b) has held a judicial office in the territory of india for at least seven years or has been a member of the indian legal service and has held a post in grade ii of that service or any equivalent post for at least three years, or has been an advocate for at least ten years with experience in dealing with mining related matters (3) a person shall not be qualified for appointment as expert member, unless he,—(a) is of not less than fifty-five years of age;5(b) has experience in the field of mining sector at the state level, and has held the post of secretary to the state government or any equivalent post for at least five years10(4) the state government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or end of tenure of the chairperson or any member, make a reference to the selection committee for filling up of the vacancy92 (1) the state government shall, for the purpose of selection of the chairperson and members of the state mining tribunal constitute a selection committee, consisting of the following, namely:—(a) chief secretary - chairperson;15(b) principal secretary in the department of mines in the state government—member;selection committee for selection of chairperson and members of state mining tribunal(c) secretary, department of legal affairs in the state government— member; (d) one expert to be nominated by the chief secretary— member20(2) the principal secretary to the state government dealing with mines shall be the convenor of the meetings of the selection committee(3) the selection committee shall finalise the selection of the chairperson and members within one month from the date on which the reference is made to it25(4) the selection committee shall recommend a panel of two names in order of preference for every vacancy referred to it and the state government shall make appointment from such panel30(5) before recommending any person for appointment as a chairperson or a member of the state mining tribunal, the selection committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as chairperson or member(6) no appointment of the chairperson or a member of the state mining tribunal shall be invalid merely by reason of any vacancy in the selection committee(7) subject to the provisions of sub-sections (1) to (6), the selection committee shall regulate its own procedure3593 (1) the chairperson of the state mining tribunal shall hold office for a term of five years from the date on which he enters upon his office or upto the age of sixty- seven years, whichever is earlier40(2) a member of the state mining tribunal shall hold office for a term of five years from the date on which he enters upon his office or upto the age of sixty-five years, whichever is earlierterms of office, salaries and allowances of chairperson and members of state mining tribunal(3) the salary or honorarium and other allowances payable to and other terms and conditions of service of the chairperson and other members of the state mining tribunal shall be such as may be prescribed by the state government:45provided that neither the salary or honorarium and other allowances nor the otherterms and conditions of service of the chairperson and other members of the state mining tribunal shall be varied to their disadvantage after appointmentresignation94 a chairperson and a member of the state mining tribunal may, by notice inwriting under his hand addressed to the state government, resign his office:provided that a chairperson and a member of the state mining tribunal shall, unless he is permitted by the state government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest595 (1) the state government may, by order, remove from office, the chairperson or any member, if the chairperson or such other member of the state mining tribunal, as the case may be, in its opinion,—(a) has been adjudged as insolvent; orremoval and suspension of chairperson or members of state mining tribunal10(b) has been convicted of an offence which, in the opinion of the stategovernment, involves moral turpitude; or(c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as a member; or15(e) has so abused his position as to render his continuance in office prejudicialto the public interest; or(f) has engaged at any time during his term of office in any other employment20(2) no chairperson or any other member of the state mining tribunal shall be removed from office except by an order of the state government on the ground of his proved misbehaviour or incapacity after the state government, has, on an inquiry, held in with the procedure prescribed in his behalf by the state government, come to the conclusion that the chairperson or member, as the case may be, ought on any such ground to be removed25(3) the state government may suspend the chairperson or any member of the state mining tribunal in respect of whom an inquiry under sub-section (2) is being initiated or pending until the state government has passed an order on receipt of the report of the inquiry3096 (1) in the event of the occurrence of any vacancy in the office of the chairperson of the state mining tribunal by reason of his death or resignation, the senior-most expert member of the state mining tribunal shall act as the chairperson of the tribunal until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his officemember of state mining tribunal to act as its chairperson in certain cases35(2) when the chairperson of the state mining tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most expert member of the state mining tribunal, shall discharge the functions of the chairperson until date on which the chairperson resumes his duties97 no act or proceeding of the state mining tribunal shall be invalid merely by reason of—40(a) any vacancy in, or any defect in the constitution of, the state mining tribunal; orvacancies, etc, not to invalidate proceedings of state mining tribunal(b) any defect in the appointment of a person as the chairperson or a member;or(c) any irregularity in the procedure of the state mining tribunal not affecting the merits of the case45staff of state mining tribunal98 (1) the state government shall determine the nature and categories of the officers and other employees required to assist the state mining tribunal in the discharge of its functions50(2) the recruitment of the officers and other employees of the state mining tribunal shall be made by the chairperson in such manner as may be prescribed by the state government;(3) the officers and other employees of the state mining tribunal shall discharge their functions under the general superintendence of the chairperson; and5(4) the salaries and allowances and conditions of service of the officers and other employees of the state mining tribunal shall be such as may be prescribed by the state government99 (1) subject to the provisions of this act, the state mining tribunal shall have the powers with respect to minor minerals—powers and procedure of the state mining tribunal10(a) to adjudicate on applications seeking directions to the state government or an authority of the state government, as the case may be, to dispose off an application made to it, including an application for grant of mineral concession under this act, with respect to any minor mineral within such time as the state mining tribunal may stipulate, in cases where the state government has failed to dispose off the application within the time specified in the act15(b) to hear applications from any affected person in relation to orders or directions issued under this act relating to preparation, approval and implementation of mining plans, mining frameworks and mine closure plans and sustainable development framework;20(c) to hear applications made to it in the nature of revisions from the affected persons and confirm or set aside any order passed by the central government or the state government or an authority of the state government, as the case may be, under this act or the rules made thereunder as it may deem just and proper (2) subject to the provisions of this act and the rules made thereunder, the state mining tribunal shall have the power to regulate its own procedure and the procedure in all matters arising out of the exercise of its powers or of the discharge of its functions25(3) subject to other provisions of this act, the state mining tribunal may call for the records of the case and pass such order or direction in respect of the matter specified in sub-section (1), as it may deems fit:30provided that the state mining tribunal shall, before passing any order or direction, under this sub-section issue notice to the state government or an authority of the state government, as the case may be, and give a reasonable opportunity to the affected persons and if necessary any other authority, as the case may be, of being heard:provided further that the state mining tribunal shall dispose of the case within a period of six months from the date of filing of the application unless for reasons to be recorded, the tribunal extends the time period for such disposal355 of 1908(4) the state mining tribunal shall have, for the purposes of discharging its function under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—| ( | a | ) summoning and enforcing the attendance of any person and examining him ||----------|-----|----------------------------------------------------------------------------|| an oath; | | || ( | b | ) requiring the discovery and production of documents; || 40 | | || ( | c | ) receiving evidence on affidavits; |1 of 1872(d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872 requisitioning any public record or document or copy of such record or document from any other| ( | e | ) issuing commissions for the examination of witness or documents; ||-----|-----|----------------------------------------------------------------------|| 45 | | || ( | f | ) reviewing its decision; || ( | g | ) dismissing an application for default or deciding it |(h) setting aside any order of dismissal of any application for default or any order passed by it ex parte;(i) pass an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any applications made or appeal filed under this act;(j) any other matter which may be prescribed by the state government545 of 1860 2 of 1974(5) all proceedings before the state mining tribunal shall be deemed to be judicialproceedings within the meaning of sections 193, 219 and 228, and for the purposes of section 196 of the indian penal code and the tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 197310| ( ||--------------------------------------------------------------------------------------------|| orders as it deems fit and provide such relief as may be desirable, including the award of || such punitive damages, as it deems fit, to the affected party at issue |(7) every order made by the state mining tribunal, under sub-section (6) shall be signed by the chairperson or member or members who heard the case and passed the order15application to state mining tribunal100 (1) every application to the state mining tribunal against an order of the stategovernment or an authority of the state government, shall be filed within a period of ninety days from the date on which a copy of the order made by the state government, is received by the aggrieved party, and it shall be in such form and be accompanied by such fee as may be prescribed by the state government:20provided that the state mining tribunal may entertain an application after the expiryof the said period of ninety days if it is satisfied, for reasons to be recorded that there was sufficient cause for not filing it within that period25| ( | 2 | ) where an application before the state mining tribunal is found to be frivolous or ||-------------------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------------|| vexatious, it shall, for reasons to be recorded in writing, dismiss the application and make an | | || order that the applicant has to pay to the respondent such costs as may be specified in the | | || order | | || appeal to | | || high court | | || 5 of 1908 | | || 101 | ( | 1 || in any other law for the time being in force, an appeal shall lie against any order, not being | | || an interlocutory order, of the state mining tribunal to the high court on one or more | | || grounds specified in section 100 of that code | | || 30 | | || ( | 2 | ) no appeal shall lie against any decision or order made by the state mining tribunal || with the consent of the parties | | | chapter xiii co-ordination committees and national repositories35102 (1) the central government shall, by notification, constitute a central coordination-cum-empowered committee consisting of representatives of the central government and the state governments to achieve the objects of the actcentral coordinationcum- empowered committee(2) the functions of the central coordination-cum-empowered committee shall be such as may be notified40(3) without prejudice to the provisions of the foregoing, the central coordinationcum-empowered committee may consider and make recommendations regarding any of the following, namely:—(a) improvement in procedure for grant of mineral concessions;45(b) coordination among agencies entrusted with according statutory clearances; (c) maintenance of internet-based databases including a mining tenementregistry;(d) development, implementation and evaluation of sustainable developmentframeworks; and(e) prevention and detection of illegal mining(4) the central coordination-cum-empowered committee shall meet at least once in three months5state coordinationcum- empowered committee103 (1) the state government shall by notification constitute a state coordinationcum-empowered committee with representatives of the concerned departments of state government and local representative of central organisations such as railways, highways, ports and customs, headed by chief secretary or additional chief secretary of the state government;(2) the function of the state coordination-cum-empowered committee shall be,—(i) to oversee clearance by various departments of the state government necessary to ensure timely grant of mineral concessions;10(ii) review of activities in and around leased areas pursuant to the corporate social responsibility document;(iii) to monitor implementation of sustainable development framework and final mine closure plans;15(iv) coordination of operations for prevention, detection and prosecution of cases of illegal mining; and(v) any other functions as may be prescribed by the state government (3) the state coordination-cum-empowered committee shall meet at least once in two months20national repositories104(1) the central government may, by notification, establish a national drill core repository for preservation and archiving of drill cores generated during mineral exploration and a national geophysical data repository for holding, authenticating and disseminating geophysical data for the purposes of this act25(2) the repositories shall be managed and maintained in such manner as may be prescribed by the central government(3) the holder of any mineral concession shall, at his own expense, cause to be deposited,—(a) a representative portion of cores selected with the national drill core repository; and30(b) all geophysical data collected by him during or part of his reconnaissance, exploration and prospecting operation, with the national drill core repository and national geophysical data repository respectively, in such manner as may be prescribed by the central government35(4) the central government shall prescribe the procedure for making available data from the repositories to interested persons on such charges as may be prescribed by it:provided that the repositories, referred to in sub-section (3) shall not disclose information with respect to any drill core or any geophysical data received by it under this section till after lapse of six months from the date of termination of the mineral concession, or relinquishment of the area from which the drill core has been drawn or geophysical data has been generated40 chapter xiv special courtsconstitution of special courts45105(1) the state government may, for the purposes of providing speedy trial of offences referred to in sections 110, 111, 112 and 113 by notification, constitute as many special courts as may be necessary for such area or areas, as may be specified in the notification(2) a special court shall consist of a single judge who shall be appointed by the state government with the concurrence of the high court(3) a person shall not be qualified for appointment as a judge of a special court unless he was, immediately before such appointment, of the rank of at least an additional district and sessions judge5(4) where the office of the judge of a special court is vacant, or such judge is absentfrom the ordinary place of sitting of such special court, or he is incapacitated by illness or otherwise in the performance of his duties, any urgent business of the special court shall be disposed of in accordance with the direction of the district and sessions judge having jurisdiction over the ordinary place of sitting of the special court, as notified under subsection (1):10provided that the high court of the state may, in case it is necessary or expedient todo so, direct that any business of the special court as may be specified shall be disposed of by any other special court or person qualified to be a judge of a special courtprocedures and powers of special courts2 of 1974106 (1) notwithstanding anything contained in the code of criminal procedure,1973, every offence punishable under sections 110, 111, 112 and 113 of this act shall be triable only by the special court within whose jurisdiction such offence has been committed15(2) where it appears to any court in the course of any inquiry or trial that an offenceis punishable under sections 110, 111, 112 and 113 of this act it shall transfer such case to such special court having jurisdiction, and thereupon the case shall be tried and disposed of by such special court in accordance with the provisions of this act:20provided that it shall be lawful for such special court to act on the evidence, if any,recorded by any court in the case of presence of the accused before the transfer of the case to such special court:25provided further that if such special court is of opinion that further examination,cross-examination and re-examination of any of the witnesses whose evidence has already been recorded, is required in the interest of justice, it may re-summon any such witness and after such further examination, cross-examination or re-examination, if any, as it may permit, the witness shall be discharged2 of 197430(3) the special court may, notwithstanding anything contained in sub-section (1) ofsection 260 or section 262 of the code of criminal procedure, 1973, try the offence referred to in sections110, 111, 112, and 113 of this act in a summary way in accordance with the procedure prescribed in the said code and the provisions of sections 263 to 265 of the said code shall, so far as may be, apply to such trial:35provided that where in the course of a summary trial under this sub-section, it appears to the special court that the nature of the case is such that it is undesirable to try such case in a summary manner, the special court shall recall any witness who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the said code for the trial of such offence:provided further that in case of any conviction in a summary trial under this section, it shall be lawful for a special court to pass a sentence of imprisonment for a term not exceeding five years40 452 of 1974(4) a special court may, with a view to obtaining the evidence of any person supposedto have been directly or indirectly concerned in or privy to, any offence tender pardon to such person on condition of his making a full and true disclosure of the circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of section 308 of the code of criminal procedure,1973, be deemed to have been tendered under section 307 thereof50(5) the special court may determine the civil liability against a person in terms ofmoney for raising, transporting or causing to be raised or transported without any lawful authority any mineral from any land, which shall not be less than an amount equivalent to two times of the value of mineral and the amount of liability so determined shall be recovered as if it were a decree of civil court(6) the civil liability so determined finally by the special court shall be payable to the state government or to the person in whom the mineral vests, as the case may be5explanation—for the purposes of this section, civil liability means loss or damage incurred by the state government or concerned authorities, as the case may be, due to the commission of an offence, under sections 110, 111, 112 and 1132 of 1974special court to have powers of court of sessions107 save as otherwise provided in this act, the code of criminal procedure, 1973, inso far as they are not inconsistent with the provisions of this act, shall apply to the proceedings before the special court, and the special court shall be deemed to be a court of session and shall have all powers of a court of session and the person conducting a prosecution before the special court is deemed to be a public prosecutor10appeal and revision2 of 1974108 the high court may exercise, so far as may be applicable, all the powers conferredby chapters xxix and xxx of the code of criminal procedure, 1973, as if the special court within the local limits of the jurisdiction of the high court is a district court, or as the case may be, the court of session, trying cases within the local limits of jurisdiction of the high court15review20109 the special court may, on a petition or otherwise and in order to preventmiscarriage of justice, review its judgment or order passed under this section, but no such review petition shall be entertained except on the ground that it was such order passed under a mistake of fact, ignorance of any material fact or any error apparent on the face of the record:provided that the special court shall not allow any review petition and modify or set aside its previous order or judgment without hearing the parties affected chapter xv offences and penalties25110 (1) whoever contravenes any of the provisions of section 4, shall be punished with imprisonment for a term which may extend to,—(i) in cases of exploration without licence, two years, or with fine which may extend to twenty-five thousand rupees per hectare or part thereof subject to a maximum of fifteen lakh rupees in the case of prospecting, or with both;30punishment for reconnaissance, prospecting and mining operations without licence orlease(ii) in cases of mining without a lease, three years, or with fine which mayextend to ten times the value of the mineral mined, or with both35penalty for nonimplementation of final mine closure plan111 a lessee, who fails to implement a final mine closure plan in accordance with theprovisions of this act, or, abandons the mine or any portion of the mining lease area, which is likely to be a danger to the health and safety of the inhabitants of the area, shall be liable to a penalty which may extend to one thousand rupees per day per hectare for the period of such default40112 (1) whoever disobeys any direction given by the state government or theindian bureau of mines or any other authority empowered in this behalf under this act or any other law for the time being in force shall be liable to a penalty which may extend to ten thousand rupees per day for the period of such disobediencepenalty for disobeying direction of state government, etc(2) any person who fails to comply with the directions of the state government undersub-section (4) of section 30, shall be liable to be punished with imprisonment for a term not less than three yearspenalty45113 whoever contravenes any provision of this act or the rules made thereundershall, if no penalty is provided elsewhere be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both, and in the case of continuing contravention, with an additional fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contravention5recovery, seizure, etc, of minerals raised by any person without lawful authority114 (1) whenever any person raises, without any lawful authority, any mineral from any land, without prejudice to any other action under the law for the time being in force, the state government may recover from such person, or from such other person to whom the mineral may have been transferred, the mineral so raised, and the cost of its disposal or, where such mineral has already been disposed off, the price of the mineral so disposed off, and may also recover from such person the rent, royalty, tax or cess, as the case may be, for the period during which the land was occupied by such person without such lawful authority10(2) whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, any officer empowered by the central government or the state government, as the case may be, by general or special order in this behalf may seize such mineral, tool, equipment, vehicle or any other thing, and the court having jurisdiction may order the confiscation and disposal of any such mineral, tool, equipment, vehicle or any other thing so seized15offences by companies115 (1) if the person committing an offence under this act or any rules made thereunder is a company, every person who at the time the offence was committed was directly in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of offence and be liable to be proceeded against and punished accordingly:20provided that nothing contained in this sub-section shall render any such personliable to any punishment, if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence25(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by the company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and be liable to be proceeded against and punished accordinglyexplanation— for the purposes of this section,—30(a) "company" means any body corporate and includes a firm or co-operativeor other association of individuals; and(b) "director" in relation to a firm means a partner in the firmcognizance of offences by courts35116 no court shall take cognizance of any offence punishable under this act or anyrules made thereunder except upon a complaint in writing made by a person authorised in this behalf by general or special order of the central government or the state government, as the case may becompouding of offences40117 (1) any offence punishable under this act or any rule made thereunder whichprovides for imprisonment may, either before or after the institution of prosecution, be compounded by the person authorised under section 116 to make a complaint to the court with respect to that offence, on payment to that person, for credit to the government, of such sum as the compounding fee at such rate as may be prescribed which shall not exceed five times the maximum rate of the fine for the offence(2) where an offence is compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwith45recovery of certain sums as arrears of land revenue50118 (1) any rent, royalty, tax, cess, fee or other sum due to the government eitherunder this act or any rule made thereunder or under the terms and conditions of any nonexclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or mining lease may, on a certificate of such officer as may be specified by the state government in this behalf by general or special order, be recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the government on or after the commencement of this act, together with the interest duethereon shall be a first charge on the assets of the holder of the non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or mining lease, as the case may be:5provided that in respect of a mineral concession relating to a land in which the mineralvests in a private person, such sum may also be recovered in the same manner from such personineligibility for grant of mineral concession10119 (1) any director, manager, secretary or other officer of the company, or any otherperson convicted of an offence punishable under this act, or a company or its director, manager, secretary or any other person punishable with fine under this act, such companyor its director, manager, secretary or other officer or any other such person shall be ineligible for the purpose of grant of any mineral concession under this act for a period of five years from the date of conviction, or imposition of fine, as the case may be15(2) if any person convicted of an offence under sections 110, 111, 112 and 113 of this act holds a mineral concession under this act at the time of such conviction, the state government, having regard to the nature and gravity of the offence, may cancel or determine any or all such mineral concessions:provided that in respect of a mineral concession relating to land the minerals of whichvest in a private person, the government may direct such person to determine the lease:provided further that no such order shall be made without giving an opportunity ofbeing heard to the person holding the mineral concession and recording reasons:20provided also that provisions of sub-section (3) of section 30 shall, mutatis mutandis,apply to every such case under this sectionpunishment for vexatious complaints25120 whoever files any written complaint, referred to in of sub-section (1) of section69, to the national authority which is found to be frivolous or vexatious, shall be punishable with fine which may extend to fifty thousand rupeespunishment for violation of directions of national authority121 whoever violates the directions of the national authority issued under subsection (4) of section 68, shall be punishable with a fine which may extend to five thousandrupees and in case of second or subsequent offence with a fine which may extend to ten thousand rupees and in the case of continuing contravention with an additional fine which may extend to ten thousand rupees for every day during which the default continues30122 whoever, obstructs an investigation officer or the investigating authority exercising the power of the investigation officer, in the exercise of his power or discharge of his duties under this act or the rules made thereunder, shall be punishable with imprisonment for a term which may extend to two years or with fine or with bothpunishment for obstructing investigation officer or investigation authority chapter xvi35 miscellaneouspower of entry and inspections40123 (1) for the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose connected with this act or the rules made thereunder, any person authorised by the indian bureau of mines or the state directorate and in the case of coal minerals by the central government in this behalf by general order, may,—(a) enter and inspect any mine; (b) survey and take measurements in any such mine;45(c) weigh, measure or take measurements of the stocks of minerals lying at any mine;(d) examine any document, book, register, or record in the possession or power of any person having the control of, or connected with, any mine and place marks of identification thereon, and take extracts from or make copies of such document, book, register or record;(e) order the production of any such document, book, register, record, referred to in clause (d); and(f) examine any person having the control of, or connected with, any mine521 of 2000explanation—for the purposes of this sub-section, the expression "record" includes any electronic record as referred to in clause (t) of section 2 of the information technology act, 200045 of 186010(2) every person authorised by the indian bureau of mines or the state directorate and in the case of coal minerals by the central government under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the indian penal code and every person to whom an order or summons is issued by virtue of the power conferred by clause (c) or clause (f) of sub-section (1) shall comply with such order or summons, as the case may bepower to search, enter and inspect152 of 1974124 (1) if any officer of the central government or a state government authorised by the central government or a state government, as the case may be, in this behalf by general or special order has reason to believe that any mineral has been raised in contravention of the provisions of this act or the rules made thereunder or any document or thing in relation to such mineral is secreted in any place or vehicle, he may search for such mineral, document or thing and the provisions of section 100 of the code of criminal procedure, 1973 shall apply to every such search20(2) for the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose connected with this act or the rules made thereunder, any person authorised by the central government or a state government, as the case may be, in this behalf by general or special order, may,—(a) enter and inspect any mine or mining operations or mineral bearing area; (b) survey and take measurements in any such mine or area;25(c) weigh, measure or take measurements of the stocks of minerals lying at anymine;30(d) examine any document, book, register, or record in the possession or power of any person having the control of, or connected with, any mine or mining operations and place marks of identification thereon, and take extracts from or make copies of such document, book, register or record;(e) order the production of any such document, book, register, record, as is referred to in clause (d); and35(f) examine any person having the control of, or connected with, any mine or mining operations21 of 2000explanation—for the purposes of this section, the expression "record" includes electronic record as referred to in clause (t) of section 2 of the information technology act,20004045 of 1860(3) every person authorised by the central government or a state government, as the case may be, under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, and every person to whom an order or summons is issued by virtue of the power conferred by clause (c) or clause (f) of that subsection shall comply with such order or summons, as the case may beexplanation—for the purposes of this section, the expression "mining operations"includes any activity relating to the raising of any mineral, whether licenced or not45declaration of a mineral as a major mineral125 the central government may, by notification, declare any mineral, or any grade thereof as a major mineral for all or any specified purpose or omit any mineral from the list of major minerals, and upon doing so, the first schedule to the act shall be deemed to have been amendedaccreditation of agencies5126 the central government may prescribe the qualifications and conditions of accreditation of agencies authorised to prepare feasibility studies in accordance with the provisions of the united nations framework classification adopted and notified by the central government for the purposes of this act or any other notified code of practice including preparation of mining plans, mine closure plans and plans under sustainable development framework, and the indian bureau of mines shall function as the accreditation grant agency for the purpose10127 (1) it shall be the duty of the indian bureau of mines or any authority of the central government as may be designated in respect of coal and atomic minerals, to render such assistances as may be required by the state government to ensure that mining activities are regulated in accordance with the provisions of this actspecial provisions to deal with certain contingencies15(2) where the indian bureau of mines or authority designated under sub-section (1), on the basis of information available to it is of the opinion that the provisions of this act and the rules made thereunder are not being complied with and that illegal or unscientific mining is going on in any state, the indian bureau of mines or such authority shall make a report to this effect to the central government, and the central government may issue such direction as it may consider necessary to the state government, relating to all or any of the following matters, namely:—| ( | a | ) investigation and prosecution of offences; ||-----|-----|--------------------------------------------------|| ( | b | ) seeking revocation of mineral concessions; and || 20 | | |(c) any measures to strengthen the administrative machinery for better regulation of mining in accordance with the provisions of act25(3) where it appears to the central government that the directions referred to in subsection (2) have not been complied with or where it appears that despite the purported compliance of the directions further steps are necessary, the central government may direct the authority referred to in sub-section (2), for—(a) making written complaints under section 69 for the investigation and prosecution of offences;(b) revocation of mineral concessions in accordance with the provisions of the act; and30(c) any other measures as may be deemed fit in the circumstancesapproval of central government to state government35128 where in any case previous approval of the central government is required under this act or the rules made thereunder, the request for such approval shall be made to the central government by the state government along with the recommendations of the state government on the matters for which the prior approval of the central government is sought, and all facts relevant to the matter on which such approval is soughtbar of jurisdiction40129 no civil court shall have jurisdiction to entertain any suit or proceedings inrespect of any matter which the special court or the national mining tribunal and the state mining tribunal is empowered by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this actdelegation of powers130 (1) the central government may, by notification, direct that any power exercisableby it under this act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be also exercisable by,–(a) such officer or authority subordinate to the central government; or45(b) such state government or such officer or authority subordinate to a stategovernment,as may be specified in the notification(2) the state government may, by notification may, direct that any power exercisableby it under this act may, in relation to such matters and subject to such conditions, if any,50as may be specified in the notification, be exercisable also by such officer or authority subordinate to the state government as may be specified in the notification(3) any rule made by the central government under this act may confer powers and impose duties or authorise the conferring of powers and imposition of duties upon any state government or any officer or authority subordinate thereto5131 (1) the central government may, by notification, make rules for carrying out the provisions of this actpower of central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—10(a) the form and manner of application to be made to the state governmentsalong with application fee and earnest money under sub-section (5) of section 4;(b) the manner of grant of mining lease for atomic minerals by the stategovernment under sub-section (9) of section 4;15(c) the manner of publication of the report of the reconnaissance or prospectingoperations and the manner of intimation of the same to the state government under sub-section (10) of section 4;(d) the manner in which a person is to be registered with indian bureau ofmines or the state directorate or any other agency authorised by the central government under sub-section (1) of section 5;20(e) identification of mineral or group of associated minerals for the purpose ofgranting of high-technology reconnaissance-cum-exploration licences under sub-section (1) of section 6;(f) the manner of surrender of area out of licence by the holder of a non- exclusivereconnaissance licence, high-technology reconnaissance-cum-exploration licence and prospecting licence under sub-section (5) of section 6;25(g) procedure and condition for grant of mining lease for small deposits undersub-section (6) of section 6;(h) the manner of approval of mining plan for extension of mining lease undersub-section (6) of section 7;30(i) the manner, terms and conditions in which competitive bidding and auctionfor coal minerals to take place under sub-section (6) of section 8;(j) the manner of making available the data relating to the grant, extension,termination and plan of operations in the official website under sub-section (8) ofsection 8;35(k) the manner of evaluation of bids under sub-section (7) of section 13; (l) the manner of inviting applications in grant of mineral concessions for coalminerals under sub-section (9) of section 13;(m) the procedure for notifying an area for inviting applications for major mineralsand grant of mineral concessions under sub-section (12) of section 13;40(n) the amount of fee to be charged by the state governments for transfer of themineral concession under sub-section (6) of section 17;(o) the manner of payment of remaining amount of bid to the state governmentunder clause (b) of sub-section (3) of section 18;45(p) the additional fee to be fixed by the central government under the provisoto clause (b) of sub-section (3) of section 18;(q) the other particulars for transfer of mining lease in clause (e) ofsub-section (4) of section 18;(r) the fee to be charged for transfer of mining lease in case of a major mineral under sub-section (9) of section 18;(s) the manner of submission of reconnaissance plan under clause (b) of subsection (1) of section 19;5(t) the manner of providing data by the licence holder within such intervals under clause (c) of sub-section (1) of section 19;(u) the manner of submitting reports by the licence holder within such intervals under clause (f) of sub-section (1) of section 19;(v) the other conditions for grant of non-exclusive reconnaissance licence under clause (l) of sub-section (1) of section 19;10(w) the general conditions relating to the non-exclusive licence under subsection (2) of section 19;(x) the form and manner of application to be made to the state governments along with application fee and earnest money under sub-section (1) of section 20;15(y) the manner of acknowledging and registering of applications under subsection (2) of section 20;(z) conditions for high-technology reconnaissance-cum-exploration licence and prospecting licence to be fulfilled by the licence holder under sub-section (1) of section 21;20(za) the form and manner of application to be made to the state governments for grant of high-technology reconnaissance-cum-exploration licence and prospecting licence along with application fee and earnest money under sub-section (1) of section 22;25(zb) the manner of acknowledging and registering of applications under subsection (2) of section 22;(zc) the manner of submission of report relating to the prospecting operations by the holder of high-technology reconnaissance-cum-exploration licence and a prospecting licence to the state government under sub-section (2) of section 23;(zd) the particulars to be furnished by the lessee relating to mining lease under clause (f) of sub-section (1) of section 24;30(ze) the manner and period of submission of report relating to the data relating to mining lease under sub-section(1) of section 24;(zf) the manner of restoration of a mining area under clause (l) of sub-section (1)of section 24;35(zg) the amount of security deposits to be paid by the lessee under clause (n) of sub-section (1) of section 24;(zh) the manner of setting up of a grievance redressal mechanism by the lessee under clause (o) of sub-section (1) of section 24;40(zi) conditions for mining to be fulfilled by the lessee under clause (p) of subsection (1) of section 24;(zj) the manner of acknowledging and registering of applications under subsection (2) of section 25;(zk) general conditions to be fulfilled for grant of mining lease under subsection (3) of section 25;(zl) the manner of preparation of a mining plan under section 26;45(zm) empanelment and accreditation of qualified persons for preparation ofmining plan under sub-sections (4) and (5) of section 26;(zn) technical and management capability of the state directorate for grant of approval for major minerals under sub-section (6) of section 26;(zo) the manner of extension of mining lease under sub-section (1) ofsection 28;5(zp) the procedure for condoning delay and revival or commencement or recommencement of mining operations under sub-section (4) of section 29;(zq) conditions for determination of mining lease under sub-section (1) ofsection 30;10(zr) the manner of providing compensation to the lessee under sub-section (2)of section 31;(zs) the manner of preparation of progressive mine closure plan and final mineclosure plan under section 32;(zt) the manner of determination of costs of mine closure under sub-section (4)of section 33;15(zu) the method of calculation for the payment to be made by the lessee for coalminerals under the proviso to sub-section (2) of section 43;(zv) the manner of registration of person or company or firm or associationusing or trading in or exporting or stocking mineral with the indian bureau of mines under sub-section (5) of section 44;(zw) sustainable development framework under sub-section (6) of section 46;20(zx) matters in which state government may issue directions under section 47; (zy) the manner and availability of reports to such persons and at such costsunder sub-section (7) of section 48;(zz) maintenance of accounts in respect of national mineral fund under subsection (1) of section 52;25(zza) the other expenditure utilised for the district mineral foundation undersub-section (6) of section 56;(zzb) the manner of approving such other expenditure available with the districtmineral foundation under clause (c) of sub-section (2) of section 57;30(zzc) the salary and allowances payable to and other terms and conditions ofservice of the chairperson and members of the national authority under sub- section (3) of section 62;(zzd) the procedure for conducting any inquiry under sub-section (2) ofsection 64;35(zze) the manner of appointment of the officers and other employees of thenational authority under sub-section (2) of section 67;(zzf) the salary and other allowances payable to, and the other terms andconditions of service of, the officers and other employees of the national authority under sub-section (4) of section 67;40(zzg) qualifications for appointment of investigation officer under sub-section(4) of section 69;(zzh) the salary and other allowances payable to and other terms and conditionsof service of the chairperson and other members of the national mining tribunal under sub-section (3) of section 79;45(zzi) the manner of removal of chairperson or any member of the nationalmining tribunal under sub-section (2) of section 81;(zzj) the manner of recruitment, salaries, allowances and conditions of serviceof officers and other employees of national mining tribunal under section 84;(zzk) the other powers of national mining tribunal under section 85;5(zzl) the form and manner of application to national mining tribunal along with application fee under section 86;(zzm) the manner of managing the national repositories and the data under sub-section (2) of section 104;(zzn) the rate of compounding fee for credit to the government under subsection (1) of section 117; and(zzo) any other matter which is to be, or may be prescribed under this act10power of state government to make rules132 (1) the state government may, by notification, make rules for carrying out the provisions of this act(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—15(a) the manner of publication of data that would be available to the general public under the proviso to sub-section (10) of section 4;(b) the manner of making available the data on mineral concessions to the public under sub-section (8) of section 8;20(c) the procedure for notification for grant of mineral concession of minor mineral under sub-section (13) of section 13;(d) the manner in which a notification may be issued for inviting competitive financial bids under sub-section (2) of section 18;(e) the fee to be charged for the transfer of the mining lease in case of a minor mineral under sub-section (7) of section 18;(f) the rate and in the manner of levy of surface rent and water rate under clause(e) of sub-section (1) of section 24;25(g) the manner of payment of compensation to the owner of surface, usufruct and traditional rights under sub-section (1) of section 43;(h) the amount to be paid by the holder of the mining lease to the district mineral foundation in case of minor minerals under sub-section (2) of section 43;30(i) the manner of identification of the persons or families affected by mining related operations, determination of monetary benefit to each person or family and monitoring mechanism under sub-section (10) of section 43;(j) the manner of administration of state mineral fund under sub-section (3) of section 53;35(k) the manner of audit of state mineral fund under section 55; (l) the manner of constitution of district mineral foundation under sub-section(1) of section 56;40(m) the manner of consultation with affected persons or families undersub-section (1) of section 57;(n) the manner of preparation of annual statement of accounts by district mineralfoundation and audit under sub-section (6) of section 57;(o) the manner of composition and procedures of state authority undersection 71;(p) the terms of office, salaries and allowances of the chairperson and membersof state mining tribunal under sub-section (3) of section 93;45(q) the manner of removal of chairperson or any member of the state miningtribunal under sub-section (2) of section 95;(r) the manner of recruitment, salaries, allowances and conditions of service ofofficers and other employees of state mining tribunal under section 98;(s) the other powers of the state mining tribunal under section 99;(t) the form and manner of application to state mining tribunal along with application fee under section 100;(u) the other functions of state coordination-cum-empowered committee under section 103; and(v) any other matter which is to be, or may be prescribed under this act5laying of rules10133 (1) every rule made under this act, and notification issued under sub-section (3)of section 41, sub-section (3) of section 42 and section 125 of this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule or notification15(2) every rule made by the state government under this act and notification issued under sub-section (4) of section 41 and sub-section (4) of section 42 shall be laid as soon as may be, after it is made, before the state legislature, where it consists of two houses, or where such legislature consists of one house, before that house2045 of 1860134 the chairperson and other members and the officers and other employees of the national mining regulatory authority, national mining tribunal, state mining regulatory authority and state mining tribunal are deemed to be the public servants within the meaning of section 21 of the indian penal codemembers and staff of tribunals to be public servants135 the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other laws for the time being in force25application of other laws not barred136 no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this actprotection of action taken in good faithtransitory provisions67 of 1957137 (1) all applications received under the mines and minerals (development and regulation) act, 1957, as it stood before its repeal,—30(i) for grant of prospecting licence or a mining lease after completing explorationunder a reconnaissance permit or a prospecting licence, as the case may be; or(ii) for which prior approval of the central government for grant of mineralconcessions, has been given; or35(iii) where a letter of intent (by whatever name it is called) has been issued bythe state government to grant reconnaissance permit or prospecting licence or mining lease, as the case may be, and was pending grant of the concession under this act for fulfilment of the conditions of the letter of intent,40and the application for grant of the mineral concessions is pending with the state government at the time of commencement of this act shall be processed in accordance with the provisions of this act for grant of concession:provided that the state government may impose special conditions relating to payment of application fee, licence fee, security, at the time of grant of mineral concession to the holder of application considered under this sub-section to comply with the provisions of this act45explanation—for the purposes of this sub-section, it is hereby clarified that in caseof an application for reconnaissance permit considered under this act, in terms of this subsection, the state government shall grant a non-exclusive reconnaissance licence(2) in case of such area, where applications for grant of prospecting licence or mining lease received before the commencement of this act have become ineligible in terms of the provisions of the act, the area applied for under such applications shall be notified by the state government for inviting applications in accordance with the provisions of section 13 for prospecting or for mining, as may be appropriate, having regard to the available evidence of mineralisation:5provided that notwithstanding anything contained in section 13, the state government may amalgamate areas or expand areas covered by such applications in the interest of scientific mining and may invite applications within a period of twelve months from the date of the commencement of this act:10provided further that in case no notification is issued within the period specified in the first proviso, the area shall be made available, subject to the provisions of sub-section (5), for grant of prospecting licence under the provisions of section 2267 of 195715(3) applications for renewal of mineral concessions made under the mines and minerals (development and regulation) act, 1957, as it stood before its repeal, and pending on the date of commencement of this act shall be disposed off as applications for extension in accordance with the provisions of this act20(4) a person, who holds a reconnaissance permit prior to the commencement of this act, shall be entitled to continue to hold the permit to the exclusion of all others for a period of two years or till the validity of the permit whichever is earlier, and during such period no other reconnaissance or high-technology reconnaissance-cum-exploration licence applications shall be entertained for the area covered by the reconnaissance permit, and the permit holder shall be deemed to be the holder of a non- exclusive reconnaissance licence for the purpose of sub-section (6) of section 2225(5) no application for prospecting licence shall be entertained by the state government for a period of two years from the date of the commencement of this act in respect of major minerals (except coal minerals and atomic minerals), other than such applications made in accordance with the provisions of sub-section (7) of section 22, unless the state government, by notification, invites applications for grant of prospecting licences:provided that the state government may invite applications in different districts of the state on different dates:30provided further that the central government may extend the period specified in this sub-section for a period not exceeding one year by notification for reasons of scientific mining or proper regulation of mineral development on a request from the state governmentrepeal and saving67 of 1957138 (1) the mines and minerals (development and regulation) act, 1957, is hereby repealed3567 of 1957(2) all rules made under the mines and mineral (development and regulation) act,1957, as it stood before its repeal, not inconsistent with the provisions of this act, are deemed to have been made under this act where such rules were made and shall continue in force unless and until they are superseded or amended by any rules made under this act67 of 195740 45(3) all acts done, proceedings taken or notifications or orders issued and sentences passed under the mines and minerals (development and regulation) act, 1957, as it stood before its repeal, shall be valid and operative as if they had been done, taken, passed or issued in accordance with the provisions of this act, and no suit or other legal proceeding shall be maintained or continued against any person whatsoever, on the ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with the provisions of this act(4) notwithstanding such repeal, any act done or order passed under that act are deemed to have been done or passed under this act except to the extent that such act or order is inconsistent with the provisions of this act5010 of 1897(5) the mention of particular matters in sub-section (4) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897, with regard to the effect of repealpower to remove difficulties139 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for the purpose of removing the difficulty:5provided that no such order shall be made under this section after the expiry of aperiod of two years from the date of the commencement of this act the first schedule(see section 3(a), (c), ( f ), (p), (m) and section 125) major minerals part a coal minerals51 coal and lignite part b atomic minerals1 beryl and other beryllium-bearing minerals 2 lithium-bearing minerals103 monazite and other thorium ore minerals, including thorium (monazite) bearingtailings left over from ores or beach sand mineral deposits after extraction of ilmenite or other heavy minerals4 niobium-bearing minerals5 phosphorites and other phosphatic ores containing uranium6 rare earth minerals 7 tantalum-bearing minerals158 uranium, pitchblende and other uranium ore minerals, including uraniumbearing tailings left over from ores after extraction of copper and gold9 zirconium bearing minerals and ores including zircon part c beach sand minerals1 titanium ore and concentrates (ilmenite, rutile and leucoxene)20 part d other major minerals25 30 35 401 asbestos 2 andalusite 3 antimony 4 agate 5 alexandrite 6 apatite 7 ball clay 8 bauxite 9 barytes10 calcite 11 cadmium 12 chalk 13 china clay or kaolin 14 clay (others including white shale and white clay) 15 chromite 16 cobalt ore 17 copper ore 18 corundum 19 diamond 20 diaspore5101520 25303540 4521 dolomite 22 dunite 23 emerald 24 felspar 25 felsite 26 fireclay (including plastic, pipe, lithomargic and natural pozzolanic clay) 27 fluorite (fluorspar) 28 garnet (abrasive and gem) 29 gold ore 30 graphite 31 gypsum 32 iron ore (including banded iron formations) 33 jasper 34 kyanite 35 laterite 36 lead ore 37 limekankar ( but other than notified as minor minerals) 38 limeshell ( but other than notified as minor minerals) 39 limestone ( but other than notified as minor minerals) 40 magnesite 41 manganese ore 42 marl 43 mica 44 molybdenum ore 45 nickel ore 46 ochre 47 opal 48 perlite 49 phosphorite or rock phosphate50 potash51 pyrites 52 pyrophyllite 53 pyroxenite 54 quartz 55 quartzite (including fulschite but other than notified as minor minerals) 56 rock salt 57 ruby 58 sapphire 59 silica sand moulding sand ( but other than notified as minor minerals) 60 selenite 61 shale (but other than notified as minor minerals) 62 sillimanite 63 silver ore 64 slate (but other than notified as minor minerals) 65 steatite or talc or soapstone 66 sulphur (native) 67 tin ore568 tungsten ore 69 vanadium ore 70 vermiculite 71 wollastonite 72 zinc ore 73 any other mineral with industrial use not listed above (but other than notifiedminor minerals) the second schedule(see sub-sections (2) and (3) of section 41) rates of royalty1apatite and rock phosphate5(i)apatite (all grades):five per cent of sale price on advalorem basis(ii)rock phosphate :| ( | a | ) above 25 ||----------------|-----------------------------------|----------------|| per cent p2o5 | eleven per cent of sale price on | || ad valorem | basis | || 10 | | || ( | b | ) up to 25 per || cent p2o5 | six per cent of sale price on | ad || valorem | basis | |2asbestos:15(a)chrysotileeight hundred eighty rupees pertonne(b)amphibolefifteen per cent of sale price onad valorem basis3barytesfive and half per cent of sale price on ad valorem basis20 254bauxite and laterite(a)zero point five zero per cent oflondon metal exchangealuminium metal price chargeable on the contained aluminium metal in ore produced for those despatched for use in alumina and aluminium metal extraction30(b) twenty five per cent of sale priceon ad valorem basis for thosedespatched for use other than alumina and aluminium metal extraction and export5brown ilmenitetwo per cent of sale price on ad(leucoxene),valorem basisilmenite, rutile and zircon356 cadmiumfifteen per cent of sale price on ad valorem basis7calcitefifteen per cent of sale price on ad valorem basis408china clay/kaolin (including ball clay, white shale and white clay):| ( | a | ) | crude | eight per cent of sale price on | ad ||---------|---------|----------------------------------|------------------------------|-------------------------------------|------|| valorem | basis | | | | || ( | b | ) | processed (including washed) | ten per cent of sale price on | ad || valorem | basis | | | | || 5 | | | | | || 9 | chromit | ten per cent of sale price on a | d | | || valorem | basis | | | | | 10 coal and lignite :a coal produced in all states and union territories except the state of west bengal (1) royalty on coal:10the rates of royalty, which shall be a combination of specific and ad valorem rates of royalty which shall be as follows:r (royalty rupees tonnes) = a+bp15where 'p' (price) shall mean basic pithead price of rom (run-of-mine) coal and lignite as reflected in the invoice, excluding taxes, levies and other charges and the values of 'a' (fixed component) and 'b' (variable or ad valorem component) would be as follows:| group | grade of coal | royalty on coal in rupees per tonne ||--------------------------------------------------|---------------------------------------------------|--------------------------------------------------|| group-i | steel gri | a = rs18000 || steel grii | b = 5 per cent | || washery-i | ie rs180 + 5 per cent where 'p' (price) shall | || 20 | | || direct feed | mean basic pithead price of rom (run-of-mine) | || coal and lignite as reflected in the invoice, | | || excluding taxes, levies and other charges | | || group-ii | washery-ii | a=rs13000 || washery-iii | b = 5 per cent | || 25 | | || semi coking gri | ie rs130 + 5 per cent where 'p' (price) shall | || mean basic pithead price of rom (run-of-mine) | | || coal and lignite as reflected in the invoice, | | || excluding taxes, levies and other charges | | || semi coking grii | | || 30 | | || grade a | | || grade b | | || group-iii | washery-iv | a=rs9000 || grade c | b = 5 per cent | || 35 | | || ie rs90 + 5 per cent where 'p' (price) shall | | || mean basic pithead price of rom (run-of-mine) | | || coal and lignite as reflected in the invoice, | | || excluding taxes, levies and other charges | | || group-iv | grade d | a=rs7000 || 40 | | || grade e | b = 5 per cent | ie rs70 + 5 per cent where 'p' (price) shall || mean basic pithead price of rom (run-of-mine) | | || coal and lignite as reflected in the invoice, | | || excluding taxes, levies and other charges | | || group-v | grade f | a=rs5500 || grade g | b = 5 per cent | |ie rs55 + 5 per cent where 'p' (price) shall mean basic pithead price of rom (run-of-mine) coal and lignite as reflected in the invoice, excluding taxes, levies and other charges(2) royalty on lignite:5a = rs4500 b = 2 per cent10ie rs45 + 2 per cent of basic pithead price of rom (run-of-mine) coal lignite as reflected in the invoice excluding taxes, levies and other charges(3) royalty on middlings:(i) useful heat value>1300 rate applicable to corresponding grade of coal (based on useful heat value);15(ii) useful heat value=<1300 a=rs45 b=5 per cent of priceie rs45 + 5 per cent of existing actual involve price (excluding taxes and other levies)20the royalty shall not be charged on such middlings or rejects wherein royalty has been charged on raw coal price to its washing in order to avoid double charging of royalty(4) adjustment of royalty against levying of cess:25for states other than west bengal that levy cess or other taxes specific to coal bearing lands, the royalty allowed shall be adjusted for the local cesses or such taxes so as to limit the overall revenue to the formula based yieldb coal produced in the state of west bengal:| | ( | i | ) group of coals: ||-------------------------------|-----|--------------------------------|----------------------------------|| ( | a | ) coking coal | seven rupees only per tonne || steel grade-i | | | || 30 | | | || steel grade-ii | | | || washery grade-i | | | || ( | ii | ) group ii of coals: | || ( | a | ) coking coal washery grade-ii | six rupees and fifty paisa only || per tonne | | | || 35 | | | || coking coal washery grade-iii | | | || ( | b | ) semi-coking coal grade-i | || semi-coking coal grade-ii | | | || ( | c | ) non-coking coal grade-a | || non-coking coal grade-b | | | || ( | iii | ) group iii of coals: | || 40 | | | || ( | a | ) coking coal washery grade-iv | five rupees and fifty paisa only || per tonne | | | || ( | b | ) non-coking coal grade-c | || ( | iv | ) group iv of coals: | || ( | a | ) non-coking coal grade-d | four rupees and thirty paisa ||--------------------------------------------|-----------------------------------------|----------------------------------------------|----------------------------------------|| only per tonne | | | || ( | b | ) non-coking coal grade-e | || ( | v | ) group v of coals: | || 5 | | | || ( | a | ) non-coking coal grade-f | two rupees and fifty paisa only || per tonne | | | || ( | b | ) non-coking coal grade-g | || 11 | columbite-tantalite | ten per cent of sale price on ad valorem | || basis | | | || 10 | | | || 12 | copper | four point two per cent of london metal | || exchange copper metal price chargeable on | | | || the contained copper metal in ore | | | || produced | | | || 15 | | | || 13 | diamond | eleven point five per cent of sale price on | || ad valorem | basis | | || 14 | dolomite | sixty-three rupees per tonne | || 15 | felspar | twelve per cent of sale price on | ad valorem || basis | | | || 20 | | | || 16 | fireclay | twelve per cent of sale price on | ad valorem || (including plastic, pipe, lithomargic and | basis | | || natural pozzolanic clay) | | | || 17 | fluorspar | six point five per cent of sale price on | ad || (also called fluorite) | valorem | basis | || 18 | garnet : | | || 25 | | | || ( | a | ) abrasive | three per cent of sale price on || basis | | | || ( | b | ) gem | ten per cent of sale price on || basis | | | || 19 | gold: | | || 30 | | | || ( | a | ) primary | two per cent of london bullion market || association price (commonly referred to | | | || as "london price" ) chargeable on the | | | || contained gold metal in ore produced | | | || 35 | | | || ( | b | ) by-product gold | three point three per cent of london || bullion market association price | | | || (commonly referred to as " london price" ) | | | || chargeable on by-product gold metal | | | || actually produced | | | || 20 | graphite: | | || 40 | | | || ( | a | ) with 40 per cent or more fixed | two per cent of sale price on || carbon | basis | | || ( | b | ) with less than 40 per cent fixed | twelve per cent of sale price on || carbon | basis | | || 21 | gypsum | twenty per cent of sale price on | ad valorem || basis | | | || 45 | | | || 22 | iron ore (lumps, fines and concentrates | ten per cent of sale price on | ad valorem || all grades): | basis | | || 23 | lead | seven per cent of london metal exchange ||----------------------------------------------|-------------------------------------------|--------------------------------------------|| lead metal price chargeable on the contained | | || lead metal in ore produced | | || 5 | | || twelve point seven per cent of london | | || metal exchange lead metal price chargeable | | || on the contained lead metal in the | | || concentrate produced | | || 24 | limestone: | || 10 | | || (a) ld grade (less than one and | seventy two rupees per tonne | || half per cent silica content) | | || (b) others | sixty three rupees per tonne | || 25 | lime kankar | sixty three rupees per tonne || 26 | limeshell | sixty three rupees per tonne || 15 | | || 27 | magnesite | three per cent of sale price on || basis | | || 28 | manganese: | || (a) ore of all grades | four point two per cent of sale price on | ad || valorem | basis | || 20 | | || (b) concentrates | one point four per cent of sale price on | ad || valorem | basis | || 29 | crude mica, waste mica | four per cent of sale price on || and scrap mica | basis | || 30 | monazite | one hundred and twenty five rupees per || tonne | | || 25 | | || 31 | nickel | zero point one two per cent of london || metal exchange nickel metal price | | || chargeable on contained nickel metal in ore | | || produced | | || 32 | ochre | twenty rupees per tonne || 30 | | || 33 | pyrites | two per cent of sale price on || basis | | || 34 | pyrophyllite | twenty per cent of sale price on || basis | | || 35 | quartz | fifteen per cent of sale price on || basis | | || 35 | | || 36 | ruby | ten per cent of sale price on || basis | | || 37 | silica sand, moulding sand and | eight per cent of sale price on || quartzite | basis | || 38 | sand for stowing | three rupees per tonne || 40 | | || 39 | selenite | ten per cent of sale price on || basis | | || 40 | sillimanite | two and half per cent of sale price on || valorem | basis | || 41 | silver ||----------------------------------------------|------------------------------------------|| (a) by-product | seven per cent of london metal exchange || price chargeable on by-product silver metal | || actually produced | || 5 | || (b) primary silver | five per cent of london metal exchange || silver metal price chargeable on the | || contained silver metal in ore produced | || 42 | slate || 10 | || 43 | talc, steatite and soapstone || valorem | basis || 44 | tin || exchange tin metal price chargeable on the | || contained tin metal in ore produced | || 15 | || 45 | tungsten || contained wo3 per tonne of ore and on | || pro rata basis | || 20 | || 46 | uranium || two per cent of the compensation amount | || received by m/s uranium corporation of | || india limited (ucil), for the mineral | || uranium and the total amount of royalty | || will be apportioned among the different | || states on the basis of data provided by | || department of atomic energy | || 25 | || 47 | vanadium || basis | || 48 | vermiculite || basis | || 30 | || 49 | wollastonite || basis | || 50 | zinc || zinc metal price on ad valorem basis | || chargeable on contained zinc metal in ore | || produced | || 35 | || eight point four per cent of london metal | || exchange zinc metal price on ad valorem | || basis chargeable on contained zinc metal | || in concentrate produced | || 40 | || 51 | all other minerals not here-in-before || specified [agate, chalk, clay (others), | basis || corundum, diaspore, dunite, felsite, | || fuschite, kyanite, quartzite, jasper, | || perlite, rock salt, shale, pyroxenite, etc] | |explanation :451 for the purpose of grading of coal the specification of each grade of the coal shall be as prescribed under rule 3 of the colliery control rules, 2004 the third schedule (see section 42) rates of dead rent51 rate of dead rent applicable to the leases granted for low value minerals are as under:rates of dead rent in rupees per hectare per annum| from second years of lease | third year and fourth year | fifth year onward ||------------------------------|------------------------------|---------------------|| 200 | 500 | 1000 |102 two times the rate specified under (1) above in case of lease granted for medium value mineral(s)3 three times the rates specified under (1) above in case of lease granted for high value mineral(s)4 four times the rates specified under (1) above in case of lease granted for precious metals and stones15note : 1 for the purpose of this notification—(a) "precious metals and stones" means gold, silver, diamond, ruby, sapphire and emerald, alexandrite and opal;(b) "high value minerals" means semi-precious stones (agate, gem garnet), corundum, copper, lead, zinc, asbestos (chrysotile variety), platinum group of elements and mica;20(c) "medium value minerals" means chromite, manganese ore, kyanite, sillimanite, vermiculite, magnesite, wollastonite, perlite, diaspore, apatite, rock phosphate, fluorite (fluorspar) and barytes;25(d) "low value minerals" means minerals other than precious metals and stones, high value minerals and medium value minerals statement of objects and reasonsthe mines and minerals (regulation and development) act, 1957 was enacted so as to provide for the regulation of mines and development of minerals under the control of the union the aforesaid act was amended in the years 1958, 1972, 1986, 1987, 1994 and 19992 the first national mineral policy was enunciated by the central government in 1993for liberalization of the mining sector with the passage of time and the economic development of the country, which requires a vibrant energy, metal and commodities sector to meet the infrastructure, manufacturing and other sectoral demands, the nature and requirements of the mineral sector has changed based on the recommendations of a high level committee set up in the planning commission, government of india, in consultation with state governments, had replaced the national mineral policy, 1993 with a national mineral policy on the 13th march, 2008 the new national mineral policy provides for a change in the role of the central government and the state governments particularly in relation to incentivizing private sector investment in exploration and mining and ensuring level playing field and transparency in the grant of concessions and promotion of scientific mining within a sustainable development framework so as to protect the interest of local population in mining areas this necessitated a new legislation for harmonization with the new national mineral policy3 since the existing law had already been amended several times and as further amendments may not clearly reflect the objects and reasons emanating from the new national mineral policy, it is considered necessary to reformulate the legislative framework in the light of the new national mineral policy, 2008 by repealing the mines and minerals (regulation and development) act, 19574 the salient features of the mines and minerals (development and regulation)bill, 2011, inter alia, are as follows :—(a) it provides for a simple and transparent mechanism for grant of mining lease or prospecting licence through competitive bidding in areas of known mineralization, and on the basis of first-in-time in areas where mineralization is not known;(b) it enables the mining holders to adopt the advanced and sophisticated technologies for exploration of deep-seated and concealed mineral deposits, especially of metals in short supply through a new mineral concession;(c) it enables the central government to promote scientific mineral development, through mining plans and mine closure plans enforced by a central technical agency namely the indian bureau of mines, as well as the regulatory authorities and tribunals;(d) it empowers the state governments to cancel the existing concessions or debar a person from obtaining concession in future for preventing the illegal and irregular mining;(e) it empowers the central government and state governments to levy and collect cess;(f) establishment of the mineral funds at national and state level for funding the activities pertaining to capacity building of regulatory bodies like indian bureau of mines and for research and development issues in the mining areas;(g) it provides for reservation of an area for the purpose of conservation of minerals;(h) it enables the registered co-operatives for obtaining mineral concessions on small deposits in order to encourage tribals and small miners to enter into mining activities;(i) it empowers the central government to institutionalise a statutory mechanism for ensuring sustainable mining with adequate concerns for environment and socioeconomic issues in the mining areas, through a national sustainable development framework;(j) it provides for establishment of the national mining regulatory authority which consists of a chairperson and not more than nine members to advise the government on rates of royalty, dead rent, benefit sharing with district mineral foundation, quality standards, and also conduct investigation and launch prosecution in cases of large scale illegal mining;(k) it provides for establishment of the state mining regulatory authority consisting of such persons as may be prescribed by the state government to exercise the powers and functions in respect of minor minerals;(l) it provides for establishment of a national mining tribunal and state mining tribunals to exercise jurisdiction, powers and authority conferred on it under the proposed legislation;(m) it empowers the state governments to constitute special courts for the purpose of providing speedy trial of the offences relating to illegal mining;(n) it empowers the central government to intervene in the cases of illegal mining where the concerned state government fails to take action against illegal mining;(o) it provides for stringent punishments for contravention of certain provisions of the proposed legislation; and(p) to repeal the mines and minerals (development and regulation) act, 19575 a notable feature of the bill is to provide a simple mechanism which ensures that revenues from mining are shared with local communities at individual as well as community level so as to empower them, provide them with choices, enable them to create and maintain local infrastructure and better utilise infrastructure and other services provided for their benefit6 the notes on clauses explain in detail the various provisions of the proposed bill 7 the bill seeks to achieve the above objectsdinsha patelnew delhi;the 23rd november, 2011 ———— president's recommendation under article 117 of the constitution of india[copy of letter no 16(83)/2009-m vi/605 dated 15112011 from shri dinsha patel, minister for mines to the secretary-general, lok sabha]the president having been informed of the subject matter of the proposed mines and minerals (development and regulation) bill, 2011, recommends the introduction of the bill in the house under clause (1) of article 117 of the constitution notes on clausesclause 1— this clause relates to the short title, extent and commencement of the proposed legislation this clause enables the central government to appoint a date with respect to the commencement of the proposed legislation however, different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisionclause 2— this clause relates to declaration as to the expediency of union control this clause provides a declaration that it is expedient in the public interest that the union should take under its control the regulation of mines and mineral development to the extent provided in the proposed legislationclause 3— this clause defines certain expressions used in the bill clause 4— this clause relates to reconnaissance, prospecting and mining operations to be under a licence or leasesub-clause (1) of this clause provides that no person shall undertake any reconnaissance, prospecting, general exploration, detailed exploration or mining in respect of any major or minor minerals except under a non-exclusive reconnaissance licence, hightechnology reconnaissance-cum-exploration licence, prospecting licence or mining lease in case of a major minerals or any other mineral concession in case of minor minerals, as the case may be, granted in accordance with the provisions of this act and the rules made thereunder the proviso to the said sub-clause provides that nothing in this sub-clause shall affect any reconnaissance, prospecting, general exploration, detailed exploration or mining operation undertaken in any area in accordance with the terms and conditions of a reconnaissance permit, prospecting licence or mining lease granted before the commencement of this actsub-clause (2) of this clause provides that no licence shall be necessary in respect of reconnaissance or prospecting operations undertaken by the geological survey of india, the atomic minerals directorate, the mineral exploration corporation limited, the singareni collieries limited, the neyveli lignite corporation limited and the central mine planning and design institute limited being a government company within the meaning of section 617 of the companies act, 1956 or the directorate of mining and geology (by whatever name called) of any state government and such other government agencies as may be notified by the central government from time to time in respect of any land where rights on minerals vest in the state government the proviso to the said sub-clause provides that all such operations shall be notified by the state government and may be undertaken for a period not exceeding three years in respect of reconnaissance and six years in respect of prospecting, as may be specified in such notification the proviso to the said sub-clause further provides that no such reconnaissance or prospecting shall be undertaken in an area for which a licence or mining lease has been granted or for which application for a grant of licence or mining lease is pendingthe explanation to the said sub-clause provides that in respect of the mineral exploration corporation limited, the singareni collieries limited, the neyveli lignite corporation limited, the central mine planning and design institute limited and the other government agencies as may be notified under this sub-clause, the provisions of this subclause shall apply with respect to promotional work undertaken on behalf of the central government or the state government, as the case may besub-clause (3) of this clause provides that no person shall be entitled to make any application for mineral concession in the area covered by the notification during the period specified in the notification issued under sub-clause (2), and on expiry of the said period or such earlier period as may be notified by the state government, the area shall be deemed to be available for grant of mineral concessionssub-clause (4) of this clause provides that in respect of land on which prospecting operations are conducted in accordance with the provisions of sub clause (2), before the expiry of the period specified in the notification issued by the state government, the central government in case of coal minerals, and the state government in case of all other minerals, may by notification invite competitive offers for grant of concession under clause 13 of this act or may set aside the entire land or any portion of the land for a period not exceeding three years for grant of mineral concession under clause 13 and no application for grant of any mineral concession shall lie during this period or on the expiry thereof, except in accordance with a notification issued under sub-clause (1) or sub-clause (4) of clause 13 of this act, as the case may besub-clause (5) of this clause provides that subject to the provisions of sub-clause (6), no mineral concession shall be granted except on an application made to the state government after the date of the commencement of this act in accordance with the provisions thereof along with the application fee and earnest money, in such form and manner as may be prescribed the explanation to the said sub-clause provides that subject to the provisions of sub-clause (6), no mineral concession shall be granted except on an application made to the state government from the date of the commencement of this act along with the application fee and earnest money, in such form and manner as may be prescribed the explanation to the said sub-clause also provides that the applicants who made the applications before the commencement of this act shall be required to make fresh applications under this act, and no right [except as otherwise provided under sub-clause (6)] shall accrue to such applicants under this act by virtue of having made an application earlier, before such commencementsub-clause (6) of this clause provides that the provisions of sub-clause (5) shall not be applicable in case of applications made in accordance with any law for the time being in force, prior to the commencement of the act, (a) for grant of prospecting licence or a mining lease after completing exploration under a reconnaissance permit or a prospecting licence, as the case may be, or, (b) for which prior approval of the central government for grant of mineral concessions, has been given or, (c) where a letter of intent (by whatever name called) has been issued by the state government to grant reconnaissance permit or prospecting licence or mining lease, as the case may be, and was pending grant of the concession under this act for fulfilment of the conditions of the letter of intent, and the application for grant of the mineral concessions is pending with the state government at the time of commencement of this act sub-clause (7) of this clause provides that in case a person submits his application for grant of mineral concession in respect of major as well as minor minerals in the same area, the application shall be considered for all the minerals applied for in accordance with the provisions of this act applicable to major mineralssub-clause (8) of this clause provides that no person shall transport or store, or cause to be transported or stored, any minerals otherwise than in accordance with the provisions of this act and the rules made thereundersub-clause (9) of this clause provides that an application for grant of mining lease for atomic minerals may be considered and granted by the state government after obtaining prior approval of the department of atomic energy in such cases and in such manner as may be prescribed by the central government the proviso to the said sub-clause provides that no lease shall be necessary in respect of mining of atomic minerals undertaken by the atomic minerals directorate or such other government agencies as may be notified by the central government from time to timesub-clause (10) of this clause provides that in any reconnaissance or prospecting operations undertaken by the geological survey of india, the atomic minerals directorate, the mineral exploration corporation limited, the singareni collieries limited, the neyveli lignite corporation limited, the central mine planning and design institute limited and such other government agencies, in accordance with the provisions of sub-clause (2), such agency conducting the reconnaissance or prospecting operations shall publish, in such manner as may be prescribed by the central government, a report of the reconnaissance or prospecting operations and intimate the publication to the state government in such manner as may be prescribed by the central government to enable the state government to set aside the area under sub-clause (4) or notify the area under clause 13 for prospecting or mining, as the case may be the proviso to the said sub-clause provides that where the state government does not take a decision to set aside the area or notify the area under clause 13, it shall publish such data in its official website, that would be available to the general public in the manner as may be prescribed clause 5— this clause relates to the eligibility for grant of mineral concessionsub-clause (1) of his clause provides that no person shall be eligible for grant of a mineral concession unless such person is a citizen of india or a company as defined in sub-section (1) of section 3 of the companies act, 1956, or a firm registered under the indian partnership act, 1932 and has registered himself with the indian bureau of mines or the state directorate or any other agency authorised by a notification issued by the central government, in such manner, as may be prescribed by the central government the proviso to the said sub-clause provides that for the purposes of mineral concessions for small deposits in any area referred to in sub-clause (6) of clause 6, a cooperative society registered with the state government under the law made by it and registered in accordance with the provisions of sub-clause (2) shall be eligible for grant of such mineral concession the said proviso further provides that in respect of any concession or an application for grant or renewal of a mineral concession pending with the state governments at the commencement of this act in terms of sub-clause (6) of clause 4, the applicant of such application shall be given a reasonable opportunity to register with the indian bureau of mines or the state directorate as the case may be, within such time as may be notified and such application shall not be rejected solely on the ground of non-registration with the indian bureau of mines or the state directorate, as the case may be the explanation to the said sub-clause provides that the firm or association or cooperative shall be eligible where all the members of such firm or association or cooperative are citizens of indiasub-clause (2) of this clause provides that subject to any notification issued under sub-clause (1), the registration process in respect of mineral concessions for,– (a) major minerals shall be administered by the indian bureau of mines; (b) minor minerals shall be administered by the state directorate; and (c) coal minerals shall be administered by the central governmentsub-clause (3) of this clause provides that no person shall be entitled to operate a mineral concession if he contravenes any of the provisions of this act or the rules made thereunder, which renders him ineligible for grant of a mineral concessionthe proviso to the said sub-clause provides that a person who is holding a mineral concession prior to the commencement of this act shall not be deemed to be contravening the provisions of this act and the rules made thereunder merely on account of the fact that the area of such concession is less than the mining area specified under clause 6 of the act clause 6— this clause relates to the area limits for grant of mineral concessionsub-clause (1) of this clause provides that the maximum area which can be held under mineral concession at any time by a person in respect of any mineral or prescribed group of associated minerals in a state shall be, (a) ten thousand square kilometres in respect of nonexclusive reconnaissance licences; (b) five thousand square kilometres in respect of hightechnology reconnaissance-cum-exploration licences; (c) five hundred square kilometres in respect of prospecting licences; and (d) one hundred square kilometres in respect of mining leases the proviso to the said sub-clause provides that a high-technology reconnaissancecum-exploration licence shall be granted for such group of associated minerals (other than iron, ore, bauxite, limestone, coal minerals or other bulk minerals) as may be prescribed by the central government, and subject to such general conditions regarding use of advanced technologies and methodologies as may be notified from time to time by the central government the said proviso further provides that in case of coal minerals, if the central government is of the opinion that in the interest of development of coal minerals, it is necessary so to do, it may, for reasons to be recorded in writing, permit any person to acquire one or more prospecting licence or mining lease covering an area in excess of the maximum area specified in sub-clause (1) sub-clause (2) of this clause provides that in respect of major minerals, the minimum area for grant of,— (a) a high-technology reconnaissance-cum-exploration licence shall be one hundred square kilometres; (b) a prospecting licence shall be one square kilometre; and (c) a mining lease shall be ten hectaressub-clause (3) of this clause provides that in respect of minor minerals the minimum area for grant of,— (a) a non-exclusive reconnaissance or a prospecting licence shall be ten hectares; and (b) a mining lease shall be five hectares the proviso to the said sub-clause provides that the state government in consultation with the ministry of environment and forest in the central government for reasons to be recorded in writing may, in respect of any area and any minor mineral, notify a minimum area other than the area specified in this sub-clausethe explanation to the said sub-clause provides that the area held by a person as a member of a co-operative society, company or other corporation and a hindu undivided family and a partner of a firm or as an individual shall be jointly computedsub-clause (4) of this clause provides that notwithstanding anything contained in sub-clauses (2) and (3), a person holding a high-technology reconnaissance-cum-exploration licence, or a prospecting licence or a mining lease shall be entitled to be considered and granted a high technology reconnaissance-cum-exploration licence or a prospecting licence for the same mineral for an area lower than the minimum area referred to in sub-clause (2) or sub-clause (3), as the case may be, in an area contiguous to the area already held by him under the licence or lease, as the case may besub-clause (5) of this clause provides that the holder of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, and prospecting licence shall surrender area out of such licence or leases annually, as may be specified in the licence, in the manner prescribed by the central government so that at the end of the last year after the commencement of operations of the non-exclusive reconnaissance licence, the area held does not exceed the maximum eligibility of the licence holder for a prospecting licence and at the end of the last year of the high technology reconnaissance-cum-exploration licence or prospecting licence, the area held does not exceed the maximum eligibility of the licence holder for a mining lease in accordance with the provisions of sub-clause (1)sub-clause (6) of this clause provides that no mining lease shall be granted in respect of any area which is not compact and contiguous or otherwise not suitable to scientific development the proviso to the said sub-clause provides that in respect of small deposits not suitable to scientific mining in isolated patches, a mining lease may be granted for a cluster of such deposits within a defined area of not less than the area specified in sub-clause (2) or sub-clause (3), as the case may be, in accordance with such procedure and subject to such conditions as may be prescribed by the central governmentsub-clause (7) of this clause provides that in case of the scheduled area specified in the fifth schedule of the constitution and the tribal area specified in the sixth schedule of the constitution, the state government may, by notification, give preference as may be specified in the notification in grant of mineral concessions on an area referred to in sub-clause (6) to a co-operative of the scheduled tribessub-clause (8) of this clause provides that any rules made by the state governments for minor minerals shall be in accordance with the provisions of sub-clauses (1) to (7)clause 7— this clause relates to the period of grant and extension of licence and deposit of securitysub-clause (1) of this clause provides that a non-exclusive reconnaissance licence shall be granted for a period of not less than one year and not more than three yearssub-clause (2) of this clause provides that a high technology reconnaissance-cumexploration licence shall be granted for a period of not less than three years and not more than six years the proviso to the said sub-clause provides that the period may be extended, on an application made by the licensee for a further period not exceeding two years in respect of such part of the area as may be specified in the licence sub-clause (3) of this clause provides a prospecting licence shall be granted for a period of not less than two years and not more than three years the proviso to said sub-clause provides that the period may be extended on an application made by the licencee in respect of such part of area as may be specified in the licence for a further period of not exceeding two years sub-clause (4) of this clause provides that a mining lease for a major mineral shall be granted for a period of not less than twenty years and not more than thirty years the proviso to the said sub-clause provides that in an area which is already held under a mining lease and a new mineral is found in such area, the period of mining lease granted for such new mineral shall be co-terminus with the period of the existing mining lease the proviso to the said sub-clause further provides that in the interest of mineral development, amalgamation of two or more adjoining leases held by a lessee may be approved by the authority competent to grant the lease and the period of the amalgamated leases shall be co-terminus with the period of lease which expires later sub-clause (5) of this clause provides that a mining lease for a minor mineral shall be granted for a period not less than five years and may be extended for such period as may be notified by the state government the proviso to the said sub-clause provides that different periods may be specified for different minerals having regard to the nature and manner of occurrence of mineral deposits the proviso to the said sub-clause also provides that where in respect of any minor mineral, a minimum area is notified in accordance with the provisons of sub-clause (3) of clause 6 or sub-clause (6) of clause (6), the state government may notify a minimum period less than five years in consultation with the central government sub-clause (6) of this clause provides that a mining lease for a major mineral may be extended, on an application made by the lessee, in respect of such part of the area as may be specified and for such period not exceeding twenty years at a time, as may be required to ensure full exploitation of the run-of-the-mine in a scientific manner the proviso to the said sub-clause provides that no such extension shall be granted, except after approval in the prescribed manner, of a fresh mining plan for the area for which the lease is sought to be extendedsub-clause (7) of this clause provides that, for the purposes of sub-clause (6), all mining leases granted before the commencement of this act, and which has not contravened any of the terms and conditions of a reconnaissance permit, prospecting licence or mining lease granted before the commencement of this act, shall be considered for extension irrespective of the size of the area of such mining lease clause 8— this clause relates to the grant and extension of mineral concessionsub-clause (1) of this clause provides that in respect of any land in which the minerals vest in the government (other than in respect of lands reserved under the provisions of chapter vii),—(a) the state government shall grant non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence and mining lease and extend the high technology reconnaissance-cum-exploration licence, prospecting licence and mining lease in accordance with the provisions of this act and the rules made thereunder the proviso to the said sub-clause provides that in respect of minor minerals, the state government may, by notification, restrict the grant of licence to such types of mineral concessions as are appropriate having regard to the nature of occurrence of the minor mineral the proviso to the said sub-clause further provides that a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence and mining lease in respect of coal minerals, atomic minerals and beach sand minerals shall be granted and extended by the state government with the prior approval of the central government sub-clause (2) of this clause provides that every person, granted a licence or lease, as the case may be, under sub-clause (1), shall deposit such sum as security deposit as may be specified by the central governmentsub-clause (3) of this clause provides that a non-exclusive reconnaissance licence shall not be issued in respect of any area held under a high technology reconnaissance-cumexploration licence or a prospecting licence or a mining leasesub-clause (4) of this clause provides that a prospecting licence shall not be issued in an area held under high technology reconnaissance-cum-exploration licence and vice versasub-clause (5) of this clause provides that a high technology reconnaissance-cumexploration licence or a prospecting licence shall not be issued in respect of an area held under a mining leasesub-clause (6) of this clause provides that a non-exclusive reconnaissance licence, high-technology reconnaissance-cum-exploration licence, prospecting licence or mining lease for coal minerals shall be granted by the state government to a company approved by the central government on such terms and conditions as may be prescribed by it and such licence or lease be granted through competitive bidding and auction in such manner as may be prescribed by it the proviso to the said sub-clause provides that the provisions of this sub-clause shall not be applicable for grant of mineral concession, (a) to a government company or corporation for mining or such other specified end use; (b) to a company or corporation which has been awarded a power project (including ultra mega power project) on the basis of competitive bids for tariffsub-clause (7) of this clause provides that the non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence and mining lease in respect of any mineral underlying the ocean within the territorial waters or the continental shelf of india shall be granted by the central government in accordance with the provisions of the law for the time being in forcesub-clause (8) of this clause provides that the state government, and every holder of a mineral concession, shall make available data relating to grant, extension, relinquishment, termination and plan of operations in the official web site in such manner as may be prescribed by the central governmentsub-clause (9) of this clause provides that for the purpose of this clause, the onus of proving that ownership of a mineral vest in a person other than the state government shall be on the person making the claimclause 9— this clause relates to the prospecting licence and mining lease of an area under reconnaissancesub-clause (1) of this clause provides that notwithstanding that a non-exclusive reconnaissance licencee is operating in such area, a high technology reconnaissance-cumexploration licence, prospecting licence or a mining lease may be granted on that area under the provisions of this actsub-clause (2) of this clause provides that a non-exclusive reconnaissance licence holder who applies for a prospecting licence under sub-clause (7) of clause 22 shall, on grant of such licence, be entitled to get such areas vacated as may have been granted a prospecting licence to any person under sub-clause (1) subsequent to the grant of the non-exclusive reconnaissance licence the proviso to the said sub-clause provides that a person holding a high technology reconnaissance-cum-exploration licence or a person holding a prospecting licence granted under sub-clause (7) of clause 22 or a person granted a mining lease shall not be required to vacate the areaclause 10— this clause relates to the special provisions in respect of atomic minerals sub-clause (1) of this clause provides that notwithstanding anything contained in this act, the holder of a high-technology reconnaissance-cum-exploration licence or a prospecting licence or mining lease for a mineral other than a minor mineral may also undertake incidental prospecting or mining operations in respect of atomic minerals in the area held, subject to the fulfilment of the following conditions, namely,— (a) if in the course of prospecting or mining operations, he discovers any atomic mineral, he shall within sixty days from the date of discovery of such mineral, report the fact of such discovery to the atomic minerals directorate, the geological survey of india, the indian bureau of mines and the state directorate of the state in which the prospecting or mining operations are carried on or proposed to be carried on; (b) the quantities of atomic minerals recovered incidental to such prospecting or mining operations shall be collected and stacked separately and a report to that effect sent to the atomic minerals directorate every three months for such further action to be taken by the licencee or lessee, as the case may be, which may be directed by the atomic minerals directoratesub-clause (2) of this clause provides that the licensee or lessee, as the case may be, referred to in sub-clause (1) shall, within a period of sixty days from the date of discovery of atomic mineral, apply to the secretary, department of atomic energy, mumbai, along with the recommendations of the state government, for grant of a licence to handle the said atomic minerals in accordance with the provisions of the atomic energy (radiation protection) rules, 2004 made under the atomic energy act, 1962, and on grant of such licence or grant of lease to handle, the licencee or lessee, as the case may be, may apply for inclusion of such atomic minerals in his licence or lease, as the case may be the proviso to the said sub-clause provides that if in the opinion of the department of atomic energy the atomic mineral recovered incidental to such prospecting or mining operations is not of an economically exploitable grade of the quantity found is significant, it shall not be necessary for the licensee of lessee to apply for inclusion of such atomic mineral in the licence or lease, as the case may, under the act or the rules made thereunder for the atomic mineralssub-clause (3) of this clause provides that in case of grant of a lease referred to in subclause (2), the lessee shall remove and dispose off the atomic mineral on payment of royalty to the state governmentsub-clause (4) of this clause provides that for obtaining a separate licence or lease for atomic minerals, the licensee or lessee, as the case may be, shall, within sixty days from the date of discovery of atomic mineral, apply to the secretary, department of atomic energy, mumbai, along with the recommendations of the state government, for grant of licence to handle the said atomic mineral in terms of atomic energy (radiation protection) rules, 2004 made under the atomic energy act,1962 and no licence or lease be granted except in accordance with the conditions of such licence granted under the provisions of the atomic energy (radiation protection) rules, 2004 the proviso to the said sub-clause provides that if in the opinion of the department of atomic energy the atomic mineral recovered incidental to such prospecting or mining operations is not of an economically exploitable grade or the quantity found is insignificant, it shall not be necessary for the licencee or lessee to apply for inclusion of such atomic mineral in the licence or lease, as the case may be, under the act or the rules made thereunder for the atomic mineralsclause 11— this clause relates to the mineral concession to be void if in contravention of actsub-clause (1) of this clause provides that any mineral concession granted, extended, held or acquired in contravention of the provisions of this act or any rules or orders made thereunder, shall be void and of no effect, subject to the provisions of sub-clause (2)sub-clause (2) of this clause provides that where a person has acquired more than one non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or mining lease, as the case may be, and the aggregate area covered by such licences or leases in respect of a mineral in a state, as the case may be, exceeds the maximum area permissible under clause 6, only that non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or mining lease the acquisition of which has resulted in such maximum area being exceeded, shall be deemed to be voidsub-clause (3) of this clause provides that in every case where a mineral concession is void under sub-clause (1), the earnest money or security deposit as the case may be deposited in respect of that application shall stand forfeited, and the mineral concession shall be granted to the next eligible applicant or notified for grant of mineral concession, as the case may be, in accordance with the provisions of the actclause 12— this clause relates to the cancellation of a mineral concession or disqualificationsub-clause (1) of this clause provides that in respect of any land in which minerals vest in the government,—(a) where any person fails to conduct reconnaissance or high technology reconnaissance-cum-exploration or prospecting or mining operations in accordance with a reconnaissance, or exploration plan or a prospecting or mining plan, as the case may be, prepared in the manner provided in this clause, the state government may after issuing a notice to show cause and giving him an opportunity of being heard, by an order, forfeit all or any part of the security deposit and may suspend, curtail or revoke the licence or lease having regard to the circumstances of the case the explanation of the said clause provides that the purposes of this sub-clause the framework of mining operations in respect of minor minerals not requiring a mining plan shall be deemed to be the mining plan; (b) in every case where a part or all of the security deposit has been forfeited, the licencee or the lessee, as the case may be, shall furnish security to make up the deficiency before recommencing the operations under the licence or lease, as the case may be; (c) without prejudice to the provisions contained in clauses (a) and (b), the state government may also issue notice directing a person who fails to conduct reconnaissance or high technology reconnaissancecum-exploration or prospecting or mining operations in accordance with the reconnaissance plan or an exploration plan or a prospecting or a mining plan, to show cause, and after giving him an opportunity of being heard, by an order, declare him to be ineligible for consideration for any mineral concession in accordance with the provisions of sub-clause (3) of clause 20 or sub-clause (3) of clause 22, as the case may be, for such period as it may specify, not exceeding five years, having regard to the circumstances; (d) where at the expiry of a nonexclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence or prospecting licence, the licencee fails to comply with the conditions of the licence, the state government may, within a period of six months from the date of expiry of the licence, or the time given for fulfilment of the conditions, whichever is later, issue a notice asking him to show cause, and after giving him an opportunity of being heard, by an order, forfeit all or any part of the security deposit and may declare him to be ineligible for consideration for any mineral concession in accordance with the provisions of sub-clause (3) of clause 20 or subclause (3) of clause 22, as the case may be, for such period as it may specify, not exceeding five years, having regard to the circumstances; (e) orders under this sub-clause shall be made by the state government,— (i) in respect of any major mineral where the indian bureau of mines has approved mining plan and mine closure plans, after consultation with the indian bureau of mines on technical issues pertaining to such mining plan and mine closure plan, and, (ii) in case of coal minerals, atomic minerals and beach sand minerals, in consultation with the central government the proviso to the said sub-clause provides that in case the indian bureau of mines or the central government, as the case may be, does not express any opinion within a period of three months, the state government may presume the concurrence of the indian bureau of mines or the central government, as the case may besub-clause (2) of this clause provides that in respect of any mineral concession relating to a land where the minerals vest with a private person, and the operations are not conducted in accordance with the reconnaissance, prospecting or mining plan, as the case may be, the state government may, in the interest of mineral conservation and development, after giving such private person an opportunity of being heard, issue a direction to him to suspend, curtail or revoke the mineral concession and take any other action in accordance with the terms and conditions thereof as may be specified in such directionclause 13— this clause relates to the notification of certain areas for grant of mineral concessionssub-clause (1) of this clause provides that in respect of any land where the minerals vest in the government, the state government shall, by notification, invite applications in the form of competitive offers for any mineral except coal minerals for grant of a prospecting licence over any area where reconnaissance has been conducted and sufficient evidence of enhanced mineralisation of the specified minerals has been established the proviso to the said sub-clause provides that no application for a high technology reconnaissance-cumexploration licence is pending relating to such area the proviso to the said sub-clause further provides that no such notification shall be issued in respect of an area in which reconnaissance or exploration or prospecting operations was completed under a licence till lapse of the period of six months after the expiry of the licence unless the area has been relinquished the proviso to the said sub-clause also provides that in case where no application is received on an area notified under sub-clause (1), state government shall within a period of three months either re-notify the area or notify it as being available for grant of mineral concessions under clause 22sub-clause (2) of this clause provides that where an application or applications for grant of prospecting licence has been filed on an area and the state government has not issued any notification, the state government may notify such area or areas within a period of one month from the date of receipt of the first application by amalgamating or expanding all or any of the applied areas, if required, in the interest of scientific mining, and the state government may invite applications in the form of competitive offers for any mineral, except coal and atomic minerals for grant of a prospecting licence the proviso to the said subclause provides that the area so notified shall not include any area for which there has been or is an application pending for more than one month prior on the date of the notification the proviso to the said sub-clause further provides that where the state government has notified an area, it shall provide an opportunity to an applicant who filed an application prior to such notification within a period of one month from the date of the provisional determination of the best offer for the purposes of sub-clause (4) and to submit a competitive offer in terms of the said notification after being informed of the details of the best offer received by the state government subsequent to the said notification of the area, and the state government shall consider the applications in accordance with the provisions of subclause (4) and grant the licence to the best overall offer the proviso to the said sub-clause also provides that only those applicants who had applied suo moto without any notification of such area by the state government shall be afforded an opportunity to submit a competitive offer under the second proviso, and any such offer shall be limited in respect of only the area notified irrespective of the areas for which such applicant had applied earlier and where the state government fails to notify the area within the specified period under this sub-clause, the applications for grant of prospecting licence shall be considered in accordance with the provisions of clause 22sub-clause (3) of this clause provides that a notification issued under sub-clause (1)may specify that any application received shall be considered with reference to such criteria including all or any one or more of the following as per weightages assigned, as may be specified in the notification, namely,— (a) specific knowledge and experience of prospecting possessed or accessed by the applicant; (b) nature and quality of technical resources proposed to be employed; (c) value addition such as mineral processing and beneficiation;(d) end use including industries based on the mineral; (e) provision of ore-linkage through long-term agreements with domestic industry; (f) in the case of prospecting for iron ore, bauxite and limestone, having finished products production capacity at the time of commencement of this act and captive ore resources which are likely to be exhausted in the near future; (g) a financial bid quoted either as a lump sum recoverable in instalments at the time of mining or a percentage of royalty or a profit sharing of mineral productionthe explanation to the said sub-clause provides that the financial bid shall offer the state government to recover a value for its efforts in managing information relating to survey or regional exploration work including computer databases and samples for minerals and for the mineral on the basis of market consideration to be based on a floor price set by the state government on the available reconnaissance data and the weightage shall be numerical in character and enable a composite ranking based on numerical marks assigned for each of the criteria listed in the notification in order to determine the best offersub-clause (4) of this clause provides that the applications received in accordance with the conditions specified in the notification issued under sub-clauses (1), (2) and (3) shall be considered in accordance with such criteria and weightage as specified in the notification, and the eligible applicant obtaining the best marks as per weightages, shall be granted the prospecting licence in accordance with the rules made under this act the proviso to the said sub-clause provides that the licence may include special condition under which a mining lease shall be granted on an application made under sub-clause (3) of clause 25 including, restrictions arising from value-additions or ore-linkage or restrictions on sale of ore in the case of captive resourcessub-clause (5) of this clause provides that in such areas where prospecting has been conducted and sufficient evidence of enhanced mineralisation has been established through a prospecting report and feasibility study, and where no application for a mining lease is pending, the state government shall by notification invite applications in the form of competitive bids for any minerals excepting coal minerals, for grant of mining lease, to the bidder who in accordance with the provisions of sub-clause (6) quotes the best financial bid including the bid for the prospecting report and feasibility study for the area so notified the proviso to the said sub-clause provides that no such notification shall be issued in respect of an area in which prospecting operations was completed under a licence till the period of six months after expiry of the licence unless the area has been relinquished the proviso to the said sub-clause further provides that before issuing the notification under this sub-clause in respect of any forest or wildlife area, the state government shall obtain,— (i) all forest clearances under the forest (conservation) act, 1980 and wildlife clearance under the wild life (protection) act, 1972, or any other law for the time being in force, so as to enable the commencement of operations, and (ii) all necessary permissions from the owners of the land and those having occupation rightsthe explanation to the said sub-clause provides that for the purposes of sub-clause (5)the financial bid shall offer the state government either as a lump sum, recoverable in instalments or a percentage of royalty or a profit sharing, as may be specified in the notification, and the purpose of the financial bid for the prospecting report and feasibility study is to allow the state governments to recover a value for its efforts in acquiring and managing information through detailed survey, exploration, feasibility studies, including computer databases, and cores and samples, computer databases and samples for minerals; and for the mineral on the basis of market consideration to be based on a floor price set by the state government on the available prospecting datasub-clause (6) of this clause provides that a notification issued under sub-clause (5)may specify that bids received shall be considered with reference to such criteria including any of the following, as per weightages assigned, as may be specified in such notification, namely,— (a) special knowledge and appropriate experience in scientific mining and mineral beneficiation; (b) bringing new and advanced technologies; (c) investments in value addition such as mineral processing and beneficiation; (d) having industrial capacity based on the mineral or having set up industry based on the mineral and achieved financial closure for such project; (e) providing ore-linkage through long-term agreements with domestic industry; (f) constructing transportation networks (road and rail) and other infrastructure facilities in the mineral bearing area; (g) in the case of iron ore, bauxite and limestone, having finished products production capacity at the time of commencement of the act and captive ore resources which are likely to be exhausted in the near future; (h) financial bid for the prospecting report and feasibility study for the area so notifiedthe explanation to the said sub-clause provides that for the purpose of determination of best bid, the weightage shall be numerical in character and enable a composite ranking based on bid price and numerical marks assigned for each of criteria specified in the notificationsub-clause (7) of this clause provides that the bids received under sub-clause (5) shall be evaluated in the prescribed manner and the best eligible bid shall be issued the letter of intent for awarding the mining lease after obtaining all necessary statutory approvals and clearances, on such conditions as may be specified having regard to the criteria stated in the notification issued under sub-clause (5) and the response theretosub-clause (8) of this clause provides that in respect of atomic minerals and beach sand minerals, notification inviting applications and grant of the mineral concession shall be made with the prior approval of the central government sub-clause (9) of this clause provides that in respect of coal minerals, notification for inviting and grant of mineral concessions shall be made by the central government in such manner as may be prescribed by itsub-clause (10) of this clause provides that notwithstanding anything contained in this clause, notification of an area for inviting applications in respect of public lands in areas covered by fifth schedule or sixth schedule to the constitution, shall be issued after consultation with the gram sabhas or district councils, as the case may be, and in respect of non-scheduled areas, after consultation with the district panchayatsub-clause (11) of this clause provides that the state government shall invite and entertain applications for grant of high technology reconnaissance-cum-exploration licence or prospecting licence in an area relinquished by a holder of high technology reconnaissancecum-exploration licence or a prospecting licence only after such area is notified by the state government for inviting applications for grant of high technology reconnaissance-cumexploration licence or a prospecting licence under the provisions of sub-clause (1) of clause 13 or notified as being available for grant of concessions for the purpose of clause 22 the proviso to the said sub-clause provides that if the state government does not notify such relinquished area within three months of relinquishment, any person interested may apply to the state government and in case it fails to notify the area within a further period of three months, the applicant may apply to the national mining tribunal in case of major minerals and state mining tribunal in case of minor minerals for notification of that area and the concerned tribunal may direct the state government to notify the area within such period as it may specifysub-clause (12) of this clause provides that the procedure for notifying an area for inviting applications for major minerals and grant of mineral concessions shall be such as may prescribed by the central governmentsub-clause (13) of this clause provides that in respect of minor minerals, notwithstanding anything in this clause, the procedure for notification and grant of mineral concessions shall be such as may be prescribed by the state government the proviso to the said sub-clause provides that before granting mineral concession for minor minerals in an area covered by the fifth schedule or the sixth schedule to the constitution, the gram sabha or the district council, as the case may be, shall be consultedclause 14— this clause relates to the time limit for disposal of applications for grant of mineral concessionssub-clause (1) of this clause provides that in respect of any lands where the minerals vest in the government, the state government shall dispose off the applications for grant of non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence or prospecting licence within the following period reckoned from the date of receipt of applications, namely,— (a) within a period of three months in respect of non-exclusive reconnaissance licence; (b) within a period of four months in respect of high technology reconnaissance-cum-exploration licence and prospecting licencethe explanation to the said sub-clause provides that where applications for prospecting licence are received in response to a notification under sub-clause (1) or subclause (2) or sub-clause (3) of clause 13, the time period for disposal shall be reckoned from the last date notified for receipt of applicationssub-clause (2) of this clause provides that the state government shall dispose off the applications for grant of mining lease in the following manner and within the time limit specified hereunder, namely,— (a) a letter of intent shall be issued within four months; (i) from the opening of bids in respect of applications received under clause 13; (ii) from date of application in respect of application received under clause 25; and (b) the mining lease shall be executed within three months of intimation by means of a written communication by the applicant holding the letter of intent of his having obtained all clearances and approvals specified in the letter of intentsub-clause (3) of this clause provides that in any matter requiring the prior approval of the central government, the matter shall be disposed off by the central government within a period of three months, and the state government shall issue a letter of intent in any case, where issue of such letter of intent is contingent on prior approval, within a period of one month from the date of such approvalsub-clause (4) of this clause provides that where any application or written communication is deficient in information or documentation, the state government shall, by notice issued within sixty days of receipt thereof, require the applicant to supply the omission within such period as may be specified having regard to the nature of the document or information, but not being a period of less than fifteen days and not more than sixty days, and such period is excluded from the time limits specified in sub-clauses (1) and (2)sub-clause (5) of this clause provides that where an applicant for mineral concession fails to furnish documents and information as required under sub-clause (4) for processing the application or written communication, the state government after issuing a notice to show cause and giving him an opportunity of being heard, may by order forfeit the earnest money and reject his application for grant of mineral concessionsub-clause (6) of this clause provides that where an application is not disposed off within the limit specified in sub-clauses (1), (2) or (3) subject to the provisions of sub-clause (4), the applicant may apply to the national mining tribunal in the case of major minerals and the state mining tribunal in case of minor minerals, for a direction to the central government or state government, as the case may be, to dispose off the application within such reasonable period as may be specified by the national mining tribunal or the state mining tribunal, as the case may beclause 15— this clause relates to the rights of a holder of non-exclusive reconnaissance licence, prospecting licence or mining leasethis clause provides that on issue of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or mining lease under this act, it shall be lawful for the holder of such licence or lease, his agents or his servants or workmen to enter the lands over which such licence or lease had been granted at all times during its currency and carry out all such reconnaissance, prospecting or mining operations as permitted the proviso to the said clause provides that no person shall enter into any building or upon an enclosed court or garden attached to a dwelling-house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of his intention to do soclause16— this clause relates to the act and rules to apply to all extension of mineral concessionsthis clause provides that the provisions of this act and the rules made thereunder shall apply in relation to the extension after the commencement of this act of any prospecting licence or mining lease granted before such commencement as they apply in relation to the extension of a prospecting licence or mining lease granted after such commencementclause 17— this clause relates to the transfer of non-exclusive reconnaissance licence and prospecting licencesub-clause (1) of this clause provides that a holder of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence or prospecting licence may, except in the case of coal minerals, atomic minerals and beach sand minerals, after the expiry of a notice of not less than ninety days to the state government concerned, transfer his licence to any person eligible to hold such licence in accordance with the provisions of this act and the rules made thereunder the proviso to the said sub-clause provides that the holder of a prospecting licence, granted prior to the commencement of this act and valid under the provisions of this act, may after giving a notice of not less than ninety days to the state government concerned, transfer his prospecting licence only to a person holding a prospecting licence or mining lease in the adjoining area, and any transfer in contravention of this proviso shall be void the proviso to the said clause further provides that the original licensee shall intimate to the state government the consideration payable or paid by the successor-in-interest for the transfer, including the consideration in respect of the reconnaissance of prospecting operations already undertaken and the reports and data generated during the operations the proviso to the said sub-clause also provides that no such transfer shall take place if the state government, within the period specified in the notice for reasons to be communicated in writing, disapproves the transfer on the grounds that the transferee is not eligible as per the provisions of the act sub-clause (2) of this clause provides that a non-exclusive reconnaissance licence or high technology reconnaissance-cum-exploration licence or prospecting licence in respect of coal minerals, atomic minerals and beach sand minerals shall be transferred with the prior approval of the central governmentsub-clause (3) of this clause provides that on transfer of the licence, all rights and liabilities of, and under, the licence shall be transferred to the successor-in-interestsub-clause (4) of this clause provides that subject to the provisions of the sub-clause(1), the holder of a licence may transfer his rights and liabilities within a period of six months after the expiry of the mineral concession period to a person eligible under the act to hold a licencesub-clause (5) of this clause provides that on transfer of rights and liabilities, the successor–in-interest shall be entitled to consideration in terms of clause 22 or clause 25 as the case may be, as if he was the original holder of the mineral concessionsub-clause (6) of this clause provides that the state government may charge such fees for transfer of the mineral concession as may be prescribed by the central governmentsub-clause (7) of this clause provides that nothing contained in this clause shall be deemed to enable a holder of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence or a prospecting licence, in respect of land where the minerals vest in a private person, to transfer such licence other than in accordance with the terms and conditions of the mineral concession agreementclause 18— this clause relates to the transfer of a mining lease sub-clause (1) of this clause provides that the holder of a mining lease shall not, without the previous approval in writing of the state government, and in the case of coal minerals, atomic minerals and beach sand minerals, the previous approval in writing of the central government,— (a) assign, sublet, mortgage, or in any other manner, transfer the mining lease, or any right, title or interest therein; or (b) enter into or make any arrangement, contract, or understanding whereby the lessee may be directly or indirectly financed to a substantial extent by, or under which the lessee's operations or undertakings may be substantially controlled by any person or body of persons other than the lessee the proviso to the said sub-clause provides that where the mortgagee is an institution or a bank or a corporation notified for the purpose by the central government under this act, it shall not be necessary for the lessee to obtain any such approval of the state governmentsub-clause (2) of this clause provides that where a holder a mining lease has filed an application to the state government for approval of transfer of a mining lease, the state government , if it is of the opinion, having regard to the prospecting report if any, and approved mining plan and mining schemes and other related documents filed by the mining lease holder, that the amount of consideration between the transferor and the transferee is not adequate may issue notification in such manner as may be specified by the state government, inviting competitive financial bids within one month of filing of the application for transfer, giving a last date, which shall not be more than thirty days from the date of notification, to the interested persons eligible under the act to submit their financial bids for the mining lease sought to be transferredsub-clause (3) of this clause provides that in all cases where notification has been issued by the state government as per sub-clause (2), it shall, complete the evaluation of bids within a period of one month from the last date specific in the notification and,— (a) permit the holder of mining lease who has applied for transfer of mining lease to transfer the lease to the transferee at the amount of consideration stated in application in case the bid amount of the highest eligible bidder is not greater by twenty per cent than the amount of consideration stated by the holder of mining lease; or (b) direct the holder of mining lease who has applied for transfer of mining lease to transfer the lease to the highest eligible bidder in case the bid is higher than the consideration amount by more than twenty per cent and the highest eligible bidder shall pay to such holder of mining lease, a sum equal to the amount of consideration stated in the application for transfer along with an additional amount equal to twenty per cent thereof, and the remaining amount of bid shall be paid to the state government in such manner as may be prescribed by the central government the proviso to the said sub-clause provides that in all cases of applications for transfer of a mining lease granted by the state government prior to the commencement of this act by invoking the provisions of clause (5) of section 11 of the mines and minerals (development and regulation) act, 1957, the state government may collect an additional fee, as may be prescribed by the central government, for the transfer the proviso to the said sub-clause further provides that in case the state government is not able to complete the process in the time specified, the holder of the mining lease may apply to the national mining tribunal for directions in the matter the explanation to the sub-clause provides that the highest eligible bidder shall be a person who gave the highest bid and is eligible to be granted the mining lease on the day of the determination of the bidssub-clause (4) of this clause provides that the state government or the central government, as the case may be, shall not give its approval to transfer of a mining lease unless the transferee has accepted all the conditions and liabilities under any law for the time being in force to which the transferor was subject to in respect of such mining leasesub-clause (5) of this clause provides that no transfer of a mining lease shall be made to a person not eligible under this act to hold the lease and no transfer be made by a person in contravention of the condition of, and subject to which the lease was grantedsub-clause (6) of this clause provides that an application for transfer of mining lease shall,— (a) state the reason for the transfer; (b) the consideration for the transfer; (c) have attached to it, an agreement between the holder of mining lease who has applied for transfer of mining lease and the transferee setting out the terms and conditions of the offer and acceptance with a validity period of at least six months from the date of application; (d) state whether the mining lease had been granted prior to the commencement of this act by invoking the provisions of sub-clause (5) of clause 11 of the mines and minerals (development and regulation) act, 1857; and (e) give such other particulars as may prescribed by the central governmentsub-clause (7) of this clause provides that no transfer of a mining lease shall be permitted, if,— (a) it leads to fragmentation or unscientific mining; (b) it is not in the interest of mineral development; (c) it is against the national interestsub-clause (8) of this clause provides that where the mining lease is in respect of land where the minerals vest in a private person, no transfer shall be permitted except in accordance with the terms and conditions of the mineral concession agreement in regard to the consent of such personsub-clause (9) of this clause provides that the state government may charge fees for the transfer of mining lease in case of major minerals as may be prescribed by the central government and in case of minor minerals as may be prescribed by the state governmentsub-clause (10) of this clause provides that the central government and the state government shall take into account the consideration payable by the transferee to the transferor while prescribing the fee under sub-clause (7)clause 19— this clause relates to the conditions of a non-exclusive reconnaissance licencesub-clause (1) of this clause provides that in respect of every non-exclusive reconnaissance licence granted for major and minor minerals under this act and the rules made thereunder, the licence holder shall,— (a) progressively relinquish the area granted under the licence as shall be specified in accordance with the provisions of this act and the rules made thereunder; (b) file a reconnaissance plan in case of major minerals other than coal minerals with the geological survey of india, the indian bureau of mines, and the state directorate, and in case of coal minerals with the central government, and in case of minor minerals with the state directorate concerned in such manner as may be prescribed by the central government, which shall include,— (i) the particulars of the area such as aerial extent, in terms of latitude and longitude; (ii) the scale of the plan and the area of geological mapping; the particulars of the machines and instruments to be used, and the nature of the data proposed to be collected; (iii) a quarterly plan of operations; and (iv) the quarterly detailed projection of expenditure on the operations the proviso to the said sub-clause provides that in respect of minerals other than coal minerals, atomic and beach sand minerals, with the prior approval of the state directorate and in case of coal minerals, atomic minerals, beach sand minerals with the prior approval of central government, the licence holder may modify the plan of operations or the state directorate or the central government, as the case may be, may direct the licensee to modify his plan of operations, if it appears that ground operations proposed may be in conflict with the ground operations of another licensee who has already filed his plan the explanation to the sub-clause provides that, the quarterly plan of operations shall be prepared so as to exclude overlapping of ground operation of the non-exclusive licence holders who have already filed the plan of operations for the area; (c) make available all data including all the aerial, photo-geological, geophysical, geochemical and such other data collected by him to the geological survey of india, the state directorate and in case of coal minerals to the central government, in such manner and within such intervals as may be prescribed by the central government; (d) in case radiometric instruments are used, make available all radiometric data available to the atomic minerals directorate; (e) maintain detailed and accurate accounts of all the expenses incurred by him on the reconnaissance operations; (f) submit reports to the geological survey of india, the indian bureau of mines, the state directorate and in case of coal minerals, atomic minerals, beach sand minerals to the central government, in such manner and within such intervals as may be prescribed by it and while submitting reports, the licence holder may specify that the whole or any part of the report or data submitted by him shall be kept confidential; and the geological survey of india, the indian bureau of mines, the state directorate, and in case of coal minerals, the central government, thereupon, keep the specified portions as confidential for a period of six months from the expiry of the licence, or abandonment of operations or termination of the licence, whichever is earlier; (g) allow every officer authorised by the central government or the state government as the case may be, in case of major minerals and the state governments in case of minor minerals, so as to examine the accounts maintained; (h) furnish to the geological survey of india, indian bureau of mines, and the state directorate in case of major minerals, in case of coal minerals, atomic minerals, beach sand minerals to the central government, and in case of minor minerals to the state directorate concerned, such information and returns as may be required in relation to the reconnaissance operations; (i) allow any officer authorised by the geological survey of india or the state directorate in case of major minerals and the officers of state directorate in the case of minor minerals to inspect any reconnaissance operations carried on by the licence holder; (j) pay to the state government in respect of land in which minerals vest in the government, and to the person in whom the minerals vests in other cases, a licence fee as may be notified by the central government, being an amount of not less than fifty rupees per square kilometre per year and not more than five hundred rupees per square kilometre per year or part thereof the proviso to the said sub-clause provides that the notification of the central government may specify a rate that may be different for each of the successive years; (k) obtain clearance from the ministry of defence in the central government, in case any defence establishments lies in the area proposed for exploration; (l) comply with such other conditions as may be prescribed by the central governmentsub-clause (2) of this clause provides that the non exclusive reconnaissance licence may contain such other general conditions as may be prescribed in the interest of public safety or national security by the central government which, inter alia, may include the condition that a representative of the directorate general, the civil aviation or the ministry of defence shall be present during the aerial surveyssub-clause (3) of this clause provides that the central government in case of coal minerals and the indian bureau of mines in case of other major minerals may issue direction to a non exclusive reconnaissance licence holder to ensure compliance with the conditions of the licence and the licence holder shall be bound to comply with such directionssub-clause (4) of this clause provides that the licence holder shall before starting operations, deposit as security an amount equal to the licence fee levied for the first year and in case of breach of any condition imposed on a holder of a non-exclusive reconnaissance licence by or under this act, the state government may by order in writing, suspend, curtail or revoke the licence, and may forfeit in whole or in part, the amount deposited by the licence holder as security the proviso to the said sub-clause provides that no such order shall be made without issuing a notice to the licence holder to show cause and giving him a reasonable opportunity of being heard the proviso to the said sub-clause further provides that in case of land in which the minerals vest in a person other than the government, the state government shall give such person an opportunity of being heard and may issue directions to him to suspend, curtail or revoke the mineral concession or forfeit the security in accordance with the terms and conditions of the mineral concession agreementsub-clause (5) of this clause provides that in every case where a part or all of the security deposit has been forfeited, the licensee, shall furnish security deposit to make up the deficiency before recommencing operations under the licencesub-clause (6) of this clause provides that any amount deposited as security deposit in accordance with the provisions of sub-clause (3) shall unless forfeited, be returned to the licensee at the end of the six months period following the expiry or termination of the licence the proviso to the said sub-clause provides that in case the return of the security or such part thereof as may be payable takes place more than thirty days after the expiry of the six months period, a simple interest at the rate of six per cent per annum shall be payable for the period beyond thirty daysclause 20— this clause relates to the procedure for grant of non-exclusive reconnaissance licencesub-clause (1) of this clause provides that an application for grant of a non-exclusive reconnaissance licence in respect of any land in which the minerals vest in the government shall be made to the state government concerned in such form and manner, along with such application fee and the earnest money as may be prescribed by the central governmentsub-clause (2) of this clause provides that the state government shall acknowledge the receipt of the applications and cause them to be registered in such manner as may be prescribed by the central government in a register that shall be open to inspection by the publicsub-clause (3) of this clause provides that the state government shall grant the nonexclusive reconnaissance licence to every applicant who is eligible in accordance with the provisions of this act and the rules made thereundersub-clause (4) of this clause provides that in all cases where the state government refuses an application, it shall communicate the reasons therefor the proviso to the said sub-clause provides that no application shall be refused,— (a) without communicating the grounds and giving the applicant an opportunity to represent within a reasonable period of not less than thirty days; and (b) on grounds of incompleteness of material particulars without requiring the applicant to supply the requisite documents or informationsub-clause (5) of this clause provides that grant of every non-exclusive reconnaissance licence shall be notified in the official gazette, and in the official website by the state governmentclause 21—this clause relates to conditions of a high-technology reconnaissancecum-exploration licence and prospecting licencesub-clause (1) of this clause provides that in respect of every high-technology reconnaissance-cum-exploration licence granted for major minerals and prospecting licence granted for major minerals and minor minerals under this act and the rules made thereunder, the licence holder shall,— (a) progressively relinquish the area granted under the licence as shall be specified in accordance with the provisions of the act and the rules made thereunder, (b) prepare and file an exploration plan in respect of a high technology reconnaissance-cumexploration licence or a prospecting plan in case of a prospecting licence with the geological survey of india, the indian bureau of mines and the state directorate in respect of major minerals (other than coal minerals and in case of coal minerals) with the central government, and the state directorate in the case of minor minerals including such particulars and, in such manner as may be prescribed by the central government, which shall include,— (i) the particulars of the area being prospected; (ii) the scale of the plan and the area of geological mapping; (iii) a six monthly plan of operations including,— (a) the number of pits, trenches, and bore holes which he proposes to put in the area; (b) the number of samples proposed to be drawn and analysed; (c) the particulars of the machines to be used; (d) the details of exploratory mining if any, proposed to be undertaken; (e) the beneficiation studies proposed to be undertaken; (iv) appropriate baseline information of prevailing environmental conditions before the beginning of prospecting operations; (v) steps proposed to be taken for protection of environment which shall include prevention and control of air and water pollution, progressive reclamation and rehabilitation of the land disturbed by the prospecting operations, a scheme for the plantation of trees, restoration of local flora and water regimes and such other measures, as may be directed from time to time by the indian bureau of mines or the state directorate as the case may be for minimizing the adverse effect of prospecting operations on the environment; (vi) the details of the six monthly expenditure to be incurred on the operations; (vii) any other matter relevant for scientific prospecting, as directed by the indian bureau of mines or the state directorate, as the case may be, from time to time by a general or specific order the proviso to the said sub-clause provides that the exploration plan shall be filed with the geological survey of india in respect of high-technology reconnaissance-cum-exploration licence, in such manner as may be notified by the geological survey of india from time to time; (c) carry out the prospecting operations in accordance with the exploration plan or a prospecting plan submitted by him, with such modifications, if any, as directed by the indian bureau of mines or the state directorate and in case of coal minerals the central government, as the case may be the proviso to the said sub-clause provides that where the licensee proposes to conduct prospecting operations in a manner at variance with the plan already submitted, he shall prepare and file a revised or supplementary exploration or a prospecting plan in such manner as may be prescribed by the central government; (d) make available all data collected by him during prospecting operations to the geological survey of india, indian bureau of mines and the state directorate, in case of coal minerals to the central government, and in case of atomic minerals, to the atomic minerals directorate in such manner as may be prescribed by the central government the proviso to the said sub-clause further provides that such data shall be made available to the geological survey of india in respect of high-technology reconnaissance-cum-exploration licence, to such an extent as may be notified by the geological survey of india from time to time; (e) maintain complete and correct accounts of all the expenses incurred by him during the prospecting operations; (f) submit a report on progress of operations under the exploration plan or prospecting plan to the indian bureau of mines and the state directorate and in case of coal minerals to the central government, in such manner and intervals as may be prescribed by the central government; (g) pay to the state government in respect of any land in which the minerals vest with it, and to the person in whom the minerals vest in other case such prospecting fee, as may be notified by the central government, being an amount not exceeding rupees fifty per hectare of land covered by the licence for each year or part of a year of the period for which the licence is granted or extended the proviso to the said sub-clause also provides that the notification of the central government may specify a rate that may be different for each of the successive years; (h) within three months after the determination of the licence or the date of abandonment of the prospecting operations, whichever is earlier, securely plug all bores and fill up or fence all excavations in the land covered by the licence the proviso to the said item provides that if in any part of the area the licencee receives a letter of intent for grant of mining lease within this period he may carry out such amount of work as may be consistent with the mining operations under such lease; (i) in case the minerals vest in the government, report to the state directorate the discovery of any mineral not specified in the licence within a period of sixty days from the date of such discovery and consequent upon such reporting, such newly discovered minerals (except coal minerals, atomic minerals and beach sand mineral) are deemed to have been included in the high technology reconnaissance-cum-exploration licence or a prospecting licence, as the case may be the proviso to the said item provides that in case of high technology reconnaissancecum-exploration licence, only major minerals other than iron ore, bauxite, limestone, coal minerals or other bulk minerals may be included in the licence; (j) take immediate measures, in such manner as may be prescribed by the central government, to restore, as far as possible and at least to the extent given in the exploration plan or prospecting plan, the areas in which prospecting operations have been conducted, including replacement of soil cover, removal of contaminants and pollutants introduced during prospecting operations, restoration of local flora and water regimes in such manner as may be prescribed by the central government; (k) pay to the person holding occupation rights of the surface of the land such compensation as may be notified; (l) obtain clearance from the central government in the ministry of defence, in case the defence establishments are situated in the area proposed for exploration; (m) comply with such other conditions as may be prescribed by the central governmentsub-clause (2) of this clause provides that a high technology reconnaissance-cumexploration licence or a prospecting licence may contain such other general conditions which are as follows, namely,— (a) compensation for damage to land in respect of which the licence has been granted; (b) indemnity to government against the claims of a third party for any damage, injury or disturbance caused to him by the licensee; (c) restrictions regarding felling of trees on occupied and unreserved government land; (d) restrictions on prospecting operations in any area prohibited by any competent authority; (e) operations in a reserved or protected forest; (f) entry on occupied land; (g) facilities to be given by the licensee for working other minerals in the licence area or adjacent areas; and (h) filing of civil suits or petitions relating to disputes arising out of the area under the high technology reconnaissance-cum-exploration licence or a prospecting licence to ensure compliance with the conditions of the licence and the licence holder shall comply with such directionssub-clause (3) of this clause provides that the central government in case of coal minerals and the indian bureau of mines in case of other major minerals or the state directorate may issue directions to a holder of a high-technology reconnaissance-cum-exploration licence or a prospecting licence to ensure compliance with the conditions of the licence and the licence holder shall comply with such conditionssub-clause (4) of this clause provides that before grant of a high-technology reconnaissance-cum-exploration licence or prospecting licence, the applicant shall deposit a sum equal to the licence fee as security for the first year and in case of breach of any condition imposed on any holder of a high-technology reconnaissance-cum-exploration licence or a prospecting licence by or under this act, the state government may, by order in writing, suspend, curtail or cancel the licence and may forfeit, in whole or part, the amount deposited by the licensee the proviso to the said sub-clause provides that no such order shall be made without issuing a notice to the licensee to show cause and giving him a reasonable opportunity of being heard the proviso to the said sub-clause further provides that in case of land in which the minerals vest in a private person, the state government shall afford such person an opportunity of being heard and may issue directions to him to suspend, curtail or revoke the mineral concession or forfeit the security in accordance with the terms and conditions thereofsub-clause (5) of this clause provides that in every case where a part or all of the security deposit has been forfeited, the licensee shall furnish security to make up the deficiency before recommencing operations under the licencesub-clause (6) of this clause provides that any amount deposited as security, in accordance with the provisions of sub-clause (4), shall unless forfeited, be returned to the licensee at the end of six months after the expiry or termination of the licence, as the case may be the proviso to the said sub-clause provides that in case the return of the security or such part thereof as may be payable takes place more than thirty days after the expiry of the said period of six months, a simple interest at the rate of six per cent per annum shall be payable by the state government for the period beyond thirty daysclause 22—this clause relates to the procedure for grant of high-technology reconnaissance-cum-exploration licence and prospecting licencesub-clause (1) of this clause provides that applications for grant of a high-technology reconnaissance-cum-exploration licence or prospecting licence in respect of any land in which minerals vest in the government shall be made to the state government concerned in such form and manner, along with such fee and earnest money as may be prescribed by the central governmentsub-clause (2) of this clause provides that the state government shall acknowledge the receipt of the application and the same shall be recorded in a register in such manner, as may be prescribed by the central government, which shall be open to public for inspection in such manner as may be specified by itsub-clause (3) of this clause provides that the state government shall consider only such applications as are eligible in accordance with the provisions under this act and the rules made thereunder and refuse all ineligible applications for reasons to be communicated to the applicants the proviso to the said sub-clause provides that the applications received later to the first eligible application in respect of an area shall not be considered till disposal of all applications received earlier and communication to the applicants of the reasons for the disposal the proviso to the said sub-clause further provides that in case of grant of prospecting licence, such applications shall also be subject to the provisions of sub-clause (7)sub-clause (4) of this clause provides that except in the case of applications for prospecting licences received in response to a notification under sub-clause (1) of clause 13 of this act, the state government shall grant the high-technology reconnaissance-cumexploration licence or prospecting licence in respect of the land to the first applicant eligible under this act and the rules made thereunder and all other applicants be deemed to have been refused to the extent of the area granted to the first applicant the proviso to the said sub-clause provides that in case of prospecting licence, such applications shall also be subject to the provisions of sub-clause (7)sub-clause (5) of this clause provides that in all cases where the state government refuses an application and proceeds to consider a subsequent application, it shall communicate the reasons therefor the proviso to the said sub-clause provides that no application shall be refused,— (a) without communicating the grounds and giving the applicant an opportunity to represent within a reasonable period of not less than thirty days; and (b) on grounds of incomplete material particulars in the application, without requiring the applicant to supply the requisite documents or informationsub-clause (6) of this clause provides that in case of grant of prospecting licence, the application shall not be refused on the ground that other applications have been received for grant of non-exclusive reconnaissance licence or high-technology reconnaissance-cumexploration licence in the area applied sub-clause (7) of this clause provides that in case of grant of prospecting licence, the application of a person eligible under this act, made within six months of completion of reconnaissance operations under a non-exclusive reconnaissance licence held by him or held by his predecessor-in-interest has the first right to the exclusion of other applications notwithstanding anything in sub-clauses (3) and (4) to the contrary and where there is more than one such application for the same land, the application received later shall not be considered till disposal of all applications received earlier and communication of reasons for the disposal, and the state government shall grant the licence to the earliest applicant eligible for the licence the explanation to the said sub-clause provides that the person who intends to invest in reconnaissance operations, directly or by acquiring the reconnaissance data shall have the legitimate expectation that his investment will enable him to acquire prospecting rights to the exclusion of a person who makes no such investmentsub-clause (8) of this clause provides that grant of every high-technology reconnaissance-cum-exploration licence or a prospecting licence shall be notified in the official gazette and in the official website of the state governmentclause 23—this clause relates to the issue of notification where prospecting operations are to be undertaken by the geological survey of india, etcsub-clause (1) of this clause provides that where a reconnaissance or prospecting operation in respect of lands in which minerals vest in the government is to be undertaken by the geological survey of india, the atomic minerals directorate, the state directorate, the mineral exploration corporation limited, the singareni collieries limited or the neyveli lignite corporation limited, the central mine planning and design institute limited or such other agencies as may be notified in this behalf, under clause 4, the state government shall issue a notification giving details of the area, and the period for which the reconnaissance or the prospecting operations are to be undertaken the proviso to the said sub-clause provides that such period shall not be for more than six yearssub-clause (2) of this clause provides that the agency undertaking prospecting operation shall make a report for every six months of its progress of reconnaissance or prospecting in such manner as may be prescribed by the central government, and submit the reconnaissance or prospecting report and the geological study, pre-feasibility study or feasibility study, as the case may be, to the state government at the end of the reconnaissance or prospecting operations in such manner and such terms and conditions as may be prescribed by the central governmentsub-clause (3) of this clause provides that the state government may revoke a notification issued under sub-clause (1), if the reconnaissance or prospecting operations have been completed before the expiry of the period stated in the notificationsub-clause (4) of this clause provides that the state government shall not entertain any application for grant of any non-exclusive reconnaissance licence or high-technology reconnaissance-cum-exploration licence or prospecting licence or mining lease to any person for an area or part thereof in relation to which a notification has been issued under subclause (1), for the period that the notification is in operation, and such application is deemed never to have been made clause 24—this clause relates to the conditions of a mining leasesub-clause (1) of this clause provides that every mining lease for a major mineral or a minor mineral shall be subject to the fulfilment of the following conditions, namely,— (a) all mining operations shall be in accordance with a mining plan prepared in accordance with the provisions of this act or the rules made thereunder; (b) the lessee shall report to the state government, the discovery of any mineral in the leased area not specified in the lease for which rights vest in the government, within a period of sixty days of such discovery; (c) if any mineral not specified in the lease is discovered in the leased area, the lessee shall not win and dispose of such mineral unless such mineral is included in the lease or a separate lease is obtained therefor; (d) the lessee shall pay to the state government in case of land in which minerals vest in the state government and to the person in whom the minerals vest in other cases, for every year or part thereof, except the first year of the lease, yearly dead rent at the rate specified in the third schedule of the act subject to the provisions of clause 42 of the act the proviso to the said sub-clause provides that if the lease or licence relates to the working of more than one mineral in the same area, the state government or the person in whom the minerals vest in other cases, as the case may be, shall not charge separate dead rent in respect of each mineral the proviso to the said sub-clause further provides that the lessee shall be liable to pay the dead rent or royalty in respect of each mineral whichever is higher in amount but not both; (e) the lessee shall also pay, for the surface area used by him for the purposes of mining operations, surface rent and water rate at such rate, as may be prescribed by the state government; (f) the lessee shall furnish the following in such manner and in such period as may be prescribed by the central government, namely,— (i) all geological, geochemical and geophysical and hydrological data relating to the leased area collected by him during the course of operations to the indian bureau of mines and the state directorate and in case of coal minerals to the central government; (ii) all information pertaining to investigations of atomic minerals collected by him during the course of mining operations to the atomic minerals directorate; (g) the lessee shall commence mining operations within a period of two years from the date of execution of the lease and thereafter conduct such operations in a scientific, skillful and workman-like manner the explanation to the said sub-clause provides that mining operations shall include the erection of machinery, laying of a tramway or construction of a road in connection with the working of the mine; (h) the lessee shall,— (i) at his own expense, erect and at all times maintain and repair boundary marks and pillars necessary to indicate the demarcation shown in the plan annexed to the lease; (ii) not carry on, or allow to be carried on, any mining operations at any point within a distance of fifty metres from any railway line, except under and in accordance with the written permission of the railway administration concerned or under or beneath any ropeway or ropeway trestle or station, except under and in accordance with the written permission of the authority owning the ropeway or from any reservoir, canal or other public works, or buildings, except under and in accordance with the previous permission of the state government; (iii) strengthen and support, to the satisfaction of the railway administration concerned or the state government, as the case may be, any part of the mine which in its opinion requires such strengthening or support for the safety of any railway, reservoir, canal, roads or any other public works or buildings; (i) the lessee shall keep accurate and correct accounts showing the quantity and other particulars of all minerals obtained and dispatched from the mine, the number and nationality of the persons employed therein, and complete plans of the mine, and allow any officer authorised by the central government or the state government, as the case may be in this behalf, by general or special order, to examine at any time any accounts, plans and records maintained by him and furnish the central or the state government, as the case may be, with such information and returns as it or any officer authorised by it in this behalf may require; (j) the lessee shall keep in such manner and in respect of such matters as may be prescribed by the central government, accurate records of all trenches, pits and drillings made by him in the course of mining operations carried on by him under the lease, and allow any officer authorised by the central government or the state government, as the case may be, in this behalf by general or special order to inspect the same; (k) the lessee shall allow any officer authorised by the central government or the state government, as the case may be, in this behalf by general or special order to enter upon any building, excavation or land comprised in the lease for the purpose of inspecting the same; (l) the lessee shall carry on his operations in accordance with the approved mining plan and take immediate measures in such manner as may be prescribed by the central government to restore, as far as possible and at least to the extent given in the mining plan, the areas in which mining operations have been conducted, including replacement of soil cover, removal of contaminants and pollutants introduced during mining operations, restoration of local flora, and water regimes in such manner as may be prescribed by the central government; (m) the lessee shall pay to the district mineral foundation such amount as specified in sub-clause (2) of clause 43; (n) the lessee shall deposit with the state government in case of major minerals that vest in the government, an amount calculated at the rate of rupees one lakh per hectare of the lease area payable in equal instalments over the mining plan period as security for due observance of the terms and conditions of the lease the proviso to the said sub-clause provides that the central government may from time to time, by notification, vary the amount of the deposit in respect of leases granted after such notification the proviso to the said sub-clause further provides that in case the mineral vests in a person other than the government, such person shall require to deposit such sum not less than the rate specified in the first proviso the proviso to the said sub-clause also provides that in case of small deposits the lessee shall be required to pay security deposit for the broken up area, mineral storage and waste and over-burden area in the mining lease as per the rate prescribed by the central government in this sub-clause the proviso to the said sub-clause also provides that in the case of minor minerals the deposit shall be such as may be notified by the state government and the provisions of this clause apply mutatis mutandis to minor minerals; (o) the lessee shall set up a grievance redressal mechanism in such manner as may be prescribed by the central government, to address concerns of persons affected by mining operations in accordance with the requirements of the sustainable development framework in terms of clause 46; (p) the lessee shall comply with such other conditions as may be prescribed by the central governmentsub-clause (2) of this clause provides that the indian bureau of mines or the state directorate may issue directions to a lessee to ensure compliance with the conditions of the lease and the lessee shall comply with such directionssub-clause (3) of this clause provides that if the lessee does not allow entry or inspection in respect of any matter covered under sub-clause (1), or does not comply with directions issued under sub-clause (2) where it relates to land in which minerals vest in the government, the state government shall give notice in writing to the lessee requiring him to show cause within such time as may be specified in the notice, which is not less than two days and not more than fifteen days, as to why the lease not be determined and his security deposit forfeited, and if the lessee fails to show cause within the aforesaid time to the satisfaction of the state government, in respect of land in which mineral vest in the government, the state government may determine the lease and forfeit the whole or part of the security deposit the proviso to the said sub-clause provides that in respect of any land in which the minerals vest in a person other than the government, the government may, after giving an opportunity of being heard to such person, direct him to determine the lease and forfeit the whole or part of the security depositsub-clause (4) of this clause provides that if the lessee makes any default in the payment of royalty as required under clause 41 or payment of dead rent as required under clause 42 or payment of compensation to the district mineral foundation as required under clause 43 or payment of cess as required under clause 45 or clause 46 or commits a breach of any of the conditions specified in sub-clause (1), the state government shall give a show cause notice to the lessee requiring him to pay the royalty or dead rent or payment of compensation to district mineral foundation or cess, as the case may be, along with interest at the rate of fifteen per cent per annum or remedy the breach, as the case may be, within a period of thirty days from the date of the receipt of the notice and if the royalty or dead rent or payment of compensation to district mineral foundation or cess is not duly paid along with the interest or the breach is not remedied within the said period, the state government in case the minerals vest in it, may without prejudice to any other proceedings that may be taken against him, determine the lease and forfeit the whole or part of the security deposit the proviso to the said sub-clause provides that in respect of land where the minerals vest in a person other than the government, the government may, after giving an opportunity of being heard to such person, direct him to determine the lease and forfeit the whole or part of the security depositsub-clause (5) of this clause provides that in every case where part or all of the security has been forfeited the lessee shall furnish security to make up the deficiency before recommencing operationssub-clause (6) of this clause provides that any amount deposited as security deposit in accordance with the provisions of sub-clause (4) shall, unless forfeited, be returned to the lessee at the end of the six months period after the expiry or termination of the lease the proviso to the said sub-clause provides that in case the return of the security deposit or such part thereof as may be payable takes place more than thirty days after the expiry of the six months period, simple interest at the rate of six per cent per annum shall be payable for the period beyond thirty days clause 25—this clause relates to the procedure for grant of mining leasesub-clause (1) of this clause provides that the mining lease in respect of land in which minerals vest in the government shall, except in case where a mining lease is granted in accordance with the provisions of sub-clause (5) of clause 13, be granted only on application made by a person who has held a high-technology reconnaissance-cum-exploration licence or a prospecting licence for the area and no other applications shall be entertained in this regardsub-clause (2) of this clause provides that the state government shall acknowledge the receipt of the application and the same shall be registered in a register in such manner, as may be prescribed by the central government, which shall be open to public for inspection in such manner as may be specified by itsub-clause (3) of this clause provides that the application of a person, eligible under this act, made within six months of completion of operations under a high-technology reconnaissance-cum-exploration licence or prospecting licence held by him or held by his predecessor-in-interest shall be approved for grant of mining lease subject to eligibility and the fulfilment of general conditions as may be prescribed by the central government, and such special conditions as specified under sub-clause (3) of clause 13 the proviso to the said sub-clause provides that in case such application for mining lease is rejected, no other application shall be considered and the area shall be notified for grant of mineral concession under sub-clause (1) or sub-clause (5) of clause 13, as the case may besub-clause (4) of this clause provides that in every case of an approval for grant of mining lease under sub-clause (3), the state government shall issue a letter of intent to the applicant enabling him to obtain the statutory approvals and clearances necessary for the execution of the lease deedsub-clause (5) of this clause provides that grant of every lease shall be notified in the official gazette and in the official website of the state governmentclause 26—this clause relates to the mining operations to be in accordance with mining plansub-clause (1) of this clause provides that subject to the provisions of this act and rules made thereunder, mining operations shall be undertaken in accordance with a mining plan, prepared for the entire leased area in such manner as may be prescribed by the central government, which may include scientific methods of mining within a sustainable development framework, beneficiation and economic utilisation and induction of technology to ensure extraction and best utilisation of the run of the mine the proviso to the said subclause provides that a mining plan shall not be required in respect of such minor minerals as are notified for the purpose by the state government in consultation with the indian bureau of mines the proviso to the said sub-clause further provides that in respect of any minor mineral for which a mining plan is not required, the state government, in consultation with the indian bureau of mines, shall prescribe a framework with which mining operations be carried out and the mining framework deemed to be in the nature of a general directions issued under clause 46 of this act the proviso to the said sub-clause also provides that for the purposes of clause 12, and clause 24, the framework shall be deemed to be the mining plansub-clause (2) of this clause provides that on acceptance of an application for a mining lease, and before the execution of the lease, the applicant shall cause to be prepared and approved a mining plan for the entire area proposed to be granted for lease in such manner as may be prescribed by the central governmentsub-clause (3) of this clause provides that without prejudice to the generality of the provisions of the mining plan, there shall be attached to the mining plan in respect of all major minerals, a corporate social responsibility document, comprising of a scheme for annual expenditure by the lessee on socio-economic activities in and around the mine area for the benefit of the host population in the panchayats adjoining the lease area and for enabling and facilitating self employment opportunities, for such population, and the lease holder shall, at the end of each financial year, publish in his annual report and display on the website, the activities undertaken during the year and the expenditure incurred thereonsub-clause (4) of this clause provides that no mining plan shall be approved, unless it is prepared by a qualified person or firm or other association of persons empanelled in this behalf in such manner as may be prescribed by the central governmentsub-clause (5) of this clause provides that no person shall be empanelled for purposes of sub-clause (4) unless he,— (a) is qualified as a mining engineer or geologist; (b) has fulfilled the requisite experience as may be prescribed by the central government; and (c) meets such other requirements as may be prescribed by the central government in order to further the objective of scientific mining the provisos to the said sub-clause provides that the central government may prescribe different eligibility conditions and other condition of accreditation for different grades of persons or companies based on the nature and quality of expertisesub-clause (6) of this clause provides that the mining plan for major minerals shall, except in case of coal minerals and atomic minerals, be approved by officers of the indian bureau of mines, authorised by general orders in this behalf by the controller general, and for minor minerals the plan shall be approved by officers of the state directorate authorised in this behalf, by the general order of the state governmentthe proviso to the said sub-clause provides that the central government may, on being satisfied that the state directorate possesses the necessary technical and management capability as may be prescribed, empower the state directorate to grant approvals for such major minerals and in such circumstances as may be specified in the notification the proviso to the said sub-clause further provides that in case the central government, at any time, is of the opinion that the state directorate does not possess the requisite technical and management capability, it may suspend or revoke the power granted and may direct it to be exercised by officers of the indian bureau of mines in accordance with the provisions of this sub-clausesub-clause (7) of this clause provides that any person aggrieved by the approval or refusal under sub-clause (6) in respect of a mining plan for major minerals other than coal and atomic minerals, may apply to the controller general, the indian bureau of mines, for reversal or modification of such an order and the controller general may confirm, modify or set aside the order or direction in respect of the mining plansub-clause (8) of this clause provides that any person aggrieved by the order or direction under sub-clause (6) in respect of a mining plan or a framework for minor minerals may apply to the director of the state directorate for cancellation or modification of such an order and the director may confirm, modify or set aside the order or direction in respect of the mining plan or framework, as the case may besub-clause (9) of this clause provides that no person shall conduct mining operations in any area except in accordance with a mining plan as approved under this actsub-clause (10) of this clause provides that the controller general or authorised officer of the indian bureau of mines or the officer authorised in this behalf by the state directorate, as the case may be, may require the holder of a mining lease to make such modifications in the mining plan or impose such conditions as may be considered necessary by an order in writing if such modifications or imposition of conditions are considered necessary,— (a) in the light of the experience of operation of mining plan; and (b) in view of the change in the technological environmentsub-clause (11) of this clause provides that in respect of coal minerals and atomic minerals, the provisions of this clause shall be applied mutatis mutandis by the central governmentclause 27— this clause relates to the rights of a lessee this clause provides that subject to the provisions of this act or any law for the time being in force, the lessee with respect to the land leased to him shall have the right for the purpose of mining operations on that land, to— (a) work the mines; (b) sink pits and shafts and construct buildings and roads; (c) erect plant and machinery; (d) quarry and obtain building material and road materials and make bricks; (e) use water and take timber; (f) use land for stacking purpose; (g) install fuel pumps or stations for diesel or petrol for own use; (h) construct magazine for explosives, and storage sheds for explosive related substances with permission from the licensing authority concerned; (i) store overburden material in areas identified for the purpose; (j) divert public roads, overhead electric lines passing through the lease area, to facilitate scientific mining, and; (k) do any other thing as specified in the lease clause 28— this clause relates to the extension of mining leasesub-clause (1) of this clause provides that an application for the extension of a mining lease shall be made in such manner as may be prescribed by the state government through such officer or authority as it may specify in this behalf, or the person in whom the minerals vest, as the case may be, at least twenty four months before the date on which the lease is due to expiresub-clause (2) of this clause provides that the extension of a lease which was granted with the prior approval of the central government shall be extended with the prior approval of the central governmentsub-clause (3) of this clause provides that an application for extension made under sub-clause (1) shall be disposed of by the authority competent to grant a lease for the mineral within twelve months from the date of receipt of the application and the provisions of subclauses (4), (5) and (6) of clause 14 shall, mutatis mutandis, apply to applications for extension the proviso to the said sub-clause provides that before granting approval for a second or subsequent extension of a mining lease, in respect of land in which minerals vest in the government, the state government shall seek a report from the indian bureau of mines in respect of major minerals other than coal and atomic minerals and the state directorate in the case of minor minerals, as to whether it is in the interest of mineral development to grant the extension of the mining lease the proviso to the said sub-clause further provides that in case a report is not received from the indian bureau of mines within a period of three months of receipt of the communication from the state government, it would be deemed that the indian bureau of mines has no objection to the grant of extension of the mining leasesub-clause (4) of this clause provides that if an application for the extension of a mining lease made within the time referred to in sub-clause (1) is not disposed off by the state government before the date of expiry of the lease, the period of the lease shall be deemed to have been extended till the state government passes an order thereon or the person in whom the minerals vest communicates his approval or rejection of the application, as the case may besub-clause (5) of this clause provides that the state government may, by an order condone the delay in an application for extension of mining lease made after the time limit specified in sub-clause (1) if the application has been made before the expiry of the lease and there are sufficient reasons, to be recorded in writing, to condone the delay, and the provisions of sub-clause (4) shall be applicable in such case clause 29—this clause relates to the lapsing of leases and revivalsub-clause (1) of this clause provides that subject to the provisions of this clause, in respect of land in which the minerals vest in the government, where mining operations are not commenced within a period of two years from the date of execution of the lease, or discontinued for a continuous period of two years after the commencement of such operations, the state government may after issuing a notice to the lease holder to show cause and giving him an opportunity of being heard, declare that the lease has lapsed and without prejudice to the foregoing, the state government on being satisfied that the lessee did not show due diligence, may also declare him to be in breach of the conditions of such lease and, therefore, ineligible for consideration under sub-clause (3) of clause 20 or subclause (3) of clause 22 or sub-clause (3) of clause 25, as the case may be, for such period not exceeding five years as may be specified, having regard to the nature of the breachsub-clause (2) of this clause provides that a lessee who is unable to commence the mining operations within a period of two years from the date of execution of the mining lease, or discontinues mining operations for a period exceeding two years for reasons beyond his control, may, at least three months before the expiry of such period, seek extension of period for commencing or recommencing mining operations, as the case may be, and the state government on being satisfied the adequacy and genuineness of the reasons for noncommencement of mining operations or discontinuance thereof, pass an order condoning the period of delay in commencement or recommencement of the mining operations, as the case may be the proviso to the said sub-clause provides that such an order shall be passed by the state government within a period of three months from the date of receipt of the applicationsub-clause (3) of this clause provides that a lessee who is unable to commence the mining operations within a period of two years from the date of execution of the mining lease, or discontinues mining operations for a period of exceeding two years for reasons beyond his control, may within a period of six months from the date of its lapse, seek revival of the lease and the state government on being satisfied about the adequacy of the reasons for non-commencement of mining operations or discontinuance, may pass an order reviving the lease the proviso to the said sub-clause provides that such an order shall be passed within a period of six months from the date of making an application for revival the proviso to the said sub-clause further provides that the lease has not been revived earlier under this subclause for more than twice during the entire period of the lease the proviso to the said subclause further provides that in respect of coal, atomic minerals and beach sand minerals, prior approval of the central government shall be obtained before orders are issued under this clausesub-clause (4) of this clause provides that the manner, the procedures for condonation of delay and the reasons for commencement or recommencement in respect of matters specified in sub-clauses (2) and (3) shall be such as may be prescribed by the central governmentsub-clause (5) of this clause provides that any person aggrieved by an order, passed by the state government under sub-clause (3) of this clause provides that clauses (1), (2) or (3) or by failure of the state government to pass an order within the sub-clause (3) of this clause provides that period specified therein, may apply to the national mining tribunal or state mining tribunal, as the case may be, and the tribunal concerned may issue appropriate direction clause 30—this clause relates to the determination of leasesub-clause (1) of this clause provides that a lessee shall not determine the lease except after notice in writing of not less than twelve calendar months to the state government or to such officer, or the authority as the state government may specify in this behalf in respect of land in which minerals vest with the government and to the person in whom the minerals vest in other cases, in accordance with the terms and conditions of the mineral concession the proviso to the said sub-clause provides that where a lessee, holding a mining lease for a mineral or for a group of minerals, applies for the surrender of the lease or part area thereof or any mineral from the lease on the ground that deposits of that mineral have since exhausted or depleted to such an extent that it is no longer economical to work the mineral, he shall give notice of not less than six months and the state government or the person in whom the minerals vest, as the case may be, may permit the lessee to surrender that lease or part area thereof or minerals, as the case may be, subject to conditions as may be prescribed by the central governmentsub-clause (2) of this clause provides that in every case where a lease is determined or surrendered under sub-clause (1) the lessee at his own cost prepare and implement a final mine closure plan in accordance with the provisions of clause 32 and shall close the mine or part thereof in accordance with the provisions of clause 33sub-clause (3) of this clause provides that in respect of any land in which the minerals vest in the government, in the event of breach of any of the conditions of the lease, the state government may by an order, after giving an opportunity of being heard to the lessee, determine the lease or forfeit in whole or in part, the amount deposited as security by the lessee, and in case the lease is determined shall direct the lessee to prepare and implement a final mine closure plan in accordance with the provisions of the clauses 32 and 33, and in the event of his failure to do so, may prepare and implement the plan at the cost of the lesseesub-clause (4) of this clause provides that where it appears to the central government, upon any investigation conducted by a central government agency under the national investigation agency act, 2009 or any other law for the time being in force, that the mining activities in any area under lease is related to or aiding or abetting organised crime or antinational activities of outlawed or insurrectionist organisations or that such mining activities is prejudicial to the national security, it may, for reasons to be recorded in writing, direct the state government to determine mining lease and the state government shall determine the lease forthwith, and shall issue a direction to the person in whom the minerals vest in all other cases, to determine the lease sub-clause (5) of this clause provides that in respect of any land in which the minerals vests in a private person where the lease is determined due to breach of any of the conditions of the lease, such person shall prepare and implement the final mine closure plan at his costsub-clause (6) of this clause provides that any person aggrieved by an order, made under sub-clause (3) or sub-clause (4), may apply to the national mining tribunal in respect of an order issued by the central government or an order issued by the state government, as the case may be, in respect of major mineral, and to the state mining tribunal in respect of minor mineral, and the national mining tribunal or the state mining tribunal, as the case may be, may after giving an opportunity of being heard to the party, confirm, modify or set aside the orderclause 31—this clause relates to the premature termination of lease sub-clause (1) of this clause provides that where the state government is of the opinion that it is in the public interest or in the interest of public safety to do so, it may for reasons to be recorded in writing make an order of premature termination of the mining lease in case the minerals vest in the government, and issue a direction to this effect to the person in whom the minerals vest in other cases the proviso to the said sub-clause provides that no premature termination of a mining lease shall be made without giving the lessee a reasonable opportunity of being heardsub-clause (2) of this clause provides that in every case of premature termination of a lease, made under sub-clause (1), the state government shall, having regard to the nature of the loss caused to the lessee, compensate the lessee in such manner as may be prescribed by the central governmentsub-clause (3) of this clause provides that a person aggrieved by an order under subclause (1) or sub-clause (2) may apply to the national mining tribunal in case of major minerals and the state mining tribunal in case of minor minerals, for revision, modification or cancellation of such order, and the national mining tribunal or the state mining tribunal, as the case may be, may pass such order as may be appropriate clause 32—this clause relates to the mine closure plan sub-clause (1) of this clause provides that every mining lease shall have a mine closure plan prepared in terms of a sustainable development framework, which shall consist of:— (i) a progressive mine closure plan for each mine; and (ii) a final mine closure plansub-clause (2) of this clause provides that every mine closure plan shall be available for inspection by the public in the office of the authority competent to approve such a plan, and also in the office of the panchayat having jurisdiction and such other places as may be notifiedsub-clause (3) of this clause provides that a progressive mine closure plan shall be prepared for each mine for a period of five years at a time commencing with the period of the lease, and for every period of five years thereafter, in such manner as may be prescribed by the central government the proviso to the said sub-clause provides that the progressive mine closure plan shall include details of closure, rehabilitation and restoration activities proposed to be carried out in the five year period and the projected investments in this respect, except in the case of the first progressive mine closure plan, the details of activities actually carried out and the expenditure incurred in each of the preceding progressive closure planssub-clause (4) of this clause provides that the lessee shall submit the progressive mine closure plan to the indian bureau of mines and the state directorate in the case of major minerals other than coal and atomic minerals, to the coal controller in case of coal minerals, and to the atomic minerals directorate in case of atomic minerals, and to the state directorate in the case of minor minerals and a copy thereof shall be sent to the panchayats of the area: the proviso to the said sub-clause provides that in respect of a mining lease for a minor mineral for which a mining plan has been dispensed with under sub-clause (1) of clause 26, the state government in consultation with the indian bureau of mines may, having regard to the nature of the mineral, exempt any such lease from preparing a mine closure plan, subject to suitable provision in the mining framework in respect of that mineral in such manner as may be prescribed by the central government, and the mining framework shall be deemed to be the progressive mine closure plan and the final mine closure plan for the purposes of this actsub-clause (5) of this clause provides that the indian bureau of mines or the coal controller or the atomic mineral directorate, or the state directorate as the case may be shall, after consulting the concerned panchayats convey its approval or disapproval to the progressive mine closure plan within a period of ninety days from its receipt the proviso to the said sub-clause provides that in case the approval or disapproval is not communicated within the said period, the progressive mine closure plan shall be deemed to have been approved on a provisional basis till such approval or disapproval is conveyedsub-clause (6) of this clause provides that no mining operation shall be carried out in a mine in respect of which a progressive mine closure plan has not been approved, or in a manner contrary to the approved progressive mine closure plan the proviso to the said sub-clause provides that the authority responsible for approving the progressive mine closure plan may at any time inspect the mining operations to satisfy itself in this regard, and may issue any direction necessary to ensure compliance to the provisions of the plansub-clause (7) of this clause provides that a final mine closure plan shall be prepared for lease area in such manner as may be prescribed by the central government, and approved by the authority competent to approve the progressive mine closure plan in respect of the minesub-clause (8) of this clause provides that without prejudice to the generality of this clause, the final mine closure plan shall be based on the land use planned for the lease area after its closure, and shall include measures to reduce hazards, improve productivity and ensure that it supports the needs of the host population the proviso to the said sub-clause provides that the land use planned for the mining lease area after the closure of mine shall be decided in consultation with the panchayats having jurisdiction, in such manner as may be prescribed by the central governmentsub-clause (9) of this clause provides that the final mine closure plan shall be revised for every five years having regard to the progress of mining operations and be submitted along with every progressive mine closure plansub-clause (10) of this clause provides that the final mine closure plan for the last five year period of the lease shall be approved with such modification as may be specified by the authority approving the progressive mine closure plan after consultation with the panchayat concerned, within a period of one year the proviso to the said sub-clause provides that in the case where the lease is extended under the provisions of sub-clause (1) of clause 8 of the act, the lessee shall submit a progressive mine closure plan for the next five years in accordance with the provisions of this act along with a final mine closure plan in accordance with the provisions of this clause and the last five years shall be reckoned with reference to the extended periodsub-clause (11) of this clause provides that the manner of preparation and implementation of the mine closure plan for coal minerals and atomic minerals shall be such as may be prescribed by the central governmentsub-clause (12) of this clause provides that every progressive and final mine closure plan shall be prepared by an accredited person or association of persons or a company in terms of a sustainable development framework notified by the central government clause 33—this clause relates to the closure of minessub-clause (1) of this clause provides that the lessee shall not determine the lease or part thereof unless a final mine closure plan, approved by the indian bureau of mines in respect of major minerals other than coal minerals and atomic minerals, or any authority as may be designated by the central government in respect of coal minerals or atomic minerals, or the state directorate in respect of minor minerals, as the case may be is duly implemented by the lesseesub-clause (2) of this clause provides that for the purposes of sub-clause (1), the lessee shall be required to obtain a certificate from the indian bureau of mines, the atomic minerals directorate or the authority as may be designated by the central government in respect of coal minerals or the state directorate in respect of minor minerals, as the case may be, to the effect that protective, reclamation, restoration and rehabilitation work in accordance with the approved mine closure plan or with such modifications as approved by the competent authority have been carried out by the lesseesub-clause (3) of this clause provides that in every case where a lessee has made default in implementing a progressive mine closure plan, the state government may by an order suspend the mining operation till the default is remedied and may demand additional security so as to ensure deposit of security to the extent of the maximum specified under subclause (1) of clause 24 for the remaining period of the lease, and for any or all other leases of the lessee for reasons to be specified in a show cause notice, and in case the lessee fails to show adequate cause, or fails to furnish the additional security, as the case may be, within a reasonable period not exceeding thirty days, the state government may determine the lease in respect of which such security was not furnishedsub-clause (4) of this clause provides that if the lessee makes default in implementing the final mine closure plan or abandons a mine, without prejudice to any action under clause 53, the state government may after serving a notice to the lessee, cause the plan to be implemented by such other authority as it may direct, at the cost of the lessee, that the lease may be determined in such manner as may be prescribed by the central government and the lessee shall be declared to be ineligible for the purpose of any mineral concessions under this actclause 34—this clause relates to the applications for mineral concession in case minerals vest with private personsthis clause provides that applications for mineral concessions in respect of any mineral which vest exclusively in a person other than the government shall be made to such person and all mineral concessions be granted subject to the provisions of this act and the rules made thereunderclause 35— this clause relates to the mineral concessions to be in the form of a registered deed:this clause provides that a mineral concessions granted in accordance with the provisions of clause 34 shall be in the form of a registered deed executed by the parties on such terms and conditions as may be agreed, not inconsistent with the provisions of this act or the rules made thereunder, and an authenticated copy of the deed shall be deposited by the person granted the mineral concession with the state government and the indian bureau of mines before commencing operations the proviso to the said clause provides that notwithstanding anything contained in such deed to the contrary, it shall be lawful for the state government to issue any direction to the leaseholder or to the person in whom the minerals vest, in accordance with the provisions of this act clause 36— this clause relates to the cases where minerals vest partly with governmentthis clause provides that in respect of lands where minerals vest partly in the government and partly with a private person, the provisions of this act shall apply in the same manner as they apply in respect of land where minerals vest exclusively with the government the proviso to the said clause provides that the dead rent and royalty payable in respect of minerals which vest partly in government and partly in private person shall be shared by the government and by that person in proportion to the share they have in the mineralsclause 37— this clause relates to the reservation of areas for conservation of mineral resourcessub-clause (1) of this clause provides that the state government with the prior approval of the central government, or the central government after consultation with the state government, may reserve for purposes of mineral conservation any area not already held under a high technology reconnaissance-cum-exploration licence, a prospecting licence or mining lease, and shall notify the reservation specifying the reasons and the period of reservation shall be for a period of not less than ten years the proviso to the said sub-clause provides that the period may be extended from time to time in the public interest, for such period as may be notified by the central governmentsub-clause (2) of this clause provides that no application for mineral concession shall be entertained in respect of an area reserved under sub-clause (1), and any such application is deemed to have never been madesub-clause (3) of this clause provides that an area reserved for purposes of mineral conservation shall not be used for such purposes during the period of the reservation that is contrary to the object of such reservation clause 38— this clause relates to the saving of already reserved areasthis clause provides that subject to the provisions of clause 37, all areas reserved under the mines and minerals (development and regulation) act, 1957, as it stood before its repeal, and the rules made there under shall continue to be reserved under this act for a period of ten years from the date of commencement of this act or up to the date specified in such reservation order, whichever is earlierclause 39— this clause relates to the expiry and revocation of reservation this clause provides that on the expiry of the period of reservation under clause 37 or clause 38, or such earlier date as may be notified by the central government or the state government, as the case may be, an area reserved under clause 37 or clause 38, as the case may be, shall be deemed to be available for grant of the mineral concessions after a lapse of thirty days or from such earlier date as may be notified for the purposeclause 40— this clause relates to the conservation of mineral sub-clause (1) of this clause provides that where the central government is of the opinion that any mineral or a particular grade of mineral needs to be conserved in view of its strategic value, it may, by notification, ban the grant of mineral concession in respect of that mineral or a particular grade of mineral or impose such restrictions on grant of mineral concessions for operations of such concession in the manner as may be specified in the said notification the proviso to the said sub-clause provides that such a ban or restriction shall not apply in respect of applications for grant of mining leases under sub-clause (3) of clause 25sub-clause (2) of this clause provides that the notification referred to in sub-clause (1)shall be for a period of not less than ten yearssub-clause (3) of this clause provides that the central government may renew the notification as referred to in sub-clause (1) for a further period not less than ten years clause 41— this clause relates to the royalty payable in respect of mineralssub-clause (1) of this clause provides that the holder of a mining lease, whether granted before or after the commencement of this act shall, notwithstanding anything in the instrument of lease or in any other law for the time being in force, pay royalty in respect of any mineral removed or consumed by him or by his agent, manager, employee or contractor from the leased areasub-clause (2) of this clause provides that the rate of royalty in respect of major minerals shall be such as specified in the second schedule to this act the proviso to the said sub-clause provides that the concessional rates of royalty may be specified for such cases where the lessee beneficiates the mineral at the ore stagesub-clause (3) of this clause provides that the central government may, after taking into consideration the report and recommendations of the national mining regulatory authority, by notification, amend the second schedule to enhance or reduce the rate specified therein with effect from such date as may be specified in the notification the proviso to the said sub-clause provides that the central government shall not enhance the rate of royalty in respect of any major mineral more than once during any period of three yearssub-clause (4) of this clause provides that the state government may, by notification from time to time, declare the rate at which royalty shall be payable in respect of minor minerals the proviso to the said sub-clause provides that the state government shall not enhance the rate of royalty in respect of a minor mineral more than once during any period of three yearssub-clause (5) of this clause provides that notwithstanding anything contained in this act, the provisions of sub-clause (1) shall not apply to or in relation to mining leases granted before the 25th day of october, 1949, in respect of coal, but the central government, if it is satisfied that it is expedient so to do, may, by notification, direct that all or any of the provisions of this act or the rules made thereunder apply to or in relation to such leases subject to such exceptions and modifications, if any, as may be specified in that notification clause 42— this clause relates to the dead rent payable by the lesseesub-clause (1) of this clause provides that the holder of a mining lease, whether granted before or after the commencement of this act, shall, notwithstanding anything contained in the instrument of lease or in any other law for the time being in force, pay every year, dead rent at such rate as may be specified, for all the areas included in the instrument of leasesub-clause (2) of this clause provides that where the holder of such mining lease becomes liable under clause 41 to pay royalty for any mineral removed or consumed by him or by his agent, manager, employee or contractor from the leased area, he shall be liable to pay either such royalty, or the dead rent in respect of that area, whichever is highersub-clause (3) of this clause provides that the dead rent in respect of mining leases for major minerals shall be as specified in the third schedule and the central government may, after taking into consideration the recommendations of the national mining regulatory authority, by notification, amend the third schedule so as to enhance or reduce the rate at which the dead rent shall be payable in respect of any area covered by a mining lease and such enhancement or reduction take effect from such date as may be specified in the notification the proviso to the said sub-clause provides that the central government shall not enhance the rate of the dead rent in respect of any such area more than once during any period of three yearssub-clause (4) of this clause provides that the state government may by notification from time to time, declare the rate at which dead rent shall be payable in respect of minor minerals the proviso to the said sub-clause provides that the state government shall not enhance the rate of the dead rent in respect of any such area more than once during any period of three years the proviso to the said sub-clause further provides that in respect of such portion of a lease as is for both major and minor minerals, dead rent if payable, shall be the higher of the two dead rentssub-clause (5) of this clause provides that in order to encourage mining of small deposits in cluster, dead rent for the area shall be determined having regard to the actual area required for mining purposesclause 43— this clause relates to the payment of compensation to owner of surface, usufruct and traditional rights, damage, etcsub-clause (1) of this clause provides that in respect of land in which minerals vest in the government, the holder of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence or prospecting licence shall be liable to pay, to every person holding occupation or usufruct or traditional rights of the surface of the land over which the licence has been granted, such reasonable annual compensation as may be mutually agreed between the holder of such licence and such persons or in the absence of such agreement, which may be determined by an officer appointed, by notification, by the state government in this behalf in such manner as may be prescribed by the state government the proviso to the said sub-clause provides that such amount shall be determined before commencement of operations and paid in advance each year, in such manner as may be prescribed by the state governmentsub-clause (2) of this clause provides that the holder of a mining lease shall pay annually to the district mineral foundation, as referred to in clause 56 - (a) in case of major minerals (except coal and lignite) an amount equivalent to the royalty paid during the financial year; (b) in case of coal and lignite, an amount equal to twenty-six per cent of the profit to be called as profit sharing percentage (after deduction of tax paid) of the immediately preceding financial year from mining related operations in respect of the lease; and (c) in case of minor minerals, such amount as may be prescribed by the state government with the concurrence of the national mining regulatory authority referred to in clause 58, within such time and in such manner as may be prescribed by the state government for the benefit of persons or families affected by mining related operationsthe proviso to the said sub-clause provides that in respect of coal minerals the central government may, after taking into consideration the report and recommendations of the national mining regulatory authority, by notification, revise the profit sharing percentage, or specify such other method as may be prescribed for calculation of amount to be paid to the district mineral foundation the proviso to the said sub-clause further provides that in case where the holder of a mining lease for major minerals has commenced mining related operations but has not commenced production, the holder of a mining lease shall pay into the district mineral foundation, an amount equal to the royalty payable on the production estimated in the first twelve months of the year as per the approved mining plan it also provides that in case the holder of a mining lease for major minerals (a) was not in production for a part of a particular year, he shall be liable to pay the amount in the second proviso on pro-rata basis for the period during which he had not commenced any such operations; (b) discontinues production for a part of a particular year, he shall be liable to pay the amount equal to the royalty on actual production of the corresponding period of the previous financial yearsub-clause (3) of this clause provides that notwithstanding anything in sub-clause (2), and the companies act, 1956, or any other law for the time being in force, where the holder of mining lease is a company, it shall also allot at least one share at par for consideration other than cash to each person of the family affected by mining related operations of the company and such shares shall be non-transferablesub-clause (4) of this clause provides that the articles of association of the company referred to in sub-clause (3) shall contain provisions enabling the company to allot shares in accordance with the provisions of sub-clause (3)sub-clause (5) of this clause provides that notwithstanding anything in sub-clause (2)and sub-clause (3), the holder of a mining lease shall, in respect of any person or family holding occupation or usufruct or traditional rights of the surface of the land over which the lease has been granted, be liable to provide employment or other assistance in accordance with the rehabilitation and resettlement policy of the state government concernedsub-clause (6) of this clause provides that the amount payable under this clause shall be in addition to any other amount or compensation payable to the person or family holding occupation or usufruct or traditional rights of the surface of the land under any other law for the time being in forcesub-clause (7) of this clause provides that after the termination of a non-exclusive reconnaissance licence, high technology reconnaissance-cum-exploration licence, prospecting licence or a mining lease, the state government shall after giving the person or family holding occupation or usufruct or traditional rights of the surface land an opportunity of being heard, assess the damage, if any, done to the land by the reconnaissance or prospecting or mining related operations and determine the amount of compensation payable by the licensee or the lessee, as the case may be, to the person or family holding occupation rights of the surface land in such manner as may be prescribed by the state government the proviso to the said sub-clause provides that in case the licensee or lessee and the person or family holding occupation or usufruct or traditional rights mutually agree on the compensation, and communicate the same to an officer appointed by the state government in this behalf, the state government may, accordingly, determine the compensationsub-clause (8) of this clause provides that in case,— (a) the licensee fails to make payment to the persons holding occupation or usufruct or traditional rights in terms of subclause (1), the state government may forfeit the security deposit and make payment therefrom, and may recover any balance amount as provided in clause 118 of this act, and may also declare the licensee or lessee ineligible for the purposes of any mineral concessions under this act; (b) the lessee fails to make payment to the district mineral foundation in terms of sub-clause (2), the state government may initiate necessary proceedings to recover the arrears and may also take action against the lessee for non-compliance of conditions of lease in accordance with the provisions of sub-clause (4) of clause 24; (c) the lessee or the licensee, as the case may be, fails to pay the compensation within three months of its determination under clause 30, the state government may on an application made to it by the aggrieved person, either forfeit the security deposit and make payment therefrom, or may recover the amount as provided in clause 118 of this act, and may also declare the licensee or lessee ineligible for the purposes of any mineral concessions under this actsub-clause (9) of this clause provides that where there is a dispute as to whether a person or family holds occupation or usufruct or traditional rights, the collector of the district may after consulting the gram sabha, or the gram panchayat or district council, as the case may be, make a determination which shall be final and binding for the purposes of this actsub-clause (10) of this clause provides that (a) the state government shall cause identification of the person or families affected by mining related operations before the commencement of such operations, in such manner as may be prescribed by the state government (b) the amount of monetary benefit may be determined by the state government for each district where mining operations are being undertaken having regard to the nature and extent to which such person or family is affected by mining related operations and for improving the quality of life of the affected person or family, but shall be equal to an amount not less than the amount a family may be entitled under the provisions of the mahatma gandhi national rural employment guarantee act, 2005 the proviso to the said sub-clause provides that till the amount of monetary benefit shall be equal to an amount that such as a family may be entitled under the provisions of the mahatma gandhi national rural employment guarantee act, 2005 (c) the state government shall ensure that monetary benefits are distributed to the persons or families holding occupational or usufruct or traditional rights in areas affected by mining related operations through a mechanism prescribed by the state government the proviso to the said item provides that in case of a family which is not headed by a woman, the state government shall ensure that half the amount of monetary benefits distributed to families in areas affected by mining operations shall accrue to the eldest woman member of the familysub-clause (11) of this clause provides that in case of mining leases already granted on the date of commencement of this act, the cut-off date for identification of persons or families affected by mining related operations shall be taken as first january nineteen hundred and ninety-seventhe explanation to the said sub-clause provides that (a) a "family" shall comprise of mother, father and their children, including any person wholly dependent on the head of the family, including any lineal ascendant or descendant of the head of the family or the spouse; and (b) a "family" may also be single member familyclause 44—this clause relates to the levy and collection of cess by the central governmentsub-clause (1) of this clause provides that the central government may, by notification, specify, that there shall be levied and collected a cess on major minerals for the purposes of this act,— (a) as a duty of customs, where the ore is exported; (b) as a duty of excise, where the ore is sold or otherwise disposed to an end-user or to any other person who in turn sells it to an end-user, or is used by the owner of the mine in any end-use by himself, at such rate not exceeding ten per cent as may be specified in the notification by the central governmentthe proviso to the said sub-clause provides that the rate shall not be increased more than once during any period of five yearssub-clause (2) of this clause provides that every cess leviable under sub-clause (1) on major minerals shall be payable by the person by whom such major minerals are produced, and in the case of export, the cess shall be payable by the exportersub-clause (3) of this clause provides that the cess leviable under sub-clause (1) on the major mineral shall be in addition to any cess or duty leviable on those items under any other law for the time being in forcesub-clause (4) of this clause provides that the provisions of the central excise act,1944 and the rules made thereunder and the provisions of the customs act, 1962 and the rules made thereunder, as the case may be, including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of cess leviable under this clause and for this purpose, the provisions of the central excise act, 1944 and of the customs act, 1962, as the case may be, shall have effect as if the aforesaid acts provided for the levy of cess on major mineralssub-clause (5) of this clause provides that every person or company or firm or association of persons using or trading in or exporting or stocking major minerals shall register himself or itself with the indian bureau of mines in such manner as may be prescribed by the central government the proviso to the said sub-clause provides that in case of coal minerals, administration of registration shall be done by the central governmentclause 45— this clause relates to the levy and collection of cess by the state governmentsub-clause (1) of this clause provides that the state government may, by notification specify, that there shall be levied and collected a cess on major minerals or minor minerals extracted at a rate not exceeding ten per cent of the royalty in such manner as may be prescribed by the state government the proviso to the said sub-clause provides that the rate shall not be increased more than once during any period of five yearssub-clause (2) of this clause provides that the cess shall be paid by the person holding the mining lease for major minerals or minor minerals, as the case may be the proviso to the said sub-clause provides that where the minerals vest in a person other than the government, and the holder of the mining lease fails to pay the cess, the person in whom the minerals vest shall, on demand, pay the amount of the cessclause 46—this clause relates to the power of the central government to issue directions in the interest of scientific mineral exploration and mining and sustainable developmentsub-clause (1) of this clause provides that the central government shall take all such steps as may be necessary for the conservation of strategic mineral resources in the national interest and for the scientific development and exploitation of all mineral resourcessub-clause (2) of this clause provides that the central government in order to facilitate the scientific development and exploration of mineral resources and to ensure the protection of the environment and prevention and control of pollution from prospecting and mining related operations, shall cause to be developed a national sustainable development framework in consultation with the state governmentssub-clause (3) of this clause provides that the state government may with the previous approval of the central government frame a state sustainable development framework not inconsistent with the national sustainable development frameworksub-clause (4) of this clause provides that the national sustainable development framework shall contain guidelines enabling formulation of project-level practices for sustainable mining, and include the following, namely:— (i) specification of factors and parameters influencing sustainable and scientific mining; (ii) broad criteria beyond which mining may not be deemed sufficiently sustainable or scientifically manageable; (iii) systemic measures needed to be taken or built-in to increase sustainability of mining operations considering its entire life cycle, inter alia— (a) ensuring minimal adverse impact on quality of life of the local communities; (b) protecting interests of affected persons including host population; (c) creating new opportunities for socio-economic development including for sustainable livelihood; (d) mineral conservation both in terms of mining technologies or practices and mineral beneficiation; (e) reduction in waste generation and related waste management practices and promotion of recycling of materials; (f) minimising and mitigating adverse environmental impacts particularly in respect of ground water air, ambient noise and land; (g) ensuing minimal ecological disturbance, in terms of bio-diversity, flora, fauna and habitat; (h) promoting restoration and reclamation activities so as to make optimal use of mined out land for the benefit of the local communities; (i) measurable indicators of sustainable development; (j) consultative mechanisms with stakeholder groups right from pre-mining stages through the life cycle and up to post-closure stages to ensure that the stakeholder groups involvement and participation in identifying and addressing the sustainability issues; and (k) system of public disclosure of mining related activities and environmental parameters including indicators and mechanisms to facilitate formal and informal sustainability auditssub-clause (5) of this clause provides that the central government may, from time to time notify guidelines for scientific mining and mineral conservation with in a sustainable development framework and the state directorate shall be responsible for implementation of the sustainable development framework in the state the proviso to this sub-clause provides that the state government may, with the previous approval of the central government confer all or any of the functions of the state directorate to any other specialised agency for the purpose of better implementing of the sustainable development frameworksub-clause (6) of this clause provides that the central government may issue general directions as may be required, consistent with the provisions of this act to the state governments or the national mining regulatory authority referred to in clause 58 or to any authority under the central government or the state government, as the case may be, for the conservation of strategic mineral resources or any policy matter in the national interest and for the scientific and sustainable development and exploration of mineral resources and recycling of such resources to the extent practicable, and detection, prevention and prosecution of cases of illegal mining, and to frame rules for the purpose and all such directions shall be complied with to the extent possiblesub-clause (6) of this clause provides that without prejudice to the provisions of this clause, the central government for the purpose of scientific management and exploration of mineral resources, prescribe a framework for disclosure of information related to mineral resources and their exploration and exploitation, and recycling including the development of websites and portals and databases; and such framework shall specify the nature and extent of the information required to be disclosed and the person or authority responsible for such disclosure and any such person or authority shall comply except where the information is of a nature that is exempted under clause 8 of the right to information act, 2005 in relation to a public authorityclause 47—this clause relates to the power of the state government to issue directions generallysub-clause (1) of this clause provides that the state government may, in the interest of systematic development of mineral deposits, conservation of minerals, scientific mining, sustainable development and protection of the environment, issue directions to the owner, agent, mining engineer, geologist or manager of a minesub-clause (2) of this clause provides that every direction issued under sub-clause (1)shall be complied within such period as may be specified, not being a period of less than one week the proviso to the said sub-clause provides that where there is difficulty in giving effect to any direction, the owner, agent, mining engineer, geologist or manager of the mine, as the case may be, may apply for modification or rescinding of such direction and the state government, may either modify or rescind the direction or confirm it the proviso to the said sub-clause further provides that in case the state government does not pass any order modifying or rescinding such direction within a period of thirty days from the date of application, the direction shall be deemed to have been confirmedsub-clause (3) of this clause provides that any direction issued under sub-clauses (1)and (2) shall be issued in consultation with the indian bureau of mines in such classes of cases as may be prescribed by the central governmentsub-clause (4) of this clause provides that any person aggrieved by a direction or order under this clause may apply to the national mining tribunal in case of major minerals under clause 85 or the state mining tribunal in case of minor minerals under clause 99, as the case may beclause 48—this clause relates to the power to authorise geological survey of india and indian bureau of mines, atomic minerals directorate, etc, to investigate and reportsub-clause (1) of this clause provides that where the central government is of the opinion that for the purpose of conservation of strategic mineral resources or for the scientific management, exploration and exploitation of mineral resources it is expedient to conduct a technical or scientific investigation with regard to any mineral or any land including lands in relation to which mineral concessions may have been granted, the central government may authorise the geological survey of india or the indian bureau of mines or the atomic minerals directorate or such other authority as it may specify in this behalf, to carry out such technical or scientific investigation as may be necessary, and to submit a report within such period as may be specified the proviso to the said sub-clause provides that no such authorisation shall be made in the case of any land in which mineral concession has been granted, except after consultation with the state government where minerals vest in the state government and with the person in whom the mineral vests in other casessub-clause (2) of this clause provides that on issue of an authorisation under subclause (1), it shall be lawful for the geological survey of india, the indian bureau of mines, the atomic mineral directorate or the specified authority or agency, and its employees,— (a) to enter upon such land; (b) to dig or bore into the sub-soil, conduct studies and take samples; (c) to do all other acts necessary to determine the nature and extent of any mineral available in or under such land; (d) to set out boundaries of the land in which any mineral is expected to be found, and to mark such boundaries and line by placing marks; and (e) where otherwise the survey cannot be completed on the boundaries and line marked, to cut down and clear away any part to any standing crop, fence or jungle with the approval of the authority concerned the proviso to the said sub-clause provides that no such authority or agency, as the case may be, shall enter into any building or upon any enclosed court or garden attached to a dwelling-house without previously giving such occupier at least seven days' notice in writing of its intention to do sosub-clause (3) of this clause provides that whenever any action of the nature specified in sub-clause (2) is to be taken, the central government shall, before or at the time when such action is taken, pay or tender payment for the damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it shall be paid or tendered, the central government refer the dispute to the collector of the district in which the land is situated for determinationsub-clause (4) of this clause provides that the fact that there exists any such dispute as is referred to in sub-clause (3) shall not be a bar to the taking of any action under subclause (2)sub-clause (5) of this clause provides that after the completion of the investigation, the geological survey of india, the indian bureau of mines, the atomic minerals directorate or the specified authority or agency by which the investigation was made shall submit a report to the central government indicating therein the nature and extent of any mineral which lies deposited in or under the land and such other information as may be necessarysub-clause (6) of this clause provides that the costs of the investigation made under this clause shall be borne by the central government the proviso to the said sub-clause provides that any portion of the cost may be paid out of the national mineral fund in accordance with the provisions of clause 50sub-clause (7) of this clause provides that the central government may, having regard to the utility of the report submitted under sub-clause (5), and the public interest, make available the report to such persons and at such cost and in such manner as may be prescribed by the central governmentclause 49—this clause relates to the power of the indian bureau of mines, coal controller, atomic minerals directorate and state directorate to issue certain directions and to seek informationsub-clause (1) of this clause provides that the indian bureau of mines, the coal controller, the atomic minerals directorate or the state directorates or any officer authorised by the central government or the state government, as the case may be, may enter and inspect a mine, and examine or direct the examination of any mineral deposit in any area under prospecting licence or mining lease and take samples therefrom at any time for the purposes of this actsub-clause (2) of this clause provides that if any mine or part thereof, which in the opinion of the indian bureau of mines, the coal controller, the atomic minerals directorate or the state directorate, poses a grave and immediate threat to the conservation of mineral resources or to the environment, it may, by an order in writing to the owner, agent, mining engineer or manager, require him to take such measures as may be specified in the order and may prohibit, until the requirements as specified in the order are complied with to its satisfaction, the deployment of any person other than those required for compliance with the requirement of the ordersub-clause (3) of this clause provides that the indian bureau of mines, the coal controller, the atomic minerals directorate or the state directorate, as the case may be, may by a general or specific order require the cores or specimens of rocks and minerals obtained from specified boreholes or shafts during prospecting or mining operation conducted under this act, to be preserved for any specific periodsub-clause (4) of this clause provides that every holder of a prospecting licence or a mining lease shall provide all reasonable facilities to persons authorised by the indian bureau of mines, the coal controller, the atomic minerals directorate and the state directorate for the purpose of undertaking research or training in matters relating to mining or geologysub-clause (5) of this clause provides that the holder of a non-exclusive reconnaissance licence, high-technology reconnaissance-cum-exploration licence, prospecting license or mining lease, or his agent shall furnish such information regarding his reconnaissance or prospecting or mining operations or regarding the mine or any matter connected therewith as the indian bureau of mines, the coal controller, the atomic minerals directorate or the authorised officer of the central government or the state government, as the case may be, may require by an order in writing and the information is furnished within such time and such period as may be specified in the aforesaid orderclause 50—this clause relates to the national mineral fund sub-clause (1) of this clause provides that the central government shall, by notification, establish a fund to be called the national mineral fund for the purposes of this actsub-clause (2) of this clause provides that the proceeds of the cess levied under subclause (1) of clause 44 shall first be credited to the consolidated fund of india, and the central government may, after due appropriation made by parliament by law in this behalf, credit by way of grants or loans such sums of money as the central government may consider necessary to the national mineral fund from time to time, after deducting the expenses of collection, for being utilised exclusively for the purposes of sub-clause (3)sub-clause (3) of this clause provides that the amount standing to the credit of the national mineral fund shall be utilised for— (a) making grants to the national mining regulatory authority and the national mining tribunal of such sums of money as are required to pay salaries and allowances payable to the chairperson and the members and the administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the authority and the tribunal; (b) promoting scientific management of mining activities and mine closures, including research and development and training; (c) research and development in sustainable mining and recycling of resources; (d) developing capacity of the indian bureau of mines or office of the coal controller, and any other agency as may be determined by the central government to enforce the provisions of the act; (e) detecting and preventing illegal mining including commissioning of surveys and studies, and developing awareness amongst local communities and the mining sector; (f) investigations for the conservation and scientific management of mineral resources in accordance with the provisions of clause 48 of the act; (g) promotion of information technology applications in support of the mining and minerals sector; (h) providing grants-in-aid for promoting techno-economic studies for the mineral sector; and (i) providing grants-in-aid for holding of and participation in national or international minerals and mining workshops, conferences and promotional eventsclause 51—this clause relates to the administration and management of the national mineral fundsub-clause (1) of this clause provides that the national mineral fund shall be under the control of the central government, and the balance to the credit of the national mineral fund not lapse at the end of the financial yearsub-clause (2) of this clause provides that the central government shall be responsible for the administration and management of the national mineral fundsub-clause (3) of this clause provides that the central government for the purpose of this act may,— (a) formulate criteria for allocation of funds for such projects which are required to be implemented; (b) approve schemes and sanction grants and loans from the national mineral fund to institutions and authorities as may be decided and monitor their utilisation; and (c) implement directly or through the geological survey of india or the indian bureau of mines or coal controller or any other agency as may be determined by the central government, projects for the purposes of sub-clause (3) of clause 50 and for this purpose it may authorise the director-general, geological survey of india and the controller general, indian bureau of mines to incur such expenditure from the national mineral fund as may be necessary in this regardclause 52—this clause relates to the audit of the accounts of the national mineral fundsub-clause (1) of this clause provides that the central government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of the national mineral fund in such form, as may be prescribed in consultation with the comptroller and auditor- general of indiasub-clause (2) of this clause provides that the accounts of the national mineral fund shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by himclause 53—this clause relates to the state mineral fund sub-clause (1) of this clause provides that the state government may, by notification, establish a fund to be called the state mineral fund for the purposes of this actsub-clause (2) of this clause provides that the proceeds of the cess levied under subclause (1) of clause 45 shall first be credited to the consolidated fund of the state and the state government may, if the legislature of the state by appropriation made by law in this behalf so provide, credit by way of grants or loans such sums of money as the state government may consider necessary to the state mineral fund from time to time, after deducting the expenses of collection, for being utilised exclusively for the purposes of subclause (4)sub-clause (3) of this clause provides that the state mineral fund shall be held and administered on behalf of the state government in such manner and by such authority as may be prescribed by the state governmentsub-clause (4) of this clause provides that the amount standing to the credit of the state mineral fund shall be utilised for:— (a) developing capacity of the state directorate to achieve the objects of this act; (b) promotion of information technology applications in support of the mining and mineral sector; (c) setting up and operation of special courts under clause 105 of the this act; (d) setting up and operation of the state mining regulatory authority and the state mining tribunal under clause 70 and clause 89 respectively; (e) financial assistance to the district mineral foundations by way of loan, capital grants or other payment; (f) compensating lessees whose leases are prematurely terminated under clause 31 of this act; (g) prevention and detection of illegal mining, including expenditures incidental to enforcement of the provisions of clause 114 of this act and to reward whistleblowers on illegal mining the explanation to the said sub-clause provides that a whistleblower is a person who provides credible information of illegal mining; (h) such other public purposes in relation to the objects of the act including measures to prevent and detect illegal mining, as may be deemed expedient by the state government from time to timesub-clause (5) of this clause provides that without prejudice to the generality of the foregoing provisions, the state government may sanction grants out of the state mineral fund to an authority for implementation of a mine closure plan under sub-clause (4) of clause 33 and cause the recovery of the cost thereof from the lessee in accordance with the provisions of clause 118 and deposit the same into the state mineral fundclause 54—this clause relates to the administration and management of the state mineral fundsub-clause (1) of this clause provides that the state mineral fund shall be under the control of the state government, and the balance to the credit of the state mineral fund shall not lapse at the end of the financial yearsub-clause (2) of this clause provides that the state government shall be responsible for the administration and management of the state mineral fundsub-clause (3) of this clause provides that the state government for the purposes of this act may,-—(a) formulate criteria for allocation of funds for such projects which are required to be implemented; (b) implement directly or through the state directorate by way of grant-in-aid, projects for the purposes of sub-clause (4) of clause 53 and for this purpose, may authorise the director of the state directorate to incur such expenditure from the state mineral fund as may be necessary in this regardclause 55—this clause relates to the audit of the accounts of the state mineral fundsub-clause (1) of this clause provides that the state government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of the state mineral fund in such manner, as may be prescribed by the state government in consultation with the comptroller and auditor-general of indiasub-clause (2) of this clause provides that the accounts of the state mineral fund shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by himclause 56—this clause relates to the establishment of district mineral foundation sub-clause (1) of this clause provides that the state government shall, by notification, establish a trust to be called the district mineral foundation, a non-profit body, in each district in the state where a mining lease has been granted or is in operation, in the manner as may be prescribed by the state governmentsub-clause (2) of this clause provides that the object of the district mineral foundation shall be to work for the interest and benefit of persons or families affected by mining related operations in the districtsub-clause (3) of this clause provides that the district mineral foundation shall be responsible for (a) distribution of monetary benefit to persons or families affected by mining related operations in the district, and (b) undertaking such other activities as are in furtherance of the object of the foundation, including creation, management and maintenance of such local infrastructure for socio-economic purposes in areas affected by mining related operations and facilitating the implementation of the sustainable development frameworksub-clause (4) of this clause provides that the state government may give financial assistance to any district mineral foundation by way of loan, capital grants or other paymentssub-clause (5) of this clause provides that the state government shall maintain a register, which shall be open to the members of the public for inspection at any reasonable time, containing the following in relation to each district mineral foundation,— (a) a copy of the current constitution, (b) a copy of the latest annual accounts and of any report of the auditor of the accounts of the district mineral foundation, and (c) a copy of the latest annual report of the district mineral foundationsub-clause (6) of this clause provides that the amount standing to the credit of the district mineral foundation shall be utilised, in the order of priority, for,— (a) payment of monetary benefits payable monthly or quarterly to members of the family of the person holding occupation or usufruct or traditional rights in areas affected by mining related operations the proviso to the said sub-clause provides that the state government may make a scheme to systematically regulate the amount of payment of monetary benefits to different categories based on the nature and extent to which they are affected by the mining related operation; (b) such other expenditure as may be prescribed by the central government subservient to the objects of the foundation; (c) payment of administrative expenses necessary for working of the district mineral foundation, not exceeding five per cent of the total annual payment received by it in a financial yearclause 57—this clause relates to the governing council of district mineral foundationsub-clause (1) of this clause provides that the district mineral foundation shall be managed by a governing council consisting of (a) district magistrate—chairperson, (b) chairperson of the district panchayat or the district council, as the case may be— member, (c) all holders of mining lease in the district—members, (d) head of local offices of departments concerned of the state government—members, (e) at least three representatives nominated by the district magistrate in consultation with the chairperson of the district panchayat or district council, as the case may be, from amongst the affected persons or families in the areas affected by mining operations, in the manner as may be prescribed by the state government—members, (f) representative of the indian bureau of mines—member and (g) district mining officer—secretary the proviso to the said sub-clause provides that in the areas specified in schedule v of the constitution in case there is no district panchayat, the chairperson of each of the intermediate panchayats, and in case there is no panchayat at intermediate level, the chairperson of the village panchayats within whose jurisdiction mining operations are undertaking shall be included as a membersub-clause (2) of this clause provides that the governing council for the district mineral foundation shall be responsible for : (a) drawing-up the annual budget for utilisation of the fund available with the foundation, (b) approving the disbursal of the amounts to the entitled persons or families affected by mining related operations; and (c) approving such other expenditure, in furtherance of the objects of the foundation, from the fund available with the district mineral foundation in such manner as may be prescribed by the central governmentsub-clause (3) of this clause provides that the district mineral foundation shall, at the end of each year, prepare an annual report in respect of the activities undertaken under the fund available with the district mineral foundation, and shall forward it to the state government, which shall forthwith cause the report to be published on the government websitesub-clause (4) of this clause provides that the district mineral foundation shall maintain a register giving details of,—(a) the list of lease holders in the district and the annual payments made by them to the district mineral foundation; (b) the disbursal of benefits to the affected persons; and (c) annual audited accounts of the district mineral foundation which shall be available on the website of the foundation and for inspection by publicsub-clause (5) of this clause provides that for the purposes of the right to information act, 2005, the district mineral foundation is deemed to be a public authoritysub-clause (6) of this clause provides the district mineral foundation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of the fund available with the district mineral foundation in such manner, as may be prescribed by the state government in consultation with the comptroller and auditor-general of indiasub-clause (7) of this clause provides that the accounts of the district mineral foundation shall be audited at such intervals and in such manner as may be prescribed by the state government in consultation with the comptroller and auditor-general of indiasub-clause (8) of this clause provides that the accounts of the district mineral foundation, as certified by the district magistrate, together with the audit report thereon shall be forwarded annually to the state government by the district mineral foundation and the state government shall cause the audit report to be laid, as soon as may be after it is received, before each house of the state legislature where there are two houses, and where there is one house of the state legislature, before that houseclause 58—this clause relates to the establishment of national mining regulatory authoritysub-clause (1) of this clause provides that the central government shall, by notification, establish a national authority to be known as the national mining regulatory authority, to exercise the powers conferred on, and to perform the functions assigned to, it under this act in relation to major minerals (other than coal minerals)sub-clause (2) of this clause provides that the national authority shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to contract, and shall, by the said name, sue or be suedsub-clause (3) of this clause provides that the head office of the national authority shall be at new delhisub-clause (4) of this clause provides that the national authority may, with the prior approval of the central government, establish its offices at any other place in indiaclause 59— this clause relates to the composition of national authority sub-clause (1) of this clause provides that the national authority shall consist of a chairperson and not more than nine whole-time members to be appointed by the central governmentsub-clause (2) of this clause provides that the chairperson of the national authority may, if considered necessary, invite any one or more persons having specialised knowledge and experience in a particular case to assist the national authorityclause 60— this clause relates to the qualification for appointment as chairperson or member of national authoritysub-clause (1) of this clause provides that a person shall not be qualified for appointment as the chairperson of the national authority, unless he,— (a) is of not less than fifty-eight years of age; (b) (i) has a post-graduate degree in mining, engineering, technology, science, commerce, humanities or law from a university recognised by the university grants commission or a university or institute established by law for the time being in force and special knowledge and experience of not less than four years in matters relating to policy, regulation and operations in extractive industry; or (ii) has held the post of secretary or additional secretary to the government of india or any equivalent post in the central government or the state government, as the case may be, having experience of not less than one year in policy or law relating to mines and mineral concessionssub-clause (2) of this clause provides that a person shall not be qualified for appointment as a member, unless he,— (a) is of not less than fifty-eight years of age; (b) (i) has a postgraduate degree in mining, engineering, technology, science, commerce, humanities or law from a university recognised by the university grants commission or a university or institute established by law for the time being in force and special knowledge and experience of not less than three years in matters relating to policy, regulation and operations in extractive industry or has experience of not less than three years in the field of mining sector at the national level; or (ii) has held the post of joint secretary to the government of india or any equivalent post in the central government or the state government, as the case may be, having experience of not less than one year in policy or law relating to mines and mineral concessionssub-clause (3) of this clause provides that the chairperson and the members of the national authority shall be appointed on the recommendations of the selection committee constituted under sub-clause (1) of clause 61sub-clause (4) of this clause provides that the chairperson or the members of the national authority shall not hold any other office during the period of holding his office as suchsub-clause (5) of this clause provides that the central government shall, within a period of one month from the date of occurrence of any vacancy in the office of the chairperson or member, by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or completion of the term of office of the chairperson or any member, make a reference to the selection committee constituted under clause 61 for filling-up of such vacancyclause 61— this clause relates to the selection committee for selection of chairperson and members of the national authoritysub-clause (1) of this clause provides that the central government shall, for the purpose of selection of the chairperson and members of the national authority constitute a selection committee, consisting of the following, namely:— (a) cabinet secretary - chairperson; (b) secretary in the ministry of mines– member; (c) secretary in the ministry of law and justice– membersub-clause (2) of this clause provides that the secretary in the ministry of mines, government of india, shall be the convenor of the meeting of the selection committeesub-clause (3) of this clause provides that the selection committee shall finalise the selection of the chairperson and members of the national authority within one month from the date on which the reference is made to it under sub-clause (5) of clause 60sub-clause (4) of this clause provides that the selection committee shall recommend a panel of two names in order of preference for every vacancy referred to it and the central government shall make appointment from such panelsub-clause (5) of this clause provides that before recommending any person for appointment as a chairperson or a member of the national authority, the selection committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as chairperson or member, as the case may besub-clause (6) of this clause provides that no appointment of the chairperson or a member of the national authority shall be invalid merely by reason of any vacancy in the selection committeesub-clause (7) of this clause provides that subject to the provisions of sub-clauses (1)to (6), the selection committee may regulate its own procedureclause 62— this clause relates to the term of office, salary and allowances of chairperson and member of the national authoritysub-clause (1) of this clause provides that the chairperson and member of the national authority shall hold office for a term of five years from the date on which they enter upon their office or up to the age of sixty-five years, whichever is earliersub-clause (2) of this clause provides that notwithstanding anything contained in sub-clause (1), the chairperson and every member shall hold office at the pleasure of the central governmentsub-clause (3) of this clause provides that the salary and other allowances payable to, and the other terms and conditions of service of, the chairperson and other members of, the national authority shall be such as may be prescribed by the central government the proviso to the said sub-clause provides that the salary and other allowances or other terms and conditions of service of the chairperson and other members of the national authority shall not be varied to their disadvantage after appointmentclause 63— this clause relates to the resignation of the chairperson or a member of the national authoritythis clause provides that the chairperson or a member of the national authority may, by notice in writing under his hand addressed to the central government, resign his office the proviso to the said sub-clause provides that a chairperson or a member of the national authority shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliestclause 64— this clause relates to the removal or suspension of chairperson or members of the national authoritysub-clause (1) of this clause provides that the central government may, by order, remove from office, the chairperson or any member of the national authority, if the chairperson or such other member, as the case may be,— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interestsub-clause (2) of this clause provides that no chairperson or any other member of the national authority shall be removed from the office except by an order of the central government on the ground of his proved misbehaviour or incapacity after the central government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the central government, come to the conclusion that the chairperson or member, as the case may be, ought on any such ground to be removedsub-clause (3) of this clause provides that the central government may suspend the chairperson or a member of the national authority, as the case may be, in respect of whom an inquiry under sub-clause (2) is being initiated or pending until the central government has passed an order on receipt of the report of the inquiryclause 65— this clause relates to the member of national authority to act as its chairperson in certain casessub-clause (1) of this clause provides that in the event of the occurrence of any vacancy in the office of the chairperson of the national authority by reason of his death or resignation, the senior-most member of the national authority shall act as the chairperson until the date on which a new chairperson, appointed in accordance with the provisions of this act, to fill such vacancy, enters upon his officesub-clause (2) of this clause provides that when the chairperson of the national authority is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member, shall discharge the functions of the chairperson until the date on which the chairperson resumes his dutiesclause 66— this clause relates to the vacancies, etc, not to invalidate proceedings of the national authoritythis clause provides that no act or proceeding of the national authority shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the national authority; or (b) any defect in the appointment of a person as the chairperson or a member of the national authority; or (c) any irregularity in the procedure of the national authority not affecting the merits of the caseclause 67— this clause relates to the officers and other employees of the national authoritysub-clause (1) of this clause provides that the national authority shall have under it such numbers and categories of officers and other employees, as the central government may determine in consultation with the chairperson of the national authority from time to time, to assist the national authority in the discharge of its functionssub-clause (2) of this clause provides that the national authority may appoint its officers and other employees in such manner as may be prescribed by the central governmentsub-clause (3) of this clause provides that the officers and other employees of the national authority appointed under sub-clause (2) shall discharge their functions under the general superintendence of the chairpersonsub-clause (4) of this clause provides that the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national authority shall be such as may be prescribed by the central governmentclause 68— this clause relates to the powers and functions of the national authority sub-clause (1) of this clause provides that subject to the provisions of this act, the national authority shall discharge and exercise the following functions and powers in respect of major minerals, namely:— (a) lay down the standards of quality of technical regulation to be followed by the state governments and the indian bureau of mines; (b) lay down the standards of quality of reports and information provided in the public domain by the state governments, indian bureau of mines and geological survey of india to the investors in the mining sector; (c) mediate on the issue of jurisdiction in matters of inspection of mining areas amongst the state governments and the indian bureau of mines; (d) advise on mineral-wise conservation strategies keeping in view of the national interest; (e) advise on matters relating to framework for sustainable development of the mining sector, including implementation and monitoring thereof the proviso to the said sub-clause provides that notwithstanding anything contained in this act, the national authority may, on the request of the central government or any state government, render advice on sustainable development framework for minor minerals; (f) advise the central government and any state government, on a reference from them, on issues pertaining to measures to increase transparency in the grant of mineral concessions and efficiency in models for competitive bidding of minerals; (g) review of the existing rates of royalty on minerals (other than coal, lignite and sand for stowing) specified in the second schedule for major minerals in terms of sub-clause (2) of clause 41 and the profit sharing percentage payable under sub-clause (2) of clause 43 and recommend revision of rates of royalty and profit sharing percentage to be paid by the mining lease holder from time to time; (h) review of the existing rates of dead rent on minerals (other than coal, lignite and sand for stowing) specified in the third schedule for major minerals in terms of sub-clause (3) of clause 42 and recommend revision of rates of royalty from time to time; (i) recommend suitable mechanisms to moderate royalty to support investment in remote areas or for induction of special technology or for promoting mineral beneficiation or to produce downstream products of strategic value or to create infrastructure the proviso to the said sub-clause provides that the recommendations of the national authority under this sub-clause shall be made in consultation with the state governments and the mining industry and shall be in the form of a report submitted to the central government the proviso to the said sub-clause further provides that the national authority shall not recommend increase in royalty rates or profit sharing percentage for any mineral or fees or other charges more than once in three years; (j) recommend strategies and institutional mechanisms to the central government for attracting long-term investments in the mining sector; (k) recommend mechanisms to protect the interests of the end-use industries in the country for assured long-term supply of minerals;sub-clause (2) of this clause provides that the national authority shall have the power to regulate its own procedure thereof in all matters arising out of the exercise of its powers or of the discharge of its functionssub-clause (3) of this clause provides that the national authority shall ensure transparency in exercising its powers and discharging its functionssub-clause (4) of this clause provides that the national authority or any of its officers authorised by it may call for records, material evidence, or persons accused of contravening any of the provisions or committing any of the offences under this act sub-clause (5) of this clause provides that all proceedings before the national authority in discharge of its functions shall be deemed to be judicial proceedings within the meaning of sections 193, 219, 228 and for the purposes of section 196 of the indian penal code and the national authority shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973sub-clause (6) of this clause provides that notwithstanding anything contained in clause 85, the order of the national authority shall not be subject to revision by the national tribunalsub-clause (7) of this clause provides that the recommendation or advice of the national authority under this clause shall be in the form of a report to the central government and the central government shall take a decision thereon within a period of three months the proviso to the said sub-clause provides that where the government takes a decision at variance with the recommendation or advice of the national authority, it shall record the reasons therefor and intimate the same to the national authoritysub-clause (8) of this clause provides that the national authority shall include in its annual report all the cases where its recommendation or advice has not been accepted by the central government along with reasons thereforclause 69— this clause relates to the search, seizure and investigation of the national authoritysub-clause (1) of this clause provides that without prejudice to the provisions of this act or any other law for the time being in force, the national authority may, on the basis of written complaint alleging contravention of the provisions of this act or alleging commission of any offence punishable under this act or the rules made thereunder in respect of major minerals where such contraventions or commission of offences have been committed on large scale or on organised basis or takes place inter-state, investigate or cause to be investigated any such complaint or institute the prosecution against any personsub-clause (2) of this clause provides that without prejudice to the generality of the provisions of sub-clause (1), the national authority may investigate or cause to be investigated or institute the prosecution against any person where contraventions or commission of offences have been committed on large scale or on organised basis or have taken place inter-state, in respect of major minerals in the following cases, namely:— (i) exploration and mining for any mineral without licence or lease; (ii) undertaking of mining or exploration activity outside the area granted under licence or lease; (iii) transactions relating to or possession of mineral stock of unknown origin, or such mineral which cannot be satisfactorily accounted for; (iv) transportation, storage, trade or export of illegally raised mineral without lawful authoritysub-clause (3) of this clause provides that the national authority may, if it finds that the contravention of any of the provisions of this act or commission of any offence thereunder in respect of major minerals is of a small scale or isolated nature, refer any complaint referred to in sub-clause (1) or sub-clause (2) to the state government concerned for such action as it deems fitsub-clause (4) of this clause provides that the central government or the state government or the national authority may, by notification in the official gazette, appoint such persons as it thinks fit, possessing such qualifications as may be prescribed, or such authority fulfilling such criteria or appoint an investigation officer or investigation authority or appoint legal practitioner for initiating prosecution or defending its case before any court or tribunal for such area as may be specified in the notification, to investigate or initiate prosecution in contravention of any of the provisions of this act or commission of any offence thereunder in respect of major minerals [including cases falling under clauses (i) to (iv) of sub- clause (2)]the explanation to the said sub-clause provides that "legal practitioner" means an advocate, vakil or an attorney of any high court, and includes a pleader in practicesub-clause (5) of this clause provides that the investigation officer or the investigating authority referred to in sub-clause (4), if so authorised by the central government, shall have power - (a) to enter and search, at all reasonable times and with such assistance, if any, as he considers necessary, any premises in which he has reason to believe that an offence under this act or the rules made thereunder has been or is being or is about to be committed; or for the purpose of satisfying himself that the provisions of this act or the rules made thereunder are being complied with; (b) to require the production of, and to inspect, examine and make copies of, or take extracts from registers, records or any other documents kept by a holder of a mining lease or licence, as the case may be, in pursuance of the provisions of this act or the rules made thereunder and seize the same, if he has reason to believe that all or any of them, may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder; (c) to make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act or the rules made thereunder are being complied with; (d) to exercise such other powers as may be necessary for carrying out the purposes of this act or the rules made thereundersub-clause (6) of this clause provides that the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to any search or seizure under this act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said codesub-clause (7) of this clause provides that save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to the process of investigation and initiation of prosecution of the offences in respect of major minerals under the provisions of this act, as they apply to the investigation or initiation of prosecution made under the provisions of the said codesub-clause (8) of this clause provides that the investigating officer or investigating authority, as the case may be, shall complete the process of investigation within a period of three months from the date of authorisation for conducting such investigation and submit the report of such investigation to the national authoritysub-clause (9) of this clause provides that the investigation officer or the investigating authority may take the assistance of police if so becomes necessary for discharge of its functions under this actsub-clause (10) of this clause provides that the national authority either on its own motion (on the basis of material in its possession) or on the basis of report referred to in subclause (8) or an investigation officer or investigating authority or any of its officer, if so authorised by the national authority may file a complaint before a competent court for the contravention of the provisions of this act or commission of any offence thereunder in respect of major minerals clause 70—this clause relates to the establishment of state mining regulatory authoritysub-clause (1) of this clause provides that the state government may, by notification, establish with effect from such date as may be specified therein, a state authority to be known as the state mining regulatory authority, to exercise the powers and functions, mutatis mutandis, in respect of minor minerals, as is exercisable under clauses 68 and 69 by the national authoritysub-clause (2) of this clause provides that without prejudice to the provisions of subclause (1), the state government may confer on the state authority the functions relating to monitoring and regulating the operation of the sustainable development framework in respect of minor minerals and for major minerals after approval of the central governmentclause 71—this clause relates to the composition and procedures of the state authoritythis clause provides that the composition and procedures of the state authority referred to in clause 70 shall be such as may be prescribed by the state government the proviso to the said clause provides that in respect of functions relating to the sustainable development framework the procedures shall be sad in accurance with the provision, contained in clause 46 clause 72—this clause relates to the powers and functions of the state authoritysub-clause (1) of this clause provides that subject to the provisions of this act, the state authority shall have the powers to authorise investigation and institute prosecution against any person for offences under this act in respect of minor minerals or major minerals in the following cases, namely:— (a) exploration and mining operations for any mineral without licence or lease; (b) undertaking of any mining or exploration activity outside the area granted under licence or lease; (c) transactions relating to possession of mineral stock of unknown origin, or such mineral which cannot be satisfactorily be accounted for; (d) transportation, storage, trade or export, of illegally raised mineral without lawful authority; (e) any other matter pertaining to illegal mining referred to the state authority by the state government the proviso to the said sub-clause provides that in any case where the matter is under investigation or prosecution by the national authority, the state authority shall not carry out any further investigation or prosecution except with the approval of the national authoritysub-clause (2) of this clause provides that notwithstanding anything contained in clause 85, the order of the state authority shall not be subject to revision by the national tribunalclause 73— this clause relates to the powers of the central government to supersede national authoritysub-clause (1) of this clause provides that if, at any time, the central government is of the opinion,— (a) that, on account of circumstances beyond the control of the national authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or (b) that the national authority has persistently defaulted in complying with any direction given by the central government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the national authority or the administration of the national authority has suffered; or (c) that circumstances exist which render it necessary in the public interest so to do, the central government may for reasons to be recorded, by notification, supersede the national authority for such period, not exceeding one year, as may be specified in the notification and appoint a person or persons as the president may direct to exercise powers and discharge functions under this act the proviso to the said sub-clause provides that before issuing any such notification, the central government shall give a reasonable opportunity to the national authority to make representations against the proposed supersession and shall consider the representations, if any, of the national authoritysub-clause (2) of this clause provides that upon the publication of a notification under sub-clause (1) superseding the national authority,— (a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the national authority shall, until the national authority is reconstituted under sub-clause (3), be exercised and discharged by the person or persons referred to in sub-clause (1); and (c) all properties owned or controlled by the national authority shall, until the national authority is reconstituted under sub-clause (3), vest in the central governmentsub-clause (3) of this clause provides that on or before the expiration of the period of supersession specified in the notification issued under sub-clause (1), the central government shall reconstitute the national authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of subclause (2) shall not be deemed to be disqualified for reappointmentsub-clause (4) of this clause provides that the central government shall cause a copy of the notification issued under sub-clause (1) and a full report of any action taken under this clause and the circumstances leading to such action to be laid before each house of parliament at the earliestclause 74— this clause relates to the power of state government to supersede state authoritysub-clause (1) of this clause provides that if, at any time, the state government is of the opinion,— (a) that, on account of circumstances beyond the control of the state authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or (b) that the state authority has persistently defaulted in complying with any direction given by the state government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the state authority or the administration of the state authority has suffered; or (c) that circumstances exist which render it necessary in the public interest so to do, the central government may for reasons to be recorded, by notification, supersede the state authority for such period, not exceeding one year, as may be specified in the notification and appoint a person or persons as the governor may direct to exercise powers and discharge functions under this act the proviso to the said subclause provides that before issuing any such notification, the state government shall give a reasonable opportunity to the state authority to make representations against the proposed supersession and shall consider the representations, if any, of the state authoritysub-clause (2) of this clause provides that upon the publication of a notification under sub-clause (1) superseding the state authority,— (a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such; (b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the state authority shall, until the state authority is reconstituted under sub-clause (3), be exercised and discharged by the person or persons referred to in sub-clause (1); and (c) all properties owned or controlled by the state authority shall, until the state authority is reconstituted under sub-clause (3), vest in the state governmentsub-clause (3) of this clause provides that on or before the expiration of the period of supersession specified in the notification issued under sub-clause (1), the state government shall reconstitute the state authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of subclause (2) shall not be deemed to be disqualified for reappointmentsub-clause (4) of this clause provides that the state government shall cause a copy of the notification issued under sub-clause (1) and a full report of any action taken under this clause and the circumstances leading to such action to be laid before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that houseclause 75—this clause relates to the establishment of the national mining tribunal and benches thereofthis clause provides that the central government shall by notification establish with effect from such date as may be specified therein, a tribunal to be known as the national mining tribunal, to exercise jurisdiction, powers and authority conferred on such tribunal by or under this actclause 76—this clause relates to the composition of the national mining tribunal sub-clause (1) of this clause provides that the national mining tribunal shall consist of a full time chairperson and not more than seven judicial members and seven expert members to be appointed, by notification, by the central governmentsub-clause (2) of this clause provides that the chairperson of the national mining tribunal may, if considered necessary, invite any one or more persons having specialised knowledge and experience in a particular case before the tribunal to assist the tribunal in that casesub-clause (3) of this clause provides that subject to the other provisions of this act, the jurisdiction, powers and authority of the national mining tribunal may be exercised by benches thereof as may be notified by the central governmentsub-clause (4) of this clause provides that subject to the other provisions of this act, a bench shall consist of three members with chairperson or an expert member and one judicial member and third member who may be either expert member or judicial membersub-clause (5) of this clause provides that notwithstanding anything contained in sub-clause (1), the chairperson may transfer a member from one bench to another benchsub-clause (6) of this clause provides that subject to the other provisions of this act, the benches of the national mining tribunal shall ordinarily sit at delhi (which shall be known as the principal bench) and at such other places as the central government may, by notification, specifyclause 77— this clause relates to the qualifications for appointment as chairperson or member of the national mining tribunalsub-clause (1) of this clause provides that a person shall not be qualified for appointment as chairperson of the national mining tribunal, unless he,—(a) is of not less than fifty-five years of age; (b) has special knowledge and experience of not less than four years in law relating to mines and exploration; and (c) has experience of quasi-judicial functions the proviso to the said sub-clause provides that a person who is, or has been in the service of government shall not be appointed as a chairperson unless such person has held the post of secretary or additional secretary to the government of india or any equivalent post in the central government or the state government, as the case may be, for a period of not less than three yearssub-clause (2) of this clause provides that a person shall not be qualified for appointment as judicial member unless he,—(a) is of not less than fifty-five years of age; (b) has held a judicial office in the territory of india for at least ten years or who has been a member of the indian legal service and has held a post in grade i of that service or any equivalent post for at least three years, or who has been an advocate for at least ten years with experience in dealing with mining related matterssub-clause (3) of this clause provides that a person shall not be qualified for appointment as an expert members, unless he,—(a) is of not less than fifty-five years of age; (b) has experience in the field of mining sector at the national level, and has held the post of joint secretary to the government of india or any equivalent post in the central government or state government, as the case may be, for at least five yearssub-clause (4) of this clause provides that the central government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or end of tenure of the chairperson or any member, make a reference to the selection committee for filling up of the vacancyclause 78— this clause relates to the selection committee for selection of chairperson and memberssub-clause (1) of this clause provides that the central government shall, for the purpose of selection of the chairperson and members of the national mining tribunal constitute a selection committee, consisting of the following, namely:— (a) cabinet secretary— chairperson; (b) secretary in the ministry of mines—member; (c) secretary in the ministry of law and justice—member; (d) one expert to be nominated by the ministry of mines— membersub-clause (2) of this clause provides that the secretary in the ministry of mines, government of india shall be the convenor of the meeting of the selection committeesub-clause (3) of this clause provides that the selection committee shall finalise the selection of the chairperson and members within one month from the date on which the reference is made to itsub-clause (4) of this clause provides that the selection committee shall recommend a panel of two names in order of preference for every vacancy referred to it and the government shall make appointment from such panelsub-clause (5) of this clause provides that before recommending any person for appointment as a chairperson or a member of the national tribunal, the selection committee shall satisfy itself that such person shall not have any financial or other interest, which is likely to affect prejudicially his functions as chairperson or membersub-clause (6) of this clause provides that no appointment of the chairperson or a member of the national mining tribunal shall be invalid merely by reason of any vacancy in the selection committeesub-clause (7) of this clause provides that subject to the provisions of sub-clauses (1)to (6), the selection committee may regulate its own procedureclause 79— this clause relates to the terms of office, salaries and allowances of chairperson and members of the national mining tribunalsub-clause (1) of this clause provides that the chairperson of the national mining tribunal shall hold office for a term of five years from the date on which he enters upon his office or up to the age of sixty-seven years, whichever is earliersub-clause (2) of this clause provides that a member of the national mining tribunal shall hold office for a term of five years from the date on which he enters upon his office or up to the age of sixty-five years, whichever is earliersub-clause (3) of this clause provides that the salary or honorarium and other allowances payable to, and other terms and conditions of service of, the chairperson and other members of the national mining tribunal shall be such as may be prescribed by the central government the proviso to the said sub-clause provides that neither the salary or honorarium and other allowances nor the other terms and conditions of service of the chairperson and other members of the national mining tribunal shall be varied to their disadvantage after appointmentclause 80— this clause relates to the resignation of the chairperson or a member of the national mining tribunalthis clause provides that a chairperson and a member of the national mining tribunal may, by notice in writing under his hand addressed to the central government, resign his office the proviso to the said sub-clause provides that a chairperson and a member of the national mining tribunal shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliestclause 81— this clause relates to the removal and suspension of chairperson or members of national mining tribunalsub-clause (1) of this clause provides that the central government may, by order, remove from office, the chairperson or any member of the national mining tribunal, if the chairperson or such other member, as the case may be, in its opinion —(a) has been adjudged as insolvent; or (b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or (f) has engaged at any time during his term of office in any other employmentsub-clause (2) of this clause provides that no chairperson or any other member of the national mining tribunal shall be removed from office except by an order of the central government on the ground of his proved misbehaviour or incapacity after the central government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the central government, come to the conclusion that the chairperson or member, as the case may be, ought on any such ground to be removedsub-clause (3) of this clause provides that the central government may suspend chairperson or a member of the national mining tribunal, as the case may be, in respect of whom an inquiry under sub-clause (2) is being initiated or pending until the central government has passed an order on receipt of the report of the inquiryclause 82— this clause relates to the member of the national mining tribunal to act as its chairperson in certain casessub-clause (1) of this clause provides that in the event of the occurrence of any vacancy in the office of the chairperson of the national mining tribunal by reason of his death or resignation, the senior-most expert member of the national mining tribunal shall act as the chairperson of the tribunal until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his officesub-clause (2) of this clause provides that when the chairperson of the national mining tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most expert member of the national mining tribunal, shall discharge the functions of the chairperson until date on which the chairperson resumes his dutiesclause 83— this clause relates to the vacancies, etc, not to invalidate proceedings of national mining tribunalthis clause provides that no act or proceeding of the national mining tribunal shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the national mining tribunal; or (b) any defect in the appointment of a person as the chairperson or a member; or (c) any irregularity in the procedure of the national mining tribunal not affecting the merits of the caseclause 84— this clause relates to the staff of national mining tribunal sub-clause (1) of this clause provides that the central government shall determine the nature and categories of the officers and other employees required to assist the national mining tribunal in the discharge of its functionssub-clause (2) of this clause provides that the recruitment of the officers and other employees of the national mining tribunal shall be made by the chairperson in such manner as may be prescribed by the central governmentsub-clause (3) of this clause provides that the officers and other employees of the national mining tribunal shall discharge their functions under the general superintendence of the chairperson; and sub-clause (4) of this clause provides that the salaries and allowances and conditions of service of the officers and other employees of the national mining tribunal shall be such as may be prescribed by the central governmentclause 85— this clause relates to the powers and procedures of the national mining tribunalsub-clause (1) of this clause provides that subject to the provisions of this act, the national mining tribunal shall have the powers with respect to major minerals— (a) to adjudicate on applications seeking directions to the central government or the state governments or an authority of the state government to dispose of an application made to it, including an application for grant or transfer of mineral concession under the act, with respect to any major mineral within such time as the national mining tribunal may stipulate, in such cases where the central government or state government, as the case may be, has failed to dispose off the application within the time specified under this act; (b) to hear applications from any affected person in relation to orders and directions issued under this act relating to preparation, approval and implementation of mining plans and mine closure plans and sustainable development framework; (c) to hear applications made to it in the nature of revisions from the affected persons and confirm or set aside any order passed by the central government or the state government or an authority of the state government, as the case may be, under this act or the rules made thereunder as it may deem just and propersub-clause (2) of this clause provides that subject to the provisions of this act and the rules made thereunder, the national mining tribunal shall have the power to regulate its own procedure and the procedure of benches thereof in all matters arising out of the exercise of its powers or of the discharge of its functionssub-clause (3) of this clause provides that subject to other provisions of this act, the national mining tribunal may call for the records of the case and pass such order or direction in respect of the matter specified in sub-clause (1), as it may deem fit the proviso to the said sub-clause provides that the national mining tribunal shall, before passing any order or direction, under this sub-clause issue notice to the central government or the state government or an authority of the state government, as the case may be, and give a reasonable opportunity to the affected parties and if necessary any other authority, as the case may be, of being heard the proviso to the said sub-clause further provides that the national mining tribunal shall dispose of the case within a period of six months from the date of filing of the application unless for reasons to be recorded, the national mining tribunal extends the time period for such disposalsub-clause (4) of this clause provides that the national mining tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining him an oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872 requisition any public record or document or copy of such record or document from any other; (e) issuing commissions for the examination of witness or documents; (f) reviewing its decision; (g) dismissing an application for default or deciding its ex parte; (h) setting aside any order of dismissal of any application for default or any order passed by it ex parte; (i) pass an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any applications made or appeal filed under this act; (j) any other matter which may be prescribed by the central governmentsub-clause (5) of this clause provides that all proceedings before the national mining tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228, and for the purposes of section 196 of the indian penal code and the tribunal shall be deemed to be a civil court for the purposes of clause 195 and chapter xxvi of the code of criminal procedure, 1973sub-clause (6) of this clause provides that on the conclusion of proceedings, the national mining tribunal, shall pass such orders as it deems fit and provide such relief as may be desirable, including the award of such punitive damages, as it deems fit, to the affected party at issuesub-clause (7) of this clause provides that every order made by the national mining tribunal under sub-clause (6) shall be signed by the chairperson or member or members who heard the case and passed the order clause 86— this clause relates to the application to national mining tribunalsub-clause (1) of this clause provides that any person aggrieved by an order of the central government or the state government or an authority of the state government, as the case may be, may make an application to the national mining tribunal, in such form and accompanied by such fee as may be prescribed by the central government, within a period of ninety days from the date on which a copy of such order is received by such aggrieved person the proviso to the said sub-clause provides that the national mining tribunal may entertain an application after the expiry of the said period of ninety days if it is satisfied, for reasons to be recorded that there was sufficient cause for not filing it within that period the proviso to the said sub-clause further provides that an order of the state government or the central government, or an authority of the state government, as the case may be, shall not be revised by the tribunal except on grounds substantially similar to those specified in section 115 of the code of civil procedure, 1908sub-clause (2) of this clause provides that where an application before the national mining tribunal is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the application and make an order that the applicant shall pay to the respondent such costs as may be specified in the orderclause 87— this clause relates to the transfer of revisions pending before central government to national tribunalthis clause provides that all revision cases pending before the central government under section 30 of the mines and minerals (development and regulation) act, 1957, as it stood before its repeal, before the central government shall, on commencement of this act, stand transferred to the national mining tribunal on its establishment and to be disposed of as an application under clause 66 of this actclause 88— this clause relates to the appeal to high court sub-clause (1) of this clause provides that notwithstanding anything contained in the code of civil procedure, 1908 or in any other law for the time being in force, an appeal shall lie against any order, not being an interlocutory order, of the national mining tribunal to the high court on one or more grounds specified in clause 100 of that codesub-clause (2) of this clause provides that no appeal shall lie against any decision or order made by the national mining tribunal with the consent of the partiesclause 89— this clause relates to the establishment of state mining tribunal this clause provides that the state government may, by notification, establish with effect from such date as may be specified therein, a tribunal to be known as the state mining tribunal, to exercise jurisdiction, powers and authority conferred on such tribunal by or under this actclause 90— this clause relates to the composition of state mining tribunal and benches thereofthis clause provides that the state mining tribunal shall consist of a full time chairperson and two other members of which one shall be a judicial member and other shall be an expert member, to be appointed by the state governmentclause 91— this clause relates to the qualifications for appointment as chairperson or member of state mining tribunalsub-clause (1) of this clause provides that a person shall not be qualified for appointment as chairperson of the state mining tribunal, unless he,—(a) is of not less than fifty-five years of age; (b) has special knowledge and experience of not less than four years in law relating to mines and exploration; and (c) has experience of quasi-judicial functions the proviso to the said sub-clause provides that a person who is, or has been in the service of government shall not be appointed as a chairperson unless such person has held the post of principal secretary to the state government or any equivalent post, as the case may be, for a period of not less than three yearssub-clause (2) of this clause provides that a person shall not be qualified for appointment as judicial member unless he,—(a) is of not less than fifty-five years of age; (b) has held a judicial office in the territory of india for at least seven years or who has been a member of the indian legal service and has held a post in grade ii of that service or any equivalent post for at least three years, or who has been an advocate for at least ten years with experience in dealing with mining related matterssub-clause (3) of this clause provides that a person shall not be qualified for appointment as expert members, unless he,—(a) is of not less than fifty-five years of age; (b) has experience in the field of mining sector at the state level, and has held the post of additional secretary in the state government or any equivalent post for at least five yearssub-clause (4) of this clause provides that the state government shall within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or end of tenure of the chairperson or any member, make a reference to the selection committee for filling up of the vacancyclause 92—this clause relates to the selection committee for selection of chairperson and members of state mining tribunalsub-clause (1) of this clause provides that the state government shall, for the purpose of selection of the chairperson and members of the state mining tribunal constitute a selection committee, consisting of the chief secretary of the state as chairperson, the principal secretary in the department of mines, secretary, department of legal affairs and one expert to be nominated by the chief secretary as members of the selection committeesub-clause (2) of this clause provides that the principal secretary to the state government dealing with mines shall be the convenor of the meetings of the selection committeesub-clause (3) of this clause provides that the selection committee shall finalise the selection of the chairperson and members within one month from the date on which the reference is made to itsub-clause (4) of this clause provides that the selection committee shall recommend a panel of two names in order of preference for every vacancy referred to it and the state government shall make appointment from such panelsub-clause (5) of this clause provides that before recommending any person for appointment as a chairperson or a member of the state mining tribunal, the selection committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as chairperson or membersub-clause (6) of this clause provides that no appointment of the chairperson or a member of the state mining tribunal shall be invalid merely by reason of any vacancy in the selection committeesub-clause (7) of this clause provides that subject to the provisions of sub-clauses(1) to (6), the selection committee shall regulate its own procedureclause 93— this clause relates to the terms of office, salaries and allowances of chairperson and members of state mining tribunalsub-clause (1) of this clause provides that the chairperson of the state mining tribunal shall hold office for a term of five years from the date on which he enters upon his office or upto the age of sixty-seven years, whichever is earliersub-clause (2) of this clause provides that a member of the state mining tribunal shall hold office for a term of five years from the date on which he enters upon his office or upto the age of sixty-five years, whichever is earliersub-clause (3) of this clause provides that the salary or honorarium and other allowances payable to and other terms and conditions of service of the chairperson and other members of the state mining tribunal shall be such as may be prescribed by the state government the proviso to the said sub-clause provides that neither the salary or honorarium and other allowances nor the other terms and conditions of service of the chairperson and other members of the state mining tribunal shall be varied to their disadvantage after appointmentclause 94— this clause relates to the resignation of chairperson and a member of the state mining tribunalthis clause provides that a chairperson and a member of the state mining tribunal may, by notice in writing under his hand addressed to the state government, resign his office the proviso to the said sub-clause provides that a chairperson and a member of the state mining tribunal shall, unless he is permitted by the state government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliestclause 95— this clause relates to the removal and suspension of chairperson or members of state mining tribunalsub-clause (1) of this clause provides that the state government may, by order, remove from office, the chairperson or any member, if the chairperson or such other member of the state mining tribunal, as the case may be, in its opinion,— (a) has been adjudged as insolvent; or (b) has been convicted of an offence which, in the opinion of the state government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest; or (f) has engaged at any time during his term of office in any other employmentsub-clause (2) of this clause provides that no chairperson or any other member of the state mining tribunal shall be removed from office except by an order of the state government on the ground of his proved misbehaviour or incapacity after the state government, has, on an inquiry, held in with the procedure prescribed in his behalf by the state government, come to the conclusion that the chairperson or member, as the case may be, ought on any such ground to be removedsub-clause (3) of this clause provides that the state government may suspend the chairperson or any member of the state mining tribunal in respect of whom an inquiry under sub-clause (2) is being initiated or pending until the state government has passed an order on receipt of the report of the inquiryclause 96— this clause relates to the member of state mining tribunal to act as its chairperson in certain casessub-clause (1) of this clause provides that in the event of the occurrence of any vacancy in the office of the chairperson of the state mining tribunal by reason of his death or resignation, the senior-most expert member of the state mining tribunal shall act as the chairperson of the tribunal until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his officesub-clause (2) of this clause provides that when the chairperson of the state mining tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most expert member of the state mining tribunal, shall discharge the functions of the chairperson until date on which the chairperson resumes his dutiesclause 97— this clause relates to the vacancies etc, not to invalidate proceedings of state mining tribunalthis clause provides that no act or proceeding of the state mining tribunal shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the state mining tribunal; or (b) any defect in the appointment of a person as the chairperson or a member; or (c) any irregularity in the procedure of the state mining tribunal not affecting the merits of the case clause 98— this clause relates to the staff of state mining tribunalsub-clause (1) of this clause provides that the state government shall determine the nature and categories of the officers and other employees required to assist the state mining tribunal in the discharge of its functionssub-clause (2) of this clause provides that the recruitment of the officers and other employees of the state mining tribunal shall be made by the chairperson in such manner as may be prescribed by the state governmentsub-clause (3) of this clause provides that the officers and other employees of the state mining tribunal shall discharge their functions under the general superintendence of the chairperson; and sub-clause (4) of this clause provides that the salaries and allowances and conditions of service of the officers and other employees of the state mining tribunal shall be such as may be prescribed by the state governmentclause 99— this clause relates to the powers and procedures of the state mining tribunalsub-clause (1) of this clause provides that subject to the provisions of this act, the state mining tribunal shall have the powers with respect to minor minerals —(a) to adjudicate on applications seeking direction to the state government or an authority of the state government, as the case may be, to dispose of an application made to it, including an application for grant of mineral concession under this act, with respect to any minor mineral within such time as the state mining tribunal may stipulate, in such cases where the state government has failed to dispose of the application within the time specified in the act; (b) to hear applications from any affected person in relation to orders or directions issued under this act relating to preparation, approval and implementation of mining plans, mining frameworks and mine closure plans and sustainable development framework; (c) to hear applications made to it in the nature of revisions from the affected persons and confirm or set aside any order passed by the state government or the state government or an authority of the state government, as the case may be, under this act or the rules made thereunder as it may deem just and propersub-clause (2) of this clause provides that subject to the provisions of this act and the rules made thereunder, the state mining tribunal shall have the power to regulate its own procedure and the procedure in all matters arising out of the exercise of its powers or of the discharge of its functionssub-clause (3) of this clause provides that subject to other provisions of this act, the state mining tribunal may call for the records of the case and pass such order or direction in respect of the matter specified in sub-clause (1), as it may deems fit the proviso to the said sub-clause provides that the state mining tribunal shall, before passing any order or direction, under this sub-clause issue notice to the state government or an authority of the state government, as the case may be, and give a reasonable opportunity to the affected persons and if necessary any other authority, as the case may be, of being heard the proviso to the said sub-clause further provides that the state mining tribunal shall dispose of the case within a period of six months from the date of filing of the application unless for reasons to be recorded, the tribunal extends the time period for such disposalsub-clause (4) of this clause provides that the state mining tribunal shall have, for the purposes of discharging its function under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him an oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of clauses 123 and 124 of the indian evidence act, 1872 requisitioning any public record or document or copy of such record or document from any other; (e) issuing commissions for the examination of witness or documents; (f) reviewing its decision; (g) dismissing an application for default or deciding its ex parte;(h) setting aside any order of dismissal of any application for default or any order passed by it ex parte; (i) pass an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any applications made or appeal filed under this act; (j) any other matter which may be prescribed by the state governmentsub-clause (5) of this clause provides that all proceedings before the state mining tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228, and for the purposes of section 196 of the indian penal code and the tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973sub-clause (6) of this clause provides that on the conclusion of proceedings, the state mining tribunal, shall pass such orders as it deems fit and provide such relief as may be desirable, including the award of such punitive damages, as it deems fit, to the affected party at issuesub-clause (7) of this clause provides that every order made by the state mining tribunal, under sub-clause (6) shall be signed by the chairperson or member or members who heard the case and passed the order clause 100— this clause relates to the application to state mining tribunalsub-clause (1) of this clause provides that every application to the state mining tribunal against an order of the state government or an authority of the state government, shall be filed within a period of ninety days from the date on which a copy of the order made by the state government, is received by the aggrieved party, and it shall be in such form and be accompanied by such fee as may be prescribed by the state government the proviso to the said sub-clause provides that the state mining tribunal may entertain an application after the expiry of the said period of ninety days if it is satisfied, for reasons to be recorded that there was sufficient cause for not filing it within that period the proviso to the said sub-clause further provides that a revision application shall not lie except on grounds substantially similar to those specified in clause 115 of the code of civil procedure, 1908sub-clause (2) of this clause provides that where an application before the state mining tribunal is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the application and make an order that the applicant has to pay to the respondent such costs as may be specified in the order clause 101— this clause relates to the appeal to high courtsub-clause (1) of this clause provides that notwithstanding anything contained in the code of civil procedure, 1908 or in any other law for the time being in force, an appeal shall lie against any order, not being an interlocutory order, of the state mining tribunal to the high court on one or more grounds specified in section 100 of that codesub-clause (2) of this clause provides that no appeal shall lie against any decision or order made by the state mining tribunal with the consent of the partiesclause 102— this clause relates to the central coordination-cum-empowered committeesub-clause (1) of this clause provides that the central government shall, by notification, constitute a central coordination-cum-empowered committee consisting of representatives of the central government and the state governments to achieve the objects of the actsub-clause (2) of this clause provides that the functions of the central coordinationcum-empowered committee shall be such as may be notifiedsub-clause (3) of this clause provides that without prejudice to the provisions of the foregoing, the central coordination-cum-empowered committee may consider and make recommendations regarding any of the following, namely:—(a) improvement in procedure for grant of mineral concessions; (b) coordination among agencies entrusted with according statutory clearance; (c) maintenance of internet-based databases including a mining tenement registry; (d) development, implementation and evaluation of sustainable development framework; and (e) prevention and detection of illegal miningsub-clause (4) of this clause provides that the central coordination-cum-empowered committee shall meet at least once in three monthsclause 103—this clause relates to the state coordination-cum-empowered committeesub-clause (1) of this clause provides that the state government shall by notification constitute a state coordination-cum-empowered committee with representatives of the concerned departments of the state government and local representative of central organisation such as railways, highways, ports and customs, headed by chief secretary or additional chief secretary of the state government;sub-clause (2) of this clause provides that the function of the state coordination-cum-empowered committee shall be:— (i) to oversee clearance by various departments of the state government necessary to ensure timely grant of mineral concessions; (ii) review of activities in and around leased areas pursuant to the corporate social responsibility document; (iii) to monitor implementation of sustainable development framework and final mine closure plans; (iv) coordination of operations for prevention, detection and prosecution of cases of illegal mining; and (v) any other functions as may be prescribed by the state government; sub-clause (3) of this clause provides that the state coordination-cum-empowered committee shall meet at least once in two months clause 104—this clause relates to the national repositoriessub-clause (1) of this clause provides that the central government may, by notification, establish a national drill core repository for preservation and archiving of drill cores generated during mineral exploration and a national geophysical data repository for holding, authenticating and disseminating geophysical data for the purposes of this actsub-clause (2) of this clause provides that the repositories shall be managed or maintained in such manner as may be prescribed by the central governmentsub-clause (3) of this clause provides that the holder of any mineral concession shall, at his own expense, cause to be deposited,— (a) a representative portion of cores selected with the national drill core repository; and (b) all geophysical data collected by him during or part of his reconnaissance, exploration and prospecting operation, with the national drill core repository and national geophysical data repository respectively, in such manner as may be prescribed by the central governmentsub-clause (4) of this clause provides that the central government shall prescribe the procedure for making available data from the repositories to interested persons on such charges as may be prescribed by it the proviso to the said sub-clause provides that the repositories, referred to in sub-clause (3) shall not disclose information with respect to any drill core or any geophysical data received by it under this clause till after lapse of six months from the date of termination of the mineral concession, or relinquishment of the area from which the drill core has been drawn or geophysical data has been generatedclause 105—this clause relates to the constitution of special courts sub-clause (1) of this clause provides that the state government may, for the purposes of providing speedy trial of offences referred to in clauses 110, 111, 112 and 113 by notification, constitute as many special courts as may be necessary for such area or areas, as may be specified in the notificationsub-clause (2) of this clause provides that a special court shall consist of a single judge who shall be appointed by the state government with the concurrence of the high courtsub-clause (3) of this clause provides that a person shall not be qualified for appointment as a judge of a special court unless he was, immediately before such appointment, of the rank of at least an additional district and sessions judgesub-clause (4) of this clause provides that where the office of the judge of a special court is vacant, or such judge is absent from the ordinary place of sitting of such special court, or he is incapacitated by illness or otherwise in the performance of his duties, any urgent business as the special court shall be disposed of in accordance with the direction of district and sessions judge having jurisdiction over the ordinary place of sitting of the special court, as notified under sub- clause (1) the proviso to the said sub-clause provides that the high court of the state may, in case it is necessary or expedient to do so, direct that any business of the special court as may be specified shall be disposed of by any other special court or person qualified to be a judge of a special court clause 106—this clause relates to the procedures and powers of special courtssub-clause (1) of this clause provides that notwithstanding anything contained in the code of criminal procedure, 1973, every offence punishable under clauses 110, 111, 112 and 113 of this act shall be triable only by the special court within whose jurisdiction such offence has been committedsub-clause (2) of this clause provides that where it appears to any court in the course of any inquiry or trial that an offence is punishable under clauses 110, 111, 112 and 113 of this act it shall transfer such case to such special court having jurisdiction, and thereupon the case shall be tried and disposed of by such special court in accordance with the provisions of this act the proviso to the said sub-clause provides that it shall be lawful for such special court to act on the evidence, if any, recorded by any court in the case of presence of the accused before the transfer of the case to any special court the proviso to the said subclause further provides that if such special court is of opinion that further examination, cross-examination and re-examination of any of the witnesses whose evidence has already been recorded, is required in the interest of justice, it may re-summon any such witness and after such further examination, cross-examination or re-examination, if any, as it may permit, the witness shall be dischargedsub-clause (3) of this clause provides that the special court may, notwithstanding anything contained in sub-clause (1) of section 260 or section 262 of the code of criminal procedure, 1973, try the offence referred to in clauses 110, 111, 112 and 113 of this act in a summary way in accordance with the procedure prescribed in the said code and the provisions of sections 263 to 265 of the said code shall, so far as may be, apply to such trial the proviso to the said sub-clause provides that where in the course of a summary trial under this subclause, it appears to the special court that the nature of the case is such that it is undesirable to try such case in summary, the special court shall recall any witness who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the said code for the trial of such offence the proviso to the said sub-clause further provides that in case of any conviction in a summary trial under this clause, it shall be lawful for a special court to pass a sentence of imprisonment for a term not exceeding five yearssub-clause (4) of this clause provides that a special court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to, any offence tender pardon to such person on condition of his making a full and true disclosure of the circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of section 308 of the code of criminal procedure,1973, be deemed to have been tendered under section 307 thereofsub-clause (5) of this clause provides that the special court may determine the civil liability against a person in terms of money for raising, transporting or causing to be raised or transported without any lawful authority any mineral from any land, which shall not be less than an amount equivalent to two times of the value of mineral and the amount of liability so determined shall be recovered as if it were a decree of civil courtsub-clause (6) of this clause provides that the civil liability so determined finally by the special court shall be payable to the state government or to the person in whom the mineral vests, as the case may bethe explanation to the sub-clause provides that civil liability means loss or damage incurred by the state government or concerned authorities, as the case may be, due to the commission of an offence, under clauses 110, 111, 112 and 113clause 107—this clause relates to the special court to have powers of court of sessionsthis clause provides that save as otherwise provided in this act, the code of criminal procedure, 1973, in so far as they are not inconsistent with the provisions of this act, shall apply to the proceedings before the special court, and the special court shall be deemed to be a court of session and shall have all powers of a court of session and the person conducting a prosecution before the special court shall be deemed to be a public prosecutorclause 108—this clause relates to the appeal and revision this clause provides that the high court may exercise, so far as may be applicable, all the powers conferred by chapters xxix and xxx of the code of criminal procedure, 1973, as if the special court within the local limits of the jurisdiction of the high court is a district court, or as the case may be, the court of session, trying cases within the local limits of jurisdiction of the high courtclause 109—this clause relates to the review this clause provides that the special court may, on a petition or otherwise and in order to prevent miscarriage of justice, review its judgment or order passed under this clause, but no such review petition shall be entertained except on the ground that it was such order passed under a mistake of fact, ignorance of any material fact or any error apparent on the face of the record the proviso to the said sub-clause provides that the special court shall not allow any review petition and modify or set aside its previous order or judgment without hearing the parties affectedclause 110—this clause relates to the punishment for reconnaissance, prospecting and mining operations without licence or leasethis clause provides that whoever contravenes any of the provisions of clause 4, shall be punished with imprisonment for a term which may extend to,—(i) in cases of exploration without licence, two years, or with fine which may extend to twenty-five thousand rupees per hectare or part thereof subject to a maximum of fifteen lakh rupees in case of prospecting, or with both; (ii) in cases of mining without a lease, three years, or with fine which may extend to ten times the value of the mineral mined, or with bothclause 111—this clause relates to the penalty for non implementation of final mine closure planthis clause provides that a lessee, who fails to implement a final mine closure plan in accordance with the provisions of this act, or, abandons the mine or any portion of the mining lease area, which is likely to be a danger to the health and safety of the inhabitants of the area, shall be liable to a penalty which may extend to one thousand rupees per day per hectare for the period of such defaultclause 112—this clause relates to the penalty for disobeying direction of the state government, etcsub-clause (1) of this clause provides that whoever disobeys any direction given by the state government or the indian bureau of mines or any other authority empowered in this behalf under this act or any other law for the time being in force shall be liable to a penalty which may extend to ten thousand rupees per day for the period of such disobedience sub-clause (2) of this clause further provides that any person, who fails to comply with the directions of the state government under sub-clause (4) of clause 30, shall be liable to be punished with imprisonment for a term not less than three yearsclause 113—this clause relates to the penalty for contravention of act and rulesthis clause provides that whoever contravenes any provision of the proposed legislation or the rules made thereunder shall, if no penalty is provided elsewhere be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both, and in the case of continuing contravention, with an additional fine which may extend to one thousand rupees for every day during which such contravention continues after conviction for the first such contraventionclause 114—this clause relates to the recovery, seizure, etc, of minerals raised by any person without lawful authoritysub-clause (1) of this clause provides that whenever any person raises, without any lawful authority, any mineral from any land, without prejudice to any other action under the law for the time being in force, the state government may recover from such person, or from such other person to whom the mineral may have been transferred, the mineral so raised, and the cost of its disposal or, where such mineral has already been disposed of, the price of the mineral so disposed of, and may also recover from such person, rent, royalty, tax or cess, as the case may be, for the period during which the land was occupied by such person without such lawful authoritysub-clause (2) of this clause provides that whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, any officer empowered by the central government or the state government, as the case may be, may by general or special order in this behalf seize such mineral, tool, equipment, vehicle or any other thing, and the court having jurisdiction may order the confiscation and disposal of any such mineral, tool, equipment, vehicle or any other thing so seizedclause 115—this clause relates to the offences by companies sub-clause (1) of this clause provides that if the person committing an offence under this act or any rules made thereunder is a company, every person who at the time the offence was committed was directly in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of offence and be liable to be proceeded against and punished accordingly the proviso to the said sub-clause provides that nothing contained in this sub-clause shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offencesub-clause (2) of this clause provides that notwithstanding anything contained in sub-clause (1), where an offence under this act has been committed by the company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and be liable to be proceeded against and punished accordinglythe explanation to the sub-clause provides that (a) "company" means any body corporate and includes a firm or cooperative or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm clause 116—this clause relates to the cognizance of offences by courts:this clause provides that no court shall take cognizance of any offence punishable under this act or any rules made thereunder except upon a complaint in writing made by a person authorised in this behalf by general or special order of the central government or the state government, as the case may be clause 117—this clause relates to the compounding of offencessub-clause (1) of this clause provides that any offence punishable under this act or any rule made thereunder which provides for imprisonment may, either before or after the institution of the prosecution, be compounded by the person authorised under clause 116 to make a complaint to the court with respect to that offence, on payment to that person, for credit to the government, of such sum as the compounding fee at such rate as may be prescribed which shall not exceed five times the maximum rate of the fine for the offencesub-clause (2) of this clause provides that where an offence is compounded under sub-clause (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwithclause 118—this clause relates to the recovery of certain sums as arrears of land revenuesub-clause (1) of this clause provides that any rent, royalty, tax, cess, fee or other sum due to the government either under this act or any rule made thereunder or under the terms and conditions of any non-exclusive reconnaissance licence, high-technology reconnaissance-cum-exploration licence, prospecting licence or mining lease may, on a certificate of such officer as may be specified by the state government in this behalf by general or special order, be recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the government on or after the commencement of this act, together with the interest due thereon shall be a first charge on the assets of the holder of the non-exclusive reconnaissance licence, high-technology reconnaissance-cum-exploration licence, prospecting licence or mining lease, as the case may be the proviso to the said sub-clause provides that in respect of a mineral concession relating to a land in which the mineral vests in a private person, such sum may also be recovered in the same manner from such personclause 119—this clause relates to the ineligibility for grant of mineral concession sub-clause (1) of this clause provides that any director, manager, secretary or other officer of the company, or any other person convicted of an offence punishable under this act, or a company or its director, manager, secretary or any other person punishable with fine under this act, such company or its director, manager, secretary or other officer or any other such person shall be ineligible for the purpose of grant of any mineral concession under this act for a period of five years from the date of conviction, or imposition of fine, as the case may besub-clause (2) of this clause provides that if any person convicted of an offence under clauses 110, 111, 112 and 113 of this act holds a mineral concession under this act at the time of such conviction, the state government, having regard to the nature and gravity of the offence, may cancel or determine any or all such mineral concessions the proviso to the said sub-clause provides that in respect of a mineral concession relating to land the minerals of which vest in a private person, the government may direct such person to determine the lease the proviso to the said sub-clause further provides that no such order shall be made without giving an opportunity of being heard to the person holding the mineral concession and recording reasons the proviso to the said sub-clause also provides that provisions of sub-clause (3) of clause 30 shall, mutatis mutandis, apply to every such case under this clauseclause 120—this clause relates to the punishment for vexatious complaints this clause provides that whoever files any written complaint, referred to in clause (g)of sub-clause (1) of clause 69, to the national authority which is found to be frivolous or vexatious, he shall be punishable with fine which may extend to fifty thousand rupeesclause 121—this clause relates to the punishment for violation of directions of national authoritythis clause provides that whoever violates the directions of the national authority issued under sub-clause (4) of clause 68, shall be punishable with a fine which may extend to five thousand rupees and in case of second or subsequent offence with a fine which may extend to ten thousand rupees and in the case of continuing contravention with an additional fine which may extend to ten thousand rupees for every day during which the default continuesclause 122—this clause relates to the punishment for obstructing investigation officer or investigating authoritythis clause provides that whoever, obstructs an investigation officer or the investigating authority exercising the power of the investigation officer, in the exercise of his power or discharge of his duties under this act or the rules made thereunder, shall be punishable with imprisonment for a term which may extend to two years or with fine or with bothclause 123—this clause relates to the power of entry and inspections sub-clause (1) of this clause provides that for the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose connected with this act or the rules made thereunder, any person authorised by the indian bureau of mines or the state directorate in this behalf by general order, may,— (a) enter and inspect any mine; (b) survey and take measurements in any such mine; (c) weigh, measure or take measurements of the stocks of minerals lying at any mine; (d) examine any document, book, register, or record in the possession or power of any person having the control of, or connected with, any mine and place marks of identification thereon, and take extracts from or make copies of such document, book, register or record; (e) order the production of any such document, book, register, record, referred to in clause (d); and (f) examine any person having the control of, or connected with, any minethe explanation to the said sub-clause provides that the expression "record" includes any electronic record as referred to in clause (t) of section 2 of the information technology act, 2000sub-clause (2) of this clause provides that every person authorised by the indian bureau of mines or the state directorate and in case of coal minerals by the central government under sub-clause (1) shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, and every person to whom an order or summons is issued by virtue of the power conferred by clause (c) or clause (f) of sub-clause (1) shall comply with such order or summons, as the case may beclause 124—this clause relates to the power to search, enter and inspect by any officer of the central government or a state governmentsub-clause (1) of this clause provides that if any officer of the central government or a state government authorised by the central government or a state government, as the case may be, in this behalf by general or special order has reason to believe that any mineral has been raised in contravention of the provisions of this act or the rules made thereunder or any document or thing in relation to such mineral is secreted in any place or vehicle, he may search for such mineral, document or thing and the provisions of section 100 of the code of criminal procedure, 1973 shall apply to every such searchsub-clause (2) of this clause provides that for the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose connected with this act or the rules made thereunder, any person authorised by the central government or a state government, as the case may be, in this behalf by general or special order, may,— (a) enter and inspect any mine or mining operations or mineral bearing area; (b) survey and take measurements in any such mine or area; (c) weigh, measure or take measurements of the stocks of minerals lying at any mine; (d) examine any document, book, register, or record in the possession or power of any person having the control of, or connected with, any mine or mining operations and place marks of identification thereon, and take extracts from or make copies of such document, book, register or record; (e) order the production of any such document, book, register, record, as is referred to in clause (d); and (f) examine any person having the control of, or connected with, any mine or mining operationsthe explanation to the said sub-clause provides that the expression 'record' includes electronic record as referred to in clause (t) of clause 2 of the information technology act, 2000sub-clause (3) of this clause provides that every person authorised by the central government or a state government, as the case may be, under sub-clause (1) shall be deemed to be a public servant within the meaning of clause 21 of the indian penal code, and every person to whom an order or summons is issued by virtue of the power conferred by clause (c) or clause (f) of that sub-clause shall comply with such order or summons, as the case may bethe explanation to the said sub-clause provides that the expression "mining operations" includes any activity relating to the raising of any mineral, whether licenced or notclause 125—this clause relates to the declaration of a mineral as a major mineral this clause provides that the central government may, by notification, declare any mineral, or any grade thereof as a major mineral for all or any specified purpose or omit any mineral from the list of major minerals, and upon doing so, the first schedule to the act shall be deemed to have been amendedclause 126—this clause relates to the accreditation of agencies this clause provides that the central government may prescribe the qualifications and conditions of accreditation of agencies authorised to prepare feasibility studies in accordance with the provisions of the united nations framework classification adopted and notified by the central government for the purposes of this act or any other notified code of practice, including preparation of mining plans, mine closure plans and plans under sustainable development framework, and the indian bureau of mines shall function as the accreditation grants agency for the purposeclause 127—this clause relates to the special provisions to deal with certain contingenciessub-clause (1) of this clause provides that it shall be the duty of the indian bureau of mines or any authority of the central government as may be designated in respect of coal and atomic minerals, to render such assistances as may be required by the state government to ensure that mining activities are regulated in accordance with the provisions of this actsub-clause (2) of this clause provides that where the indian bureau of mines or authority designated under sub-clause (1), on the basis of information available to it is of the opinion that the provisions of this act and the rules made thereunder are not being complied with and that illegal or unscientific mining is going on in any state, the indian bureau of mines or such authority shall make a report to this effect to the central government, and the central government may issue such direction as it may consider necessary to the state government, relating to all or any of the following matters, namely:— (a) investigation and prosecution of offences; (b) revocation of mineral concessions; and (c) any measures to strengthen the administrative machinery for better regulation of mining in accordance with the provisions of actsub-clause (3) of this clause provides that where it appears to the central government that the directions referred to in sub-clause (2) have not been complied with or where it appears that despite the purported compliance of the directions further steps are necessary, the central government may direct the authority referred to in sub-clause (2), for:— (a) making written complaints under clause 61 for the investigation and prosecution of offences; (b) revocation of mineral concessions in accordance with the provisions of the act; and (c) any other measures as may be deemed fit in the circumstancesclause 128—this clause relates to the approval of the central government to the state governmentthis clause provides that where in any case previous approval of the central government is required under this act or the rules made thereunder, the request for such approval shall be made to the central government by the state government along with the recommendations of the state government on the matters for which the prior approval of the central government is sought, and all facts relevant to the matter on which such approval is soughtclause 129—this clause relates to the bar of jurisdiction this clause provides that no civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter which the special court or the national mining tribunal and the state mining tribunal is empowered by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this actclause 130—this clause relates to the delegation of powers sub-clause (1) of this clause provides that the central government may, by notification, direct that any power exercisable by it under this act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be also exercisable by:— (a) such officer or authority subordinate to the central government; or (b) such state government or such officer or authority subordinate to a state government; as may be specified in the notificationsub-clause (2) of this clause provides that the state government may, by notification may, direct that any power exercisable by it under this act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the state government as may be specified in the notificationsub-clause (3) of this clause provides that any rule made by the central government under this act may confer powers and impose duties or authorise the conferring of powers and imposition of duties upon any state government or any officer or authority subordinate theretoclause 131—this clause relates to the power of the central government to make rulesthis clause confers power upon the central government to make rules in respect of the rules specified in the said rules clause 132—this clause relates to the power of the state government to make rules this clause confers power upon the state government to make rules in respect of the rules specified in the said rulesclause 133—this clause relates to the laying of the rules this clause provides that the rules made by the central government and notifications issued by it under sub-section (3) of section 41, sub-section (3) of section 42 and section 125 shall be laid before each house of parliament similarly every rule made by the state government and notifications issued by it under sub-section (4) of section 41 and subsection (4) of section 42 shall be laid before the state legislature, where it consists of two houses, or where such legislature consists of one house, before that houseclause 134—this clause relates to the members and staff of tribunals to be public servantsthis clause provides that the chairperson and other members and the officers and other employees of the national mining regulatory authority, national mining tribunal, state mining regulatory authority and state mining tribunal are deemed to be the public servants within the meaning of section 21 of the indian penal codeclause 135—this clause relates to the application of other law not barred this clause provides that the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other laws for the time being in forceclause 136—this clause relates to the protection of action taken in good faith this clause provides that no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this actclause 137—this clause relates to the transitory provisions sub-clause (1) of this clause provides that all applications received under the mines and minerals (development and regulation) act, 1957:— (i) for grant of prospecting licence or a mining lease after completing exploration under a reconnaissance permit or a prospecting licence, as the case may be, or, (ii) for which prior approval of the central government for grant of mineral concessions, has been given or, (iii) where a letter of intent (by whatever name it is called) has been issued by the state government to grant reconnaissance permit or prospecting licence or mining lease, as the case may be, and was pending grant of the concession under this act for fulfilment of the conditions of the letter of intent, and the application for grant of the mineral concessions is pending with the state government at the time of commencement of this act, shall be processed in accordance with the provisions of this act for grant of concession the proviso to the said sub-clause provides that the state government may impose special conditions relating to payment of application fees , licence fee, security, at the time of grant of mineral concessions to holder of application considered in terms of this sub-clause to comply with the provisions of this actthe explanation to the said sub-clause clarifies that in case of an application for reconnaissance permit considered under this act, in terms of this sub-clause, the state government shall grant a non-exclusive reconnaissance licence:sub-clause (2) of this clause provides that in case of such area where applications for grant of prospecting licence or mining lease received before the commencement of this act have become ineligible in terms of the provisions of the act, the area applied for under such applications shall be notified by the state government for inviting applications in accordance with the provisions of clause 13 for prospecting or for mining, as may be appropriate, having regard to the available evidence of mineralisation the proviso to the said sub-clause provides that notwithstanding anything contained in clause 13, the state government may amalgamate areas or expand areas covered by such applications in the interest of scientific mining and may invite applications within a period of twelve months from the commencement of this act the proviso to the said sub-clause further provides that in case no notification is issued within the period specified in the first proviso, the area shall be made available, subject to the provisions of sub-clause (5) for grant of prospecting licence under the provisions of clause 22sub-clause (3) of this clause provides that applications for renewal of mineral concessions made under the mines and minerals (development and regulation) act, 1957 and pending on the date of commencement of this act shall be disposed off as applications for extension in accordance with the provisions of this actsub-clause (4) of this clause provides that a person who holds a reconnaissance permit prior to the commencement of this act shall be entitled to continue to hold the permit to the exclusion of all others for a period of two years or till the validity of the permit whichever is earlier, and during such period no other reconnaissance or high-technology reconnaissance cum exploration licence applications shall be entertained for the area covered by the reconnaissance permit, and the permit holder shall be deemed to be the holder of a non-exclusive reconnaissance licence for the purpose of sub-clause (6) of clause 22sub-clause (5) of this clause provides that no application for prospecting licence shall be entertained by the state government for a period of two years from the date of commencement of this act in respect of major minerals (except coal minerals and atomic minerals), other than such applications made in accordance with the provisions of subclause (7) of clause 22, unless the state government, by notification, invites applications for grant of prospecting licences the proviso to the said sub-clause provides that the state government may invite applications in different districts of the state on different dates the proviso to the said sub-clause further provides that the central government may extend the period specified in this sub-clause for a period not exceeding one year by notification for reasons of scientific mining or proper regulation of mineral development on a request from the state governmentclause 138—this clause relates to the repeal and saving sub-clause (1) of this clause provides that the mines and minerals (development and regulation) act, 1957 is hereby repealedsub-clause (2) of this clause provides that all rules made under the mines and minerals(development and regulation) act, 1957, not inconsistent with the provisions of this act, shall be deemed to have been made under this act where such rules were made and shall continue in force unless and until they are superseded or amended by any rules made under this actsub-clause (3) of this clause provides that all acts done, proceedings taken or notifications or orders issued and sentences passed under the mines and minerals (development and regulation) act, 1957, shall be valid and operative as if they had been done, taken, passed or issued in accordance with the provisions of this act, and no suit or other legal proceeding shall be maintained or continued against any person whatsoever, on the ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with the provisions of this actsub-clause (4) of this clause provides that notwithstanding such repeal, any act done or order passed under that act shall be deemed to have been done or passed under this act except to the extent that such act or order is inconsistent with the provisions of this actsub-clause (5) of this clause provides that the mention of particular matters in subclause (4) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897, with regard to the effect of repealclause 139—this clause relates to the power to remove difficulties this clause empowers the central government to make, by order published in the official gazette, provisions for removal of difficulties in giving effect to the provisions of the proposed legislation such orders could be made only within two years from the commencement of the proposed legislation financial memorandumsub-clause (1) of clause 58 of the bill empowers the central government to establish a national authority to be known as the national mining regulatory authority to exercise the powers conferred on, and to perform the functions assigned to, it under the bill in relation to major minerals (other than coal minerals) sub-clause (3) of clause 62 provides that the salary and other allowances payable to the chairperson and other members of the national mining regulatory authority shall be such as may be prescribed by the central government subclause (4) of clause 67 of the bill provides that the salaries and allowances payable to the officers and other employees of the national mining regulatory authority shall be such as may be prescribed by the central government2 clause 75 of the bill empowers the central government to establish a tribunal to be known as the national mining tribunal to exercise the jurisdiction, powers and authority conferred on such tribunal by or under the bill sub-clause (1) of clause 76 of the bill provides that a national mining tribunal shall consist of a full-time chairperson and not more than seven judicial members and seven expert members to be appointed by the central government sub-clause (3) of clause 79 of the bill provides that the salary and other allowances payable to the chairperson and other members of the national mining tribunal shall be such as may be prescribed by the central government sub-clause (4) of clause 84 of the bill provides that the salaries and allowances payable to the officers and other employees of the national mining tribunal shall be such as may be prescribed by the central government3 sub-clause (1) of clause 50 of the bill enables the central government to establish a fund to be called the national mineral fund for the purposes of the bill sub-clause (1) of clause 44 of the bill empowers the central government to levy and collect cess on major minerals sub-clause (2) of clause 50 of the bill provides that the proceeds of the cess levied under sub-clause (1) of clause 44 shall first be credited to the consolidated fund of india, and the central government may, after due appropriation made by parliament by law in this behalf, credit by way of grants or loans such sums of money as the central government may consider necessary to the national mineral fund from time to time, after deducting the expenses of collection, for being utilised for the purposes of making grants to the national mining regulatory authority under the national mining tribunal4 sub-clause (1) of clause 104 provides that the central government may, by notification, establish a national drill core repository for preservation and archiving of drill cores generated during mineral exploration and a national geophysical data repository for holding, authenticating and disseminating geophysical data for the purposes of the bill sub-clause (2) of clause 104 provides that these repositories shall be managed and maintained in such manner as may be prescribed by the central government5 keeping in view the manpower requirements and the total financial implication in setting up the national mineral regulatory authority and the national mining tribunal on a representative basis it is estimated that the recurring annual expenditure of the national mining regulatory authority and the national mining tribunal shall be approximately in the range of rs 1743 crore and the non-recurring capital investment is estimated to be rs 150 crore for the establishment of the national mining regulatory authority and the national mining tribunal, which would be borne by the central government it is estimated that the central government would obtain through the levy of cess on major minerals revenue of rs 77 crore national drill core repository and national geophysical data repository would be set up entirely out of the budget allocation for the geological survey of india memorandum regarding delegated legislationclause 131 of the bill empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the matter in respect of which such rules may be made these matters shall include,—(a) the form and manner of application to be made to the state governments along with application fee and earnest money under sub-clause (5) of clause 4; (b) the manner of grant of mining lease for atomic minerals by the state government under sub-clause (9) of clause 4; (c) the manner of publication of the report of the reconnaissance or prospecting operations and the manner of intimation of the same to the state government under subclause (10) of clause 4; (d) the manner in which a person is to be registered with indian bureau of mines or the state directorate or any other agency authorised by the central government under sub-clause (1) of clause 5; (e) identification of mineral or group of associated minerals for the purpose of granting of high-technology reconnaissance cum exploration licences under sub-clause (1) of clause 6; (f) the manner of surrender of area out of licence by the holder of a non-exclusive reconnaissance licence, high-technology reconnaissance cum exploration licence and prospecting licence under sub-clause (5) of clause 6; (g) procedure and condition for grant of mining lease for small deposits under sub-clause (6) of clause 6; (h) the manner of approval of mining plan for extension of mining lease under sub-clause (6) of clause 7; (i) the manner, terms and conditions in which competitive bidding and auction for coal minerals to take place under sub-clause (6) of clause 8; (j) the manner of making available the data relating to the grant, extension, termination and plan of operations in the official website under sub-section (8) of clause 8; (k) the manner of evaluation of bids under subclause (7) of clause 13; (l) the manner of inviting applications in grant of mineral concessions for coal minerals under sub-clause (9) of clause 13; (m) the procedure for notifying an area for inviting applications for major minerals and grant of mineral concessions under sub-clause (12) of clause 13; (n) the amount of fee to be charged by the state governments for transfer of the minerals concession under sub-clause (6) of clause 17; (o) the manner of payment of remaining amount of bid to the state government under clause (a) of sub-clause (3) of section 18; (p) the additional fee to be fixed by the central government under the proviso to clause (b) of sub-clause (3) of clause 18; (q) the other particulars for transfer of mining lease in clause (e) of sub-clause (4) of clause 18; (r) the fee to be charged for transfer of mining lease in case of a major mineral under sub-clause (9) of clause 18; (s) the manner of submission of reconnaissance plan under clause (b) of sub-clause (1) of clause 19; (t) the manner of providing data by the licence holder within such intervals under clause (c) of sub-clause (1) of clause 19; (u) the manner of submitting reports by the licence holder within such intervals under clause (f) of sub-clause (1) of clause 19; (v) the other conditions for grant of nonexclusive reconnaissance licence under clause (l) of sub-clause (1) of clause 19; (w) the general conditions relating to the non-exclusive licence under sub-clause (2) of clause 19; (x) the form and manner of application to be made to the state governments along with application fee and earnest money under sub-clause (1) of clause 20; (y) the manner of acknowledging and registering of applications under sub-clause (2) of clause 20; (z) conditions for high-technology reconnaissance cum exploration licence and prospecting licence to be fulfilled by the licence holder under sub-clause (1) of clause 21; (za) the form and manner of application to be made to the state governments for grant of high-technology reconnaissance cum exploration licence and prospecting licence along with application fee and earnest money under sub-clause (1) of clause 22; (zb) the manner of acknowledging and registering of applications under sub-clause (2) of clause 22; (zc) the manner of submission of report relating to the prospecting operations by the holder of high-technology reconnaissance and exploration licence and a prospecting licence to the state government under sub-clause (2) of clause 23; (zd) the particulars to be furnished by the lessee relating to mining lease under clause (f) of sub-clause (1) of clause 24; (ze) the manner and period of submission of report relating to the data relating to mining lease under sub-clause (1) of clause 24; (zf) the manner of restoration of a mining area under item (l) of sub-clause (1) of clause 24; (zg) the amount of security deposits to be paid by the lessee under clause (n) of sub-clause (1) of clause 24; (zh) the manner of setting up of a grievance redressal mechanism by the lessee under clause (o) of sub-clause (1) of clause 24; (zi) conditions for mining to be fulfilled by the lessee under clause (p) of sub-clause (1) of clause 24; (zj) the manner of acknowledging and registering of applications under sub-clause (2) of clause 25; (zk) general conditions to be fulfilled for grant of mining lease under sub-clause (3) of clause 25; (zl) the manner of preparation of a mining plan under sub-clause (1) of clause 26; (zm) empanelment and accreditation of qualified persons for preparation of mining plan under sub-clauses (4) and (5) of clause 26; (zn) technical and management capability of the state directorate for grant of approval for major minerals under sub-clause (6) of clause 26; (zo) the manner of extension of mining lease under sub-clause (1) of clause 28; (zp) the procedure for condoning delay and revival or commencement or re-commencement of mining operations under sub-clause (4) of clause 29; (zq) conditions for determination of mining lease under sub-clause (1) of clause 30; (zr) the manner of providing compensation to the lessee under sub-clause (2) of clause 31; (zs) manner of preparation of progressive mine closure plan and final mine closure plan under clause 32; (zt) the manner of determination of costs of mine closure under sub-clause (4) of clause 33; (zu) the method of calculation of for payment to be made by the lessee for coal minerals under the proviso to sub-clause (2) of clause 43; (zv) the manner of registration of person or company or firm or association using or trading in or exporting or stocking mineral with the indian bureau of mines under sub-clause (5) of clause 44; (zw) sustainable development framework under sub-clause (6) of clause 46; (zx) matters in which state government may issue directions under clause 47; (zy) the manner and availability of reports to such persons and at such costs under sub-clause (7) of clause 48; (zz) maintenance of accounts in respect of national mineral fund under sub-clause (1) of clause 52; (zza) the other expenditure utilised for the district mineral foundation under sub-clause (6) of clause 56; (zzb) the manner of approving such other expenditure available with the district mineral foundation under clause (c) of sub-clause (2) of clause 57; (zzc) the salary and allowances payable to and other terms and conditions of service of the chairperson and members of the national authority under sub-clause (3) of clause 62; (zzd) the procedure for conducting any inquiry under sub-clause (2) of clause 64; (zze) the manner of appointment of the officers and other employees of the national authority under sub-clause (2) of clause 67; (zzf) the salary and other allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national authority under sub-clause (4) of clause 67; (zzg) qualifications for appointment of investigation officer under sub-clause (4) of clause 69; (zzh) the salary and other allowances payable to and other terms and conditions of service of the chairperson and other members of the national mining tribunal under sub-clause (3) of clause 79; (zzi) the manner of removal of chairperson or any member of the national mining tribunal under sub-clause (2) of clause 81; (zzj) the manner of recruitment, salaries, allowances and conditions of service of officers and other employees of national mining tribunal under clause 84; (zzk) the other powers of national mining tribunal under clause 85; (zzl) the form and manner of application to national mining tribunal along with application fee under clause 86; (zzm) the manner of managing the national repositories and the data under sub-clause (2) of clause 104; (zzn) the rate of compounding fee for credit to the government under sub-clause (1) of clause 117; and (zzo) any other matter which is to be, or may be prescribed under this act2 clause 132 of the bill empowers the state government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the matter in respect of which such rules may be made these matters shall include,—(a) the manner of publication of data that would be available to the general public under the proviso to sub-clause (10) of section 4; (b) the manner of making available the data on mineral concessions to the public under sub-clause (8) of clause 8; (c) the procedure for notification for grant of mineral concession of minor mineral under sub-clause (13) of clause 13; (d) the manner in which a notification may be issued for inviting competitive financial bids under sub-clause (2) of clause 18; (e) the fee to be charged for the transfer of the mining lease in case of a minor mineral under sub-clause (7) of clause 18; (f) the rate and in the manner of levy of surface rent and water rate under clause (e) of sub-clause (1) of clause 24; (g) the manner of payment of compensation to the owner of surface, usufruct and traditional rights under sub-clause (1) of clause 43; (h) the amount to be paid by the holder of the district mineral foundation in case of minor minerals under sub-clause (2) of clause 43; (i) the manner of identification of the persons or families affected by mining related operations, determination of monetary benefit to each person or family, and monitoring mechanism under sub clause (10) of clause 43; (j) the manner of administration of state mineral fund under sub-clause (3) of clause 53; (k) the manner of audit of state mineral fund under subclause (1) of clause 55; (l) the manner of constitution of district mineral foundation under sub-clause (1) of clause 56; (m) the manner of consultation with affected persons or families under sub-clause (1) of clause 57; (n) the manner of preparation of annual statement of accounts by district mineral foundation and audit under sub-clause (6) of clause 57; (o) the manner of composition and procedures of state authority under clause 71; (p) the terms of office, salaries and allowances of the chairperson and members of state mining tribunal under sub-clause (3) of clause (93); (q) the manner of removal of chairperson or any member of the state mining tribunal under sub-clause (2) of clause 95; (r) the manner of recruitment, salaries, allowances and conditions of services of officers and other employees of state mining tribunal under sub-clause (2) of clause 98; (s) the other powers of the state mining tribunal under clause 99; (t) the form and manner of application to state mining tribunal along with application fee under clause 100; (u) the other functions of state co-ordinationcum-empowered committee under clause 103; and (v) any other matter which is to be, or may be prescribed under this act3 the rules made by the central government and notifications issued by it under subsection (3) of section 41, sub-section (3) of section 42 and section 125 under the proposed legislation shall be required to be laid before the parliament4 the rules made by the state government and notification issued by it under subsection (4) of section 41 and sub-section (4) of section 42 under the proposed legislation shall be required to be laid before the state legislatures5 the matters in respect of which rules may be made and notifications issued are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character lok sabha———— a billto consolidate and amend the law relating to the scientific development and regulation of mines and minerals under the control of the union————

Parliament_bills

b16a1652-6f80-567c-af87-8de0deb1921d

bill no 48 of 2010 the appropriation (railways) no 3 bill, 2010 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2010-11 for the purposes of railwaysbe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the appropriation (railways) no 3 act, 20105 of 2010issue of rs 176216,49,39,000 out of the consolidated fund of india for the financial year 2010-112 from and out of the consolidated fund of india, there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate [inclusive of the sums specified in column 3 of the schedule to the appropriation (railways) vote on account act, 2010] to the sum of one lakh seventy-six thousand two hundred sixteen crores, forty-nine lakhs and thirty-nine thousand rupees towards defraying the several charges which will come in course of payment during the financial year 2010-11, in respect of the services relating to railways specified in column 2 of the scheduleappropriation3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said yearthe schedule(see sections 2 and 3)no of vote12 3 sums not exceedingservices and purposesvoted bycharged on theparliamentconsolidatedtotalfund rs rs rs1railway board 170,00,00,000 170,00,00,0002miscellaneous expenditure (general)600,00,00,000 600,00,00,0003general superintendence and services on railways 4203,68,55,0005,30,0004203,73,85,0004repairs and maintenance of permanent way and works 7156,50,99,00042,84,0007156,93,83,0005repairs and maintenance of motive power 3348,53,53,000 3348,53,53,0006repairs and maintenance of carriages and wagons 7525,21,59,0006,00,0007525,27,59,0007repairs and maintenance of plant and equipment 4063,04,53,0003,15,0004063,07,68,0008operating expenses—rolling stock and equipment 5604,50,52,000 5604,50,52,0009operating expenses—traffic 11512,66,93,00025,70,00011512,92,63,00010operating expenses—fuel 15778,12,15,000 15778,12,15,00011staff welfare and amenities 3315,54,87,000 3315,54,87,00012miscellaneous working expenses 3093,24,51,000118,21,27,0003211,45,78,00013provident fund, pension and other retirement benefits 14417,49,57,00064,50,00014418,14,07,00014appropriation to funds25283,09,00,000 25283,09,00,00015dividend to general revenues, repayment of loans takenfrom general revenues and amortisation of over- capitalisation 6608,46,00,000 6608,46,00,00016assets—acquisition, construction and replacement—revenue 59,80,00,00020,00,00060,00,00,000other expenditure capital46136,97,89,00046,50,00,00046183,47,89,000railway funds 15465,18,00,0008,02,00,00015473,20,00,000railway safety fund1698,40,00,0001,60,00,0001700,00,00,000total 176040,48,63,000176,00,76,000176216,49,39,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 116 thereof, to provide for the appropriation from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund of india and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government on railways, for the financial year 2010-11mamata banerjee ———— president's recommendation under article 117 of the constitution of india————[ copy of letter no 2010-b-401/1, dated 9 april, 2010 from kumari mamata banerjee, minister of railways to the secretary-general, lok sabha]the president, having been infromed of the subject matter of the proposed appropriation bill to authorize payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2010-11 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and consideration by lok sabha, of the appropriation bill lok sabha———— a billto authorise payment and appropriation of certain sums from and out of the consolidatedfund of india for the services of the financial year 2010-11 for the purposes of railways————

Parliament_bills

51dc1b94-1619-56af-840d-37c78a526f95

financial memorandumclause 5 of the bill provides that the appropriate government shall conduct census of child labour clause 6 provides for the rehabilitation of child labour found in census by the appropriate government the bill, if enacted, will involve expenditure from the consolidated fund of india to the tune of rupees one hundred crore per annum as recurring expenditure asum of rupees fifty crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 10 of the bill gives power to the appropriate government to make rules for carrying out the purpose of the bill the rules will relate to matters of detail only the delegation of legislative power is of a normal character

Parliament_bills

7d69cf02-f654-57c3-b6a9-d98c7a1ebf4a

!!!! n,:!' ' 7_of lt8z a the industrial disputes (amendment) bill 1982 a billfurther to amend the industrial lnpute act, 1947 be it enacted by parliament in the thirty-third year of the republic of ipdia as follows:-1 (1) this act may be called the industrial disputes (amendment) act, 1982 short uu am 5 (2) it shall come into force on such date 811 the central govarmnent may, by notification in the omcial gazette, appoint oommencemet z in section 2 of the industrial dill'pdes act, lsm7 (hereidafter !:,e:!i referred to as the principal act) ,-hctioia z 10 11011976 (a) in clause (/1), in sub-clause (i), for the portion begbmidg with the words "the industrial finadce corporation of india" and ending with the words and figures "the regional rural banks act, 1976", the following shall be substituted, namely:-of 19f8 11 at 19f8 m of 1&68 moflml 80 'a dock labour board established under section sa of the dock workers (regulation of employment) act, 1948, or the industrial finance corporation of india establihed udder section 3 of the inciuatrial finance corporation act, 1948, or the employees' state inaurance corporation established under section 3 of the employees' state insurance act, 1948, or the board ot trustees constituted under aection 3a of the coal mines provident l"'tmd and misee1laneou8 proviilcad aet, in, or the central board of truiteee ud the state uu of "l'n1iteei codiutute4 27 of 19g5 31 ot 1958 under section 5a and section 5b, respectively, of the employees' provident fund and miscellaneous provisions act, 1952, or the 19 ot 1952 "indian airlines" and "air india" corporations established under section 3 of the air corporations act, 1953, or the life insurance corporation of india established under section 3 of the life in-5 surance corporation act, 1956, or the oil and natural gas commission established under section 3 of the oil and natural 58 of 1962 gas commission act, 1959, or the deposit, insurance and credit 43 of 1959 guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act 1961, or the 10·47 ot 1961 central warehousing corporation establishled under section! 3 of the warehousin~ corporations act, 1962, or the agricultural refinance and development corporation established under section 3 of thp agricultural refinance 'and development corloot 1963 poration act 1963, or the unit trust of india established under 15 section 3 of the unit trust of india act 1963, or the food corpo-52 of 1983 ration of india established under section 3, or a board ~ management established for two or more contiguous states under section 16 of the food coroorations act, 1964, or the international _ 37 of 1964-airports authority of india constituted under section 3 of the 20 intemational airports authority of india act, 1971, or a regional q of 1971 rural ,bank established under section 3 of the regional r1ll'81 banks act, 1976, or the export c~t and guarantee corpora-21 of 19'78 tion ijmited or the industrial reconstruction corporation of sl5 india limited'; (b) after clause (e), the following clause shall be inserted, e1 - ,,, nam y:-, '(ee) "closure" means the pennanent closing down of a place of employment or part thereof;'; (c) for clause (j) the following clause shall be substituted, so namely: - ~, , '(j) "industryt' means any systematic activity carried on by co-operation between an employer and hir workmen (whether such workmen are employed by such employer directly or by or through any agency, includin~ a contractor) for the production, 35 supply or distriqution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,-(i) any capital has been invested for the purpose of carrying on such activity; or 40 (ii) such activity is carried on with a motive to make any gain or profit, and includes-(a) any activity of the dock labour board estabushed under section 5a of the dock workers (regulation of em- 45 ployment) act, 1948; 90t ih1 (b) any activity,being a profession practised by any indtvidual or body of" tndlvi8uals; (c) any activity ,relating to tle promotion of sal or business or both carried on by an establishment, but does not include-5 (1) any agricultural operation except wherf' such agricultural operation is carried on in an integrali!d manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant onej or (2) hospitals or dispensaries; or 10 (3) educational, scientific, research ol' training institutions; or (4) institutions owned or managed by organisations wholly or substantially eng~ged in any charitable, locial or philanthropic service; or (5) khadi or village industries; or 15 (6) any activity of the government relatable to the sovereign functions of the government including all the activities carried on by the departments of the central government dealing with defence research, atomic energy and space; 20 (7) any activity which is carried on by a co-operative society, being a co-operative society in which not less than ten pensons are employedj'; (d) after clause (k), the following clause shall be inserted, 25 namely:-'(ka) "industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried , , on: so provided that where several activities are carried on i'n an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,-35 (a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertakingj 45 (b) if the predominant activity or each of the predominant activities carried on in such establishment or under· taking or any unit thereof is an industry and the other activity or each of the otheractivitiee carried on in such establishment or undertaking or unit thereof is not severable from, alld is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire eetablishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establth· ment or undertakingj', (e) clause (kka) shall be reletteredu clauee (jekb) and before the c1auje as 80 relettered, the fellowing elausemill be inserted, namely:-- (kka) "khadi" bu the meaning assigned to it in clause (d) of section 2 of the khadi bdd villap industries commission act, 5 1958;'; 81 0111h (f) in clause (kkk),· fer the words "or for any other reason", the words "or natural calamity or for any other conneeted reason" shall be substituted; (g) in clause (1), for the words "closing of a place of employ- 10 ment", the words "temporary closing of a place of employment" shall be substituted; (h) after clause (q), the followin& clause shall be inserted, dludely:-, (qq) "trade union" meads a trade union registered under j 5 the trade unions act, 1926;'; 16 of 1926 (i) after clause (r), the following clauses shall be inserted, oamely:-'(ta) "unfair labour practice" means any of the practices speci1led in the fifth schedule; !20 (rb) "village industries" has the meaning assigned to it in clause (h) of section 2 of the khadi and village industries commission act, 1956;'; 81 of 1_ (j) in clause (rr) i after sub-clause (iii), \he following subclause shall be inserted, namely:-!25 (iv) my eommjpion payable on the promotion ot sales or business or both;"; (c) for clawe () the following clause shall be substituted, aamely:-'(,) "workman" means any person (including an apprentice) 30 employed in any industry to do any manual, 1)nskwed, akiued, techdical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been 35 djsmissed, di1icharged or retrenched in conneetion with, or as a consequence of, that dispute, or whose dismissal, discharge or retredclunent has led to that dispute, but does not include any such person-(f) who is subject to the air force act, 1950, or the 40 45011810 army act, 1950, or the navy act, 195'1; or 48 of 1_ 8201185' (ii) who is employed in the police lervice or as an oftlcer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or 45 (i\) who, being employed in a supervisory capacity, draws wages exceedin~ one $ho1uanc:l1ix hundred rupe_ per mensem or exercises, either by the nature of the dutl attached to the office or by reason of the powers vested ia him, functiod8 mainly of a managerial nature' 3 in section 7 of the principal act, in sub-section (3), clause (c) shall amendment of be omitted section 7 5 ~ in section 7 a of the principal act,-amendment of section 7a (4) in sub-section (1), after the words "the third schedule", the words "and for performing such other functions as may be assigned to them under this act" shall be inserted; (b) in !'iub-~ection (3) ,-(i) in clause (00), the word "or" at the end shall be omitted; 10 (ii) clause (b) shall be omitted amendmentof section 'lb 5 in section 7b of the principal act, in sub-section (3), for the portion beginning with the word "unless" and ending' with the words "not less than two years", the words "unless he is, or has been, a judge of a high 15 court" shall be substituted g in the proviso to section 9a of the princ:pal act, clause (4) shall be omitted amendmentof aection9a 7 after section 9b of the principal act, the followin& chapter shall insertion be inserted, namely:-' of new chapter iib 20 "chapter ob reference of certain individual dispt7tli:s to giuevancb sb'1"1'ld4ent atmior1'1'ii'b9c (1) the employer in relation to every industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, shall set up, in accordance with the rules made in that behalf under this act, a grievance settlement authority 'for the settlement of industrial disputes connected with an individual workman employed in the establishment 30setting up of 'grie-vance settlement authori ties and reference of certain lndivi· dual disputes to luc:b authorities (2) where an industrial dispute connected with an individual workman arises in an establishment referred to in sub~tion (1), - workman or any trade union of workmen of which such workman is a member, refer, in such manner as may be prelcribed such dispute to the grievanoe settlement authority set up by the employer under that sub-section for settlement, 35 (3) the grievance settlement authority referred to in subsection (1) shall follow such procedure and complete its proceedings within such period as may be prescribed (4) no reference shall be made under chapter oi with respect to any dispute ref~rred to 1n this section unless sucn dispute has been referred to the grievance settlement authority concerned and the decision of the grievance settlement authority is not acceptable to any of the parties to the dispute", 8 in section 10 of the principal ad,-(4) in sub-section (1), after the second proviso, the following proviso shall be inserted, namely:-amendmento! section 10 "provided also that where the dispute in relation to which the central cklvernment is the appropriate government, it shall 5 be competent for that government to refer the dispute to a labour court or an industrial tribunal, 'as the case may be, constituted by the state government: "; (b) after bub-section (2), the following sub-section shall be inserted, namely: -10 (2a) an order referring an industrial dispute to a labour court, tribunal or national tribunal under this section shall specify the period within which such labour court, tribunal or national tribunal shall submit its award on such dispute too the appropriate government: 15 o provided that where such industrial dispute is connected with an individual workman, no such period shall exceed three months: provided further that where 'the parties to an industrial dispute apply in the prescribed manner, whether jointly or !<to separately, to the labour court, tribunal or national tribunal for extension of such period or for any other reason, and the presiding officer of such labour court, tribunal or national trlbudij considen it necessary or expedient to extend such period, he may for reasons to ,be recorded in writing, extend such period by such ~5 further period as he may think fit: provided also that in computing any period specified in this sub-section, the period, if any, for which the proceeding,; before the labour court, tribunal or national tribunal had been stayed by any injunction or order of a civil <:ourt shall be excluded;, go provided also that no proceedings before a labour court, tribunal or national tribunal shall lapse merely on the ground that any period specified under this sub-section had expired without such proceedings being completed"; <c) after sub-section (7), the following sub-section shall be insert- 35 ed, namely:-"(8) no proceedings pending before a labour court, tribunal or national tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such labour court, tribudal or 0 national tribunal shall complete such proceedings and submit its award to the appropriate government" 9 in section 11 of the principal act,-o (a) in sub-section (4),-amendmentol aecuon 11 0 (i) for the words "may call for", the words "may enforce the attendance of any person for the purpose of examination of such 45 person or call for" shall be subat\tutedf (ii) for the words "in respect of compelling the production of documents", the words "in respect of enforcing the attendance of any person and examining him or of compelling the production of documents" shall be substituted; 5 5 ot 1898 20t 1974 (b) in sub-section (8), for the words and figures "sections 480, 482 and 484 of the code of criminal procedure, 1898", the words and figures "sections 345, 346 and 348 of the code of criminal procedure, 1973" shall be substituted 10 in section 15 of the principal act, for the words "as soon as it is amendmentof section lis 10 practicable on the conclusion thereof", the words, brackets, figures and letter "within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to subsection (2a) of section 10" shall be substituted 11 after section 17a of the principal act, the following section shall 15 be inserted, namely:-20 iilier tlonof newhction 17b payment ottuu wag to workmad pendin, pro· ceedinp in higher co\jl"llzt "17b where 'in ''sny case, a labour court, tribunal or national tribunal ~y its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a high court or the 'supreme court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the 'high court or the suprem~ court, full wages last drawn by him, inclusive of any maij?tenance allowance admissible to him under any rule if the workman had not been employed in any establishment dunng such period and an affidavit by such workman had been flied to that effect in such court: provided th'at when' it is proved to the satisfaction of the hillh court or the supreme court that such worlanan had been employed and had been receivinll adequate remuneration during anv such pprlod or part thereof the court shall order that no wages shall be pav'able under this section for such period or part, as the case may be" go :12 in section 25k of the principal act, in ~uh-section (1) 'for the words "three hundred" the words "one hundred" shall be substituted amend mento! section 25k 13 in section 25m of the principal act,-amend-mento! s!dion 25m 35 (a) in sub-section (1), after the words clor,to natural calamity", the words " and in the case of a mine, such lay-of! is due also to fire, flood,' excess of inflammable gas or explosion" shan be inserted; (b) after sub-section (2), the following sub-section shall be inserted, namely:-, (2a) where the workmen (other than badli workmen or casual worlanen) of an industrial establishment being a mine have 40 been laid-ofl' under sub-section (1) for reasons of flre, flood or excess of inflammable gas or explosion, the employer in relation to such establishment shall, within a period of thirty days from the date of commencement of such lay-01f, apply to the 'authority 45 speeifted under sub-section (1) for permission to continue the lay-off"; (c) in sub-eections (3), (4) and (s), after the wordl, bracket and flgure "under sub-section (2) ", the words, brackets, figure and letter clor sub-section (2a)" shall be inserted 14 for section 25-0 of the principal act, the following 8ection shall be substituted, namely:-substitu· tiollof new section for sec· tion 25·0 procedure for cl08ina dowdb undertaking "2f)q (1) an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days befor~ the date on which the intended closure is to become effective, to the appropriate government, stating clearly the 10 reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on therepresen· tatives of the worktnen in the prescribed manner: provided that nothin~ in this sub·section shall al'ply to an under· takinlit set up for the construction of buildings, bridges, roads, canals 15 dams ot' for other construction work (2) where an application for permission has been made under sub-section (1) the rppropriate government after making such encmirv as it thinks fit and after mvin!! a reasonable opportunitv of heine: heard to the f'mplovpr the workmen and the person!l interested ao in such closure tnav havinl:!' re~ard to the ~enuinene9s and adequacy of the rer!'ionc:: strted bv the pmnlover the interests of the ll!eneral nublic rnd :111 other relevant 'factors, bv order and for reasons to be recorded in wrl tin i! , izt'rtlt or refuse to rrant such permission and ii conv of such order shall be communicated to the em~oyer and 25 the workmen (3) where rtl rnn1if'stion hl't"l been made under sub-sectlon (1) and the bnpron"iatp government doe<: not communicate the order s!l'8ntinl7 o~ refllsino;!' to il'l"ant ~rmission to the emnlover within a period of sixtv davs from the date on which such anplication is made, go the permission anplle(l fot' shall be deemed to have been granted on the expiration of the said period of sixty days (4) an order of the apnropriate government grantin~ or refusing to jli'8nt permis'1ion shan, subieet to the provisions of sub-eection (5) be final and bindin~ on all the parties and shall remain in force for 35 one year from the date of such order (s) the appropriate government may either on its -own motion or on the application made by the employer or any workman review its order rranting or refusinll to grant permission under sub-seetion (2) or refer the matter to a tribunal for adjudication: 40 provided that where a reference has been made to a tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference (6) where no application ~ ~isston under sub-eeetion' (1)' 11 made within the period speclfted therein, or where the pennisiion for 5 elosure has been refused, the closure of i the undertaking shall be deemed to be illegal from the date o~ closure and the workmen shall be entitled to '811 the benefits under any law for the time being' in force as if the undertaking had not been closed down 5 10 (r) notwithstanding anything contained in the foregoing provisions of this section, the app·ropriate government may, if it is satisfied that owing to such exceptional circumstances as i accident iri the undertaking or de'8th of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-~ection (1) shall not apply in relation to such undertaking for such period as may be specified in the order 15 (8) where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed '0 be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for i permission under this section, sh'811 be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous' service or any part· thereof in excess of six months" 15 in section 25r of the principal act,-20 amendment of section 25r 25 (a) in sub-section (2), for the words, brackets, figures and letters "a direction given under sub-section (2) of section 25-0 or section 25p", the words, brackets, figures and letters "an order refusing to grant permission to close down 'an undertaking under sub-section (2) of section 25-0 or a direction given under section 230p" shall be substituted; (b) sub-section (3) shall be omitted 16 after chapter vb of the principal act, the following chapter shall be inserted, namely:-inaertion olnew chapter vc go "chapi'er vc unfair labour practices 18af 19u25t no employer or workman or a trade union, whether registered under the trade unions act, 1926, or not, shall commit any unfair labour practice 35 25u any person who commits any unflair labour practice shall be punishable wjth imprisonment for a term which may extend to six months or with fine which may extend ito one thousand rupees or with both" prohibltionof unfair labour practice penalty for comroitttna unfair labour practices 17 in section 33 of the principal act, in sub-section (5) ,-40 amendmento! section 33, (a) for the words "as expeditiously as possible", the words "wit1:&in a period of three months from the date of receipt of, such application" sh'all be substituted; (b) the following provisos shall be inserted, namely:-"provided that where any such authority considers it necee-45 sary or expedient so to do, it may, for reasons to be recorded m writing, extend such period by such further period as it may think fit: provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being com-5 pletea" 18 in section 33a of the principal act,-amendmentof section iia: (a) for the words "before a labour court, tribunal or natioxiai tribunal", the words "before a conciliation officer, board, an arbitrator, a labour court, tribunal or national tribunal" shall he substi- 10 tuted; (b) for the portion beginn:ijlg with the words "in the prescribed manner to such labour court" and ending with the words "apply accordingly", the following shall be substituted, namely:-"in the prescribed manner,-(a) to such conciliation officer or board, and the conciliation officer or board shall take such complaint into acoount in mediating in, and promoting the settlement of, such industrial disp'ute; and (b) to such arbitrator, labour court, tribunal or 20 national tribunal and on receipt of such· complaint the arbitrator, labour court, tribunal or national tribunal, as the case may be, shall adjudicate upon' the complaint as if it were a dispute referred to c1r pending before it, jn accordance with the provisions of this act and shall submit his or 25 its award to the appropriate government and the provisions of this act shall apply accordingly" it in section 33c of the principal act, in sub-section (2),-:-(go) after the words "the appropriate 'government", the 'woi"d8 "within a period not exceeding three months" shall be inserted; 30 (b) the following proviso shall be 'added at the end, namely: - "provided that where the presiding ofticer of a labour court considers it necessary or expedient so to do, he may, for l'ebsolul to be recorded in writing, extend such per~od by such further period as he may think fit" s5 20 in sub-section (2) of section 34 of 'the principal act, for the words "8 presidency magil$'ate or a magistrate of the first class", the words "8 metropolitan magistrate or a judicial ' magistrate of thefll'lt' class" shall be substituted , 21' after section 36a of the principal act, the following sectlor shbll 40 ,be inserted, namely:-insertlod of new ec1tod 88 b power to ezempt 1'368 where the appropriate government is satiafted iu relation to any industrial establishment or undertaking or any class of industrial establishment~ or undertakings under the control of that government that adequate pr6vitiorls exist for the investigation and 45 settlement of industrial disputes in respect of workmen employed in such establishment or' undertakng or class of establishments or undertakings, it may, by notification in the official gazette, exempt, conditionally or unconditionally such establishment or undertaking 5 or class of establish!jlents or undertakings from all or any of the pro-visions of this act" - 2z in sub-section (2) of section 38 of the principal act, after clause '(aaa) , the 'following clause shall be inserted, namely:-amendmentof section 88 10 "(ab) the constitutio'n of grievance settlement authorities ,referred to iil section 9c, the mllnner in 'which industrial disputes may be referred to such authorities for settlement, the procedure to be followed by such authorities in the proceedings in relation to dsputes referred to them and the period within which such proceedings shall be completed;" 15 is after the fourth schedule to the principal act, the following schedule shall be inserted, namely:- 'the fifth scheduleiili, uon of new fifth schedule • [see section 2 (ta)] unfair labour practiceslio i-on the patt 0'1 emplo'yer<: and trade union<: of employers 1 to interfere with, restrain from, or coerce, workmen in the exercise of their right to organise form, join or assist a trade union or to engage in concerted activities fur the purposes of collective bargaining or other mutual aid or protection, that is to say-25 (a) threatening workmen with discharge or dismjssal, if they join a trade union; (b) threafeninga lock-out or closure, if a trade union is organised; (c) granting wage increase to wor-kmen at crucial periods of 30 trade union organisation, with a view to undermining the efforts of the trade union at organisation 2 to dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is to say:-(a) an employer taking an active interest in organising a 35 trade union of his workmen; and (b) an employer showing partiality or granting favour to one of several trade unions attempting to or:ganise his workmen or to its members, where such a trade union is not a recognised trade union 3 to establish employer sponsored trade wuons of wdl'kmen 40 4 to encourage or discourage membership in any trade union by discriminating against any workman, that is to say:-(a) discharging or punishing a workman, because he urged p~~r workmen to join or organise a trade union; (b) discharging or dismissing a workman for taking part in any strike (not being 'a strike which is deemed to be an illegal strike under tais act); (e) changing seniority rating of workmen because of trade 5 union activities; (d) refusing to promote workmen to higher posts on account of their trade union activities; (e) giving unmerited promotions to certain workmen with a view to creating discord amongst other worlonen, or to undermine the strength of their trade union; 10 (f) discharging office-bearers or active members of the trade union on account of their trade union activities 5 to discharge or dismiss workmen-(a) by way of victimisation; (b) not in good faith, but in the colourable exercise of the 15 employer's rights; (e) by falsely implicating a workman in a criminal case on false evidence or on concocted evidence; (d) for patently false reasons; (e) on untrue or trumped up allegations of absence without to leave; (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry' or with undue haste; (g) for misconduct of a mipor or technical character, without having any regard to the nature pf the particular misconduct or 25 the past record or service of the workman, thereby leading to a disproportion'ate punishment 6 to abolish the work of a regular nature being done by workmen, 'and to give such iwork to contractors as a measure of breaking - strike 30 7 to transfer a workman mala fide from one place to another, under the guise of following management policy 8 to insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a pre-condition to allowing them to resume work 35 9 to show favouritism or partiality to one set of workers regardless of merit 10 to employ workmen as "badlis", ~suals or temporaries and to continue them as such fur years, with the object of depriving them of tb, ,tatus and privileges of }>eri¥l'l'elti worlanen <to 11 to discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute 12 to recruit workmen during a strike which is not an illegal strike " 5 13 failure to implement award, settlement or agreement 14 to indulge in acts of force or violence - 15 to refuse to bargain collectively, in good faith with the recognised trade unions 10 16 proposing or continuing a lock-out deemed to be illegal under this act' ii-on the part of workmen and trade unions of workmen 15 1 to advise or actively support or instigate any strike deemed to be illegal under this act 2 to coerce workmen in the exercise of their right to sejf-organisation or to join a trade union or refrain from joining any trade union that is to sa1-(a) for a trade union or its members to picketing in such a manner that non-striking workmen are physically debarred from entering the work places; 20 (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against nonstriking workmen or against managerial staff 3 for 'a'recognised union to refuse to bargain collectively in good 25 faith with the employer 4 to indulge in coercive activities against certification of a bargaining representative 30 5 to stage, encourage or instigate such fol'tlls of coercive actions as wilful "go slow", squatting on the work premises after working hours or "gherao" of any of the members of the managertal or other staff 6 to stage demonstrations at the residences of the employers or tile managerial staff members 7 to incite or indulge in wilful dama,e to employer's property 35 connected with the industry 8 to indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work' %4 in section 6 of the sales promotion employees (conditions of ,0 ~e~vice) act, iv76, sub-section (z) shall be omitted amendmentol ad 11 of 19'78 the industrial disputes act, 1947, provides the machinery and pro cedure for the investigation and settlement of industrial disputes the provisions of the, act had been 'amended from time to time in the light of experience gained in its actual working, case laws and industrial ,relations policy of the governme'nt the national commission on labour (1969) which made an in-depth study of the industrial relations and procedures had identified a number of ai"e'as in which the act needed to be amended to promote industrial harmony the recommendations of the national commission on labour were discussed at various forums 2 the objectives of the bill are mainly to ensure speedier resolution of industrial d:isputes by removing procedural delays and to make certa~n other amendments in the light of some of the recommendations of the national commission on labour the bill seeks to make the following amendments in the act, namely:~, (i) difficulties have ar:isen in the interpretation of the definition of the expression "appropriate government" as contained in the act in respect of certain industrial establishments it is proposed to remove these difficulties by making the central government the appropriate government in respect of those establishments (ii) the supreme court in its decision in the bangalore water supply and sewerage board vs rajappa and others (air 1978 sc 548) had, while interpreting the definition of "industry" as contained in the act, observed that government might restructure this definition by suitable legislative measure!': it is accordingly proposed to redefine the term "industry" while doing so, it is proposed"to exclude from the scope of this exprer;sion, certain institutions like hospitals and dispensaries, educational, scientific, research or training institutes, institutions !,!ngaged in charitable, social and philanthropic services, etc, in view of the need to maintain in s,uch institutions an atmolllphere difterent from that in industrial and commercial undertakings and to meet the spedal needs of such 'organisatio'ns it is also proposed to exclude sovereign functions of government including activities relating to atomic energy, space and defence research from the purview of the term "industry" however,keeping in view the special characteristics of thr~!':e activities and the fact that their worlanen also need protection, j t is' proposed to have a separate law for the settlement of individual grievances as well as collective disputes in respect 'of the workmen of these instit~tions all these have been taken into account and the term "industry" has been made more specific while making the coverage wider the scope of the )term "workman" has ah;o been enlarged to cov~r the supervisory ~taff whose wages do not exceed rs 1,600 per month; (iii) a model grievances redressal procedure had b~ncom­j2\ended for adoption but this voluntary arrangement has not proved' effective it is, therefore, proposed to make it obligatory for every industrial establish:nent employing 100 or'more workmen to let up a time-bound grievance redressaprpcedure , (iv) there has been dissatisf'action with delays involved in the adjudication of industrial dispute<; it is proposed to fix a time limit for the adjudication of individual and collective disputes, as also for the disposal of claims, applications and other references by the labour court,' the industrial tribunal or the national industrial tribunal with a view to securing speedier 'justice to workmen:' it has 'also been provided that no' case will lapse merely on account of the flct that the time limits specified had expir~d (v) there have been conflicting ,decisions about the right of e" leg~l heirs of a workman in the event of the deatp of the latter pending proceedings before the authorities under the act provision is being made to make it clear that pending disputes will not abate in the event o'f the death of the workman (vi) it is observed that when labour coutts pass awards of reinstatement, these 'are often contested by an employer in the supreme court and high courts, the delay in the implementation of the award causes hardship to the workmen concerned' it is, therefore, proposed to provide for payment of wages last drawn by the workmen' concerned, under certain conditions, from the date of the award till the case is finally decided in the supreme court or the high courts (vii) it is proposed to provide that workmen in mines could be laid-oft' for reasons of fire, flood, excess of inflammable gas or explosion without previous permission (viii) taking into consideration the observations of the supreme court in the excel wear case (air 1979 sc 25), it is proposed to recast the provisions relating to closure of industrial establishments as contained in the act to provide for the following, namely:-(a) the employer will have to apply to government to obta!ln permission f~r closure ninety days before the intended date of closure and a copy of such application will have to be served by him on the representatives of the workmen also; (b) on receipt of such application, government, after giving a reasonable opportunity of being heard to the applicant and the representatives of the workmen, and after taking into consideration the guidelines laid down in the provision, may grant or refuse to grant the permission asked for permission shall be deemed to have been granted if no order of the government granting or refusing to grant permission is communicated within the specified period; l~'i (c) the order of the government granting or refusing to grant permission is ~ing made final subject to a review by ~ government or a reference to the industrial tribunal; (d) where an undertaking is permitted to be closed down, thl:! workmen shall be entitled to closure compensation equivalent to fifteen days' average pay for every completed year of continuous service or part thereof in excess of six months (ix) the special provisions relating tolay-off, retrencjunat and closure as contained in chapter vb of the act apply at present to establishments employing 300 workmen or above with a view to extending this statutory protection to workmen of smaller eltab· "" lilhments also, it is proposed to reduce the existing employment limit trom 300 to 100 (x) there is at present no central law specifying unfair labour practices on the part of employers, workmen and the trade unions of employers and workmen and for imposing any penalty for resort-ing to such undesirable practices certain state laws as well as voluntary codel of discipline laid down by the indian labour conference specify certain practices as unfair labour practices the national commission on labour which examined this aspect in detail suggested a list of such unfair practices it is proposed to make suitable provision in the act to specify certain practices as unfair labour practices on, the part of employers, workmen and trade unions and to provide for penalties for those indulging in such practices 3 the bill seeks to achieve the above objects and to provide for certain other consequential and clarificatory changes in the act new dblhi; bhagwat jha azad the 27th march, 1982 clause 7 of the bill, which seeks to insert a n~ chapter iib in the industrial disputes act, 1947, provides for the reference of certain individual disputes to grievance settlement authorities the newsectiod 9c included in this chapter provides for the setting up of a grievance settlement authority by the employer of an establishment empljyij1g one hundred or more workmen for the adjudication of individual disputes arising in such establishment such authority slrall be set up in accordance with the rules to be made under the act the manner in which individual disputes may be referred to such authorities, the procedure to be followed by such authorities in proceedings in relation to disputes referred to them and the period within which such proceedings may be completed will be provided for by rules made under the act 2 clause 14 of the bill proposes to substitute a nejw section for the existing section 25-0 in the act sub-section (1) of new section 25-0 requires the employer, who intends to close down the undertaking of an industrial establishment, to apply for prior permission to the appropriate government and a copy of such application shall also be served simultaneously on the representatives of the workmen in the manner prescribed by rules 3, clause 21 of the bill seeks to insert a new section 36-b in the act which empowers the appropriate government to exempt, by nottftcation in the oftlclal gazette, any industrial establilhment of undertajdnl or class of industrial establishments· or undertakings from all or any of the' provisions of the act, if it is satisfied that adequate provisions exfst for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings 4 the matters in respect of which rules may be made of notifications may be issued under the above provisions are matters of detail or pr0-cedure the delegation of legislative power is thus nonnal in ebaraeta' annexuiut !xtracts from the industrial disputes act, 194't(14 of 1947) - - - - - ! in this act, unless there is anything repugnant in the su~iect or "eontcxt,-(a) "appropriate government" means-"\ (i) in telation to any industrial dispute coneern1ng any industry carried on by or under the authority of the central government, or by -a railway company or concernlng any' such controlled industry "as may be specified in this behalf by the centr81 government or in relation to an industrial dispute concerning the i industrial finance corporation of india established under section 3 of the industrial finance corporation act, 1948, 15 of 1~8 or the employees' state insurance corporation established under section 3 of the employees' state insurance act, 1948, or the 34 of llk1 "indian airlines" and "air-india" corporations established under mction 3 of the air corporations act, 1953, or the life insurance 27 of 1953 corporation of india established under section 3 of the life insurance corporation act, 1956, or the agricultural refinance 31 of 1~ corporation established under section 3 of the agricultural refinance corporation act, 1963, or the deposit insurance corpo-10 of 1983 ration established under section 3 of the deposit insurance corporation act, 1961, or the unit trust of india established under 47 of 1981 section 3 of the unit trust of india act, 1963, or the food cor-52 of 1983 poration of india estab1ished under section ,3, or a board of mamagement established for two or more contiguous states under section 16, of the food corporations act, 1964, or the banking 37 of 1984 service commission established under section 3 of the banking service colnmission act, 1975, or a regional rural bank 42 of 1975," " estbbl1shedundet section 3 of the regional rural banks act, 1976, or a banking or an insurance company, a mine, an oilfield, 21 ofj978 a cantonment board, or a major port, the central government, and - - - - (j) "industry" means any business, trade, undertaking, manufacture or cauing of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; - - - - - (kkk) "lay~ff" (with its grammatical variations and cognate expressio~) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or t~e" break-down of machinery or for any other reason to give employment to a workman whose name is -borne on the muster rolls of his indulitrial establishment and who has not been retrenched _ explcmation-every workman whose name is i'bome on the muster rolls of the industrial establishment and who presents himself tor work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employ ment by the employer within two hours of hi$ so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause: ' provided that if the workman, instead of being given employ-11ent at t~e commencement of any shift for any day is asked to p1 sent himself for the purpose during the second half of the shift for t~ day and is given employment, then, he shall be deemed to havel oeen laid-off only for one-half of that day; , provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been " laid-o~ for the second half of the sljift for the day and shall be entitled to full basic wages and deamessauowance for that part of the day; ~j , , (l) "lock-out" means the closing of a place of employment, or the suspension of work, or the refusal by an employer to contidle to employ any number of persons employed by him; , , '" '" '" '" ' (rr) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fuifuled, be payable to a workinan in respect of his employment or of work done in such employment, and includes:- - - - (s) "workman" means any person (tncludii1g an' apprentice), employed in any industry to do any skilled or unskilled ma~ual,' supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an" industrial dispute, includes any such person who has been dismissed, ; discharged or retrenched in connection with, or as '8 consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the army act, 1950, or the air force '"act, 15150, or the navy (discipline) act, 1934; or a of 1150 ~oflnt - afofl'" (ii) who is employed in the police service, or as an oftlc~ or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capaeity; or , (iv) who, being employ~ in a supervisory capacity, draws waees exceeding five hundred rupees per mensem or exercimi, either by the nature of the duties attached to the otbce or dy reason of the powers vested in him, functions mainly ot a managerial nature diimiual, etc,ot individual worlaun to be deemed to be 1ft industrial dispute 2a where any employer discharge~, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or di1ference between that worlanan and his employer connected with, or arising out of, 8uch discharge, dimislil, rretredchment or termination shall be deemed to be an industrial, dispute notwithstanding that no other worlbum nor 8y union of workmen is a party to the dispute - - - - 1 (1) - - - - - labour courte (3) a person shall not be qualified for appointment as the presiding officer of a labour court, unless-' - - - - - (e) he:baa heid ~e ofti~' ~i ih~ ~ait or any other inem~,ot the ~ur ,,~a~ trib~ copstituted under the industrial df» ; putes (appella~ !tribudal) act, 1950, or of any tribunal, for a period of not less than two years; or - - - - - 1~ pt~e; ~propiate ,gov~ent 'ma'y'~ by notitleation in}he tribunal8 ?1bcl~ ,p~~ ,co~tu~ one or 'more in~usttia1 tribunals for the ad-judication of bidustrial disputes relating to any matter, whether specifted in the second schedule or the third schedule - ! : ~ - - - - (3) a person shall not be iqualified for appointment as the preaidin« oftlcer of a tribunal unless-(4) he is, or has been, a judge of a high court; or (~,~: h118, 'for apetiqd ~f not l~ss than three years, been a district judge, or an addition81 district judge; or (b) he has held the office of the chairman or any other member of the ,~l:joj:u'appe~te tribunal constituted under the industrial 48 of lho national tribunals dispu~~ (appellate tribunal) act, 1950, or of any tribunal, for a period of not less than two years - - - - - m (1) - - - - - (3), a person shall not be qualified for appointment as the presiding oftker 'of a national tribunal unless-, (a) he is, or has been, a judge of a high court; or ·r 1 tb) he,has held the office of the chairman or any other member of the labour" appellate tr,ibunal constituted under the indu,strial disputes (appellate tribunal) act, 1950, for a period of not less than ~8 of 1950 two years - - - - i" , noticeot ta no employer, who proposes to effect any change in·the conditions cbanle of servige" ~pp1n;~l;>le to ,any wor~ in respect of any matter specified in the fourth ~hedule, shall effect such change,-, , • , (a) witllout, giving to the workmen likely· to be afl'ected by such ,~qange ~not~ in the prescribed manner of the nature of the change proposed to be effected; or (b) wit~ twenty-one days of giving such notice: , ~ pro"idded that no notice shall be required for effecting any such ; dwtge-(a) where the change is effected in pursuance of any settlement, award or decision of the appellate tribunal constituted· under: the industrial disputes (appellate tribunal) act, 1950; or +8 ot 1950 - - - - - 10 j1) where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may, at any time, by order in writing,-reference otdisputes to boards, courte or tribunals (a) refer the dispute to a board for promoting a settlement thereof; or (b) refer any matter appearing to be connected with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with,' of relevant to, the dispute, if it relates to any ~tter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule to a tribunal for adjudication: provided that where the dispute relates to any matter specified in the third schedule and is not likely to aft'ect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropnate government shall,unless it considers that the notice has been frivolously or vexatiously giv:en or that it would be inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this act in respect ot the dispute may have commenced - 11 (1) - procedure and powerot conei11ation omeara, boarcli, couda and trlbunala , & of 1908 - • (4) a conciliation officer may call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award, or carrying out any other duty imposed on him under this act, and for the, aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, in respect of compelling the production of documents - 15 where an industrial dispute has been referred to a labour court, tribunal or national tribunal for adjuci1cation, it shall hold its proceedings expeditiously and shall, as soon as it is practicable on the conclusion thereof, submit its award to the appropriate government dut1elot tibour ~ tribunals and natiodal tribunals - - application ot chapter vb 25k(1) the provisions of this chapter shall apply to an industrial establ!ishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months - - - prohibition ot 1ay-o~ 25m (1) no workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment to which this chapter appues shall be laid-off by his employer except with the previous permission of such authority as may be specified by the appropriate government by notillcatjon in the official gazette, unleu such lay-01l' is due to shortage of power or to natural calamity - '" '" - - - (3) in the case of every application for permission under sub~section (1) or sub-section (2), the authority to whom the application has been made may, after making such inquiry as he ~ fit, grant or refuse, tor reasons to be recorded in writing, the permi,ssion applied for (4) where an application for 'permission has been made under subsection (1) or su1>section (2) and the authority to whom the application is made does not communicate the permission or the retusal to grant the permission to the employer within a period of two mol\ths from the date on which the application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of two months (5) where no application for pennission under sub-section (1) is made, or where no application for permission under sub-section (2) has been made within the period specified therein, or where the permission for the lay-off or the continuance of the lay-off has been refused, such lay-oft shall be deemed to be illegal from the date on which the workmen have been laid-off and the workmen shall be entitled to all the benefits under any law for the time being in force as if they had not been laid-off '" - - - ninety days' notice to be given 25-0 (1) an employer who intends to close down an undertaking o~ an industrial establishment to which this chapter applies shall serve, for previous approval at least ninety days before the date on which the mtended closure is to become effective, a notice, in the prescribed manner, on the appropriate government stating clearly the reasons for the intended closure of the undertaking:' ~f intentioi\ to close down any undertaking provided that nothing in this section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or tor other construction work - (2) on receipt of a notice under sub-section (1) the appropriate gov- ernment may, if it is satisfied that the reasons ,for the intended cloeure of the undertaking are not adequate andsufllcient or such closure is ,prejudicial to the public interest, by order, direct the employer not to close down such undertaking (3) where a notice has 'been served on the appropriate government by an employer under sub-section (1) ofsectmn 25ffa and the period ot notice has not expired at the commencement of the industrial diapuu (amendment) act, 1976, such employer shall not close down the under-u of 197 taking but shall, wi thin a period of fifteen days from such oomdlencement, apply to the appropriate government for permission to close down the undertaking j ~t (4) where an application for permission has been made under sub-, 'section (3) and the appropriate government does not' communicate the pennission or the refusal to grant the permission to the employer wit1:lin a period of two months from the date on 'vhich the applicatioh is made, the permission applied for shall· be deemed to have been granted on the expiration of the said period of two months (5) where no application for permission under sub-section (1) is made, or where no application for permission under sub-section (3) is made within the period specified therein or where the permission for closure has been· refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him, (6) notwithstanding anything contained in ilub-section (1) and subsection (3), the appropriate government may, if it is satisfied that owing· to such exceptional circumstances as accident in the undertakin~ or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) or sub-section (3) shall not apply !in relation to such undertaking for such period as may be specified in the order (7) where an undertaking is approved or permitted to be closed down under sub-section (1) or sub-section (4), every workman in the said undertaking who has been in continuous service for not less than one year in that undertaking immediately before the date of application for permission under this section shall be entitled to notice and compensation as specified in section 25n as if the said workman had been rectenched under that section 25r (1) penalty for closure (2) any employer, who contravenes a direction given under subsection (2) of section 25-0 or section 25p, shall be punishable with imprilonment for a tenn which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contraveption is ~ continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction (3) any employer who contravenes the provisions of sub-section (3) of section 25-0 shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both - - - - - 33 (1) - - - - - (5) where an employer makes an application to a conciliation officer, board, an arbitrator, a labour court, tribunal or national'tribunal under the proviso to sub-sectioll (2) for approval of the action taken by him, the authority concerned shall~ without delay, hear such application and pass, as expeditiously as possible, such order in relation thereto as it deems fit conditions of service, etc, to remain unchanged under certain circumstances during pendency of pro-,,'n 33a where an employer contravenes the provisions of section sa during the pendency of proceedings before a labour court; tribunal or national tribunal, any emp1oyee aggrieved by such contravention, may make a complaint in writing, in the prescribed manner to· such labour court, tribunal or national tribunal and on receipt of such complaint that labour court, tribunal or national tribunal shall adjudicate upon the complaint as if it were :a dispute referred to or pending before it, in accordance with the provisions of this act and shall submit its award to the appropriate government and the provisions of this act shall apply accordingly | ||--------|| || |special provialol1 for adjudication as to whether conditions ofaerv1ce, etc, cbanpd durlng pendency of pro~ ceedinp aac (1) recovery of money due from an employer , ~ (2) where any workman is entitled to receive from the ~mployer any money or any benefit which is capable of being computed in· tenns of money and if any question arises as to the aluountof money due or as to the amount at which such benefit sh~u1d be computed, then the question may, subject to any rules that may· be made under this act, b, decided by such labour court as may be specified in this behalf by the appropriate government - - - - 34 (1) - - - - cocni~ zadceof offences (2) no court inferior to that of '8 presidency magistrate ora magistrate of the flrstctass shall try any offence punishable under this act - - - - 38 (1) - - power to make :ruliel (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- - - (aaa) the appointment of assessors in proceedings under this actj - - extract from the sales promotion employees (conditions of sdmci:) act, 1976(11 of 1976) - - 6 (1) - - - •• 14 of 19-47 (2) the provisions of the industrial disputesact, 1947, as in force for the time" -being, shall apply to, or in relation to, sales promotion employees application - of certain acts to pies promotion em-ployees 11s they apply to, or ill relation to, workmen within the meaning oil that act and for the purposes of any proceeding under that aet lin relation to an industrial dispute, a sales promotion employee shall be deemed to, ~clude a sales promotion employee who has been dismissed, dikhargad or ~ trenched in connection with, or as a consequence of, that dispute or whose dismissal, discharge or retrenclunent had led to that dispute - - - ~ - - , ( billfurther to amend the industrial disputes act, 1947 (shri bhagwat jha azad, min~er of state of the ministry of labour)

Parliament_bills

aaeb4eba-a903-5beb-8272-8da5396afaf5

bill no z1 of 1188 the appropriation (vote on account) bill, 1989 & balto provide j01' the withdrawal of certain bums from and out of the consolidated fund oj india for tile services of a part of the financial year 1989-90 be it enacted by parliament in the fortieth year of the republic of india as follows:-1 this act may be called the appropriation (vote on account) act, 1989 short title 5 2 from and out of the consolidated fund of india there may be withdrawn sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of forty-one thousand seven hundred and fifty-one crores and twenty-eight lakh rupees towards defraying the several charges which will come in course of 10 payment during the financial year 1989-90 withdr-twal of rs 41151 28,00,000 lromand out of the consolidated fund of inctiafor tbeftnan-~7ear 1989-90 appropriation 3 the sums authorised to be withdrawn from and out of the consolidated fund by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year 4 references to ministries or departments in the schedule are to such ministries or departments as existing immediately before the 10th february, 1989 and shall on or after that date be construed as references to the appropriate ministries or departments as reconstituted from time to time c " • ;," ' ? \ i construetionof referenees to ministries and departments in the schedule 1 2 3 5 no swx not exceedfaa of : services aad 'purposes voted by i charaecl on the [ vote parliament i c::oohciatecl \ total ! puad ri lb 10 1 alrlcult ure revenue 70,79,00,000 70,";:00,000 capital 3,34,00,000 $o,8i,oo,ooo 54,1 ,00,000 2 otbor services of , department of i alriculture aad 15 otoperation revenue ~,71,oo,ooo i 56,~~qoooo capital ,88,00,000 ' 4,20,00,000 30, ,00,000 3 department of agricultural research add education revel1ue 38,50,00,000 38,50,00,000 20 4 department of rural i development " revenue um,97,oo,ooo 1072,97,00,000 capital 5,00,000 5,00,000 5 department of ferti-i lizers revenue 1015,94,00,000 i 1,00,000 , 1015,95,00,000 25 capital 41,75,00,000 i i 41,75,00,000 6 department of civil aviation revenue ' 00,000 i 1%,09,00,000 capital 3,11,00,000 3,11,00,000 7 department of toil-30 rflm revediio 8,15,00,000 ' 8,15,00,000 capital 3,01,00,000 : 3,01,00,000 8 department or com-i meree revenuo 292,88,00,000 292,88,00,000 capital 28,24,00,000 i 28,24,00,000 35 9 department of supply revenue 3,19,00,000 ";,00,000 i 3,84,00,000 10 ministryof communications revenue 1,08,00,000 ; j ,08,00,000 i 11 postal services " revenue 204,19,00,000 i 1,00,000 i 204,80,00,000 capital 8,o!,oo,ooo i i 8,03,00,000 40 12, tolcc:ommunlcl t ion s ~oooo i services revenue 529,53,00,000 5~58,oo,ooo capital 364,58,00,000 1,00,000 ; ,59,00,000 i 13 miain! ')f d!fenc:= revenue 121,61,00,000 1,00,000 : 111,68,00,000 capital 29,33;00,000 i,s1oo,ooo i 30,86,00,000 45 14 defence pensions revenuo 224,93,00,000 1,00,060 225,00,00,000 ~i,oo,ooo 1128,80,00,000 is defence services-army revenue 1128,59,00000 i "j | sums | not ||------------------------|--------------|| exceedfq | || no | || of | || services | || and | || pul'po!cl | voted || by | || i | || qar" | || oil | || the | || i | || v:i | __________ || ,_parl_iameft | __ || t_1 | || ~tldatod | || '1 | __ || 11_otaj_ | || s | || ri | || ri | || ra | || i | || 16 | || defcdoo | || scrvicei-navy ilevenuo | || 130,77,00,000 | || 2,00,000 | || , | j || 130,75,00,000 | || i | || i | || 312,26,00,000 | || i | || 2,00,000 | || 11 | || del'ejicc | || servioei | || -ah | || force | || ~ | || 312,28,00000 | || j | || | 23,3s,oo,ooo || 18 | || dote | || ord1iaace | || factories | || revenue | || 23,40,00,000 | || 10 | || 649,08,00,000 | || 2,1j,oo,ooo | || 19 | || capftal outlay | || on | || deteacc | || servicee | || capital | || 65123,00,000 | || 20 | || department | || of | coal || r~duo | || capital | || 24,15,00,000 | || 250,83,00,000 | || '24,15;00,000 | || j | || 15 | || 250,8',00,000 | || 21 | || department | || of | || power | rc\'eiluc || capital | || j | || ,61,00,000 | || 60,31,00,000 | || 332,87,00,000 | || 6031,00000 | || 336,48,00,000 | || 20 | || 22 | || department | || oc | || non- | || codveotiooal | || boeri)' | || sourees | revenue || capital | || 18,74,00,000 | || 55,00,000 | || 18,74,00,000 | || 55,00000 | || 23 | || ministry | || or | || environ | || ment | || ad | || porests | || re~nuc | || capital | || 35,11,00,000 | || 51,00,000 | || 1,00,00,000 | || 35,11,00,000 | || 1,51,00,000 | || 1,00,000 | || 2s | || 2a | || midhtry | || of | external || aft'aift | || revenuc | || capital | || 82,89,00,000 | || 10,73,00,000 | || i | || 82,90,00000 | || 10,73,00,000 | || 1,00,000 | || 2$ | || deplrtmedt | || of | || eco-- | || domic | || atrain | || revenue | || capital | || 66,66,00,000 | || 24,86,00,000 | || 66,67,00,000 | || 24,86,00,000 | || 30 | || 26 | || currency, coinaae | || ad | || stamps | || revenue | || capital | || 1,00,000 | || 1,00,000 | || 49,17,00,000 | || 30,86,00,000 | || 49,18,00,000 | || 30,87,00,000 | || 27 | || ~ts | || to financial | || stitutions | || revenue | || capital | || 49,34,00,000 | || 811,03,00,000 | || 49,34,00,000 | || 811,03,00,000 | || 35 | || 6),00,000 | || 88,74,00,000 | || 89,37,00,000 | || 2840,67,00,000 | || i | || 2840,67,00,000 | || 18 | \ || pensions | || revenue | || i | || es | || oed-·[nterest | || ptljm"t, | || reyenue | || 30 | || transfers | to || ,governments | || revenue | || capital | || 625,94,()o000 | || 17,so,oo,ooo | || \ | || 180041,00,000 | '\ || 2426,37,00,000 | || 40 | || x7f4,ss,00,ooo, | || 1762,05,00,000 | || 31 | || loans | || to | || govej1lolent | || servant, | || etc | || capital | || 30,17,00,000 | || i | || \ | 30,17,00,000 || chaacnn-reptj'nfetll | || (if | || deij' | - || capital | || 22352,26,00,000 | || 45 | || department | || of | || e~n· | || dlture | || revenue | || 33 | || ('apltal | || 134,30j~000 | || 33,7"w,000 | || 1313,00,000 | || 134,30,00,000 | || 42,00,000 | || i | || 37,48,00,000 | || 38,21,00,000 | 34 || audit | " || revenue | || 7f,00,000 | || 29,30,00,000 | || 51,00,000 | || 35 | \ || department of | || revenue | || revenue | || capital | || 29,30,00000 | || so | || 5j,00,000 | |services and purposes no of vote 5 --------1-------------1------voted by qupi oil tile parliament coaioildated pull - total, _----- ---~-- ~---'---ita ri ri 1,00,000 36 direct taxes revenue capltal 31, 16,00,000 '1ij,oo,oo,ooo 32,17,00,000 20,0000000 1,dc,ooo 10 37 tnttinct taxes 5 i ,43,00,000 2123,00,000 51,44,00,000 21,23,00,000 1,00,000 395,84,00,000 29,43,00,000 38 departmenl of food revenue capital 395,85,00,000 29,43,00,000 15 4,99,00,000 64,00,000 68,00,000 39 department of civil supplies , ,revenue capital 4,99,00,000 1,32,00,000 , 1,00,000 2,67,00,000 1,68,00,000 40 ministry of food processina industries revenue capital 2,67,00,000 1,69,00,000 20 41 department of health revenue capital 1,00,000 71,59,00,000 27,87,00,000 71,59,00,000 27,88,00,000 42 de~t of family welfare , revenue 122,81,00,000 26,00,000 capital 122,81,00,000 26,00,000 25 home 1,00,000 43 ministry of afi'ain 31,07,00,000 1,33,00,000 revenue capital , 31,08,00,000 1,33,00,000 350,00,000 revellue 3,50,00,000 44 i cabinet 45 police 206,82,00,000 24,28,00,000 $,00,000 2,00,00,000 rcvedue capital 30 206,87,00,000 i 26,28,00,000 46 other expenditure of the ministry oc 42,56,00,000 24,04,00,000 home afi'airi, revenue capital 1,00,000 2,07,00,000 35 i 42,57,00,000 i 2<,11,00,000 10,37,00,000 5,51,00,000 47 transfm to union territory governments revenue capital 110,37,00,000 5,51,00,000 40 48 department of education , - revenue 50,00,000 capital 253,68,00,000 13,00,000 2536800000 '63:00:000 49 department or youth affairs and sports revenue capital 15,92,00,000 32,00,000 15,92,00,000 32,00,000 45 111,79,00,000 3,42,00,000 18,79,00,000 3,42,00,000 50 art and culture rcvenue capital 51 department or women i and clild develop-, ment revenue capital 49,51,00,000 33,00,000 49,51,00,000 33,00,000 50 58,1600,000 45,92,00,000 66,00,000 58,00,000 52 department of industrial development revenue capital 57,50,00,000 45,34,00,000 1,33,00,000 1,00,000 1,33,00,000 1,00,000 53 ' department of com- revenue capital sums not uceodi no of vote servicci and purpd!es vo&od by pamameat charted on thc coasoud'ltcd fund i i , i i -ri ri ri 2,83,00,000 i 14,01 ,00,000 2,83,00,000 10 140100,000 ~totchemiq)a and petrochemicals re~ntjc capital 604,00,000 69,90,00,000 55 dcpartmcot of public enterprises rewaue capital 6,04,00,000 69,90,00,000 · · i i is 12,72,00,000 45,00,000 ministry of informatlon and broadcasting revenue capital 1,00,000 i ',00,000 2,00,000 i 1271,00,000 i 45,00,000 i 8',37,00,000 50,39,00,000 ' broadcasting services revenue capital s7 50,15,00,000 21,00,000 8',38,00,000 50,41,00,000 20 50,16,00,000 21,00,000 1,00,000 · 30,99,00,000 i 10,00,000 : 5c1 ministry of labour rewnue capital ; ministry of law and justice revenue 31,79,00,000 2s 17,00,000 ministry of parliamentary afi'ain rewnue 17,00000 i ministry of personnel, public grievances and ptmions rewaue capital i 1,00,000 : 78,00,000 i 6,87,00,000 54,00,000 6,88,~,ooo ] ,32, ,000 30 18,56,00,000 11,53,00,000 ministry of petroleum and natural oas revclluc capital 18,56,00,000 i 27,53,00,000 ' planning revenue capital 63 6,80,00,000 i 2,08,00,000 6,80,00,000 2,08,00,000 3s " ! 6,22,00,000 department of statistics revenue 6,22,00,000 ministry of pro,ramme implementation revenue i i i 14,00,000 40 38,30,00,000 5,26,00,000 66 department of scieace and technology revenue capital 14,00,000 ! i 38,30,00,000 ii 5,26,00,000 67 department of scientific and industrial research 37,64,00,000 4s 88,00,000 revcnue capital i 37,64,00,000 i 88,00,000 i 68 department of biotechnology 8,44,00,000 ",00,000 revenue capital 8,44,00,000 i 15,00,000 i 69 i department of stoel· 10,11,00,000 111,59,00,000 so revenue capital 10,11,00,000 i 101,19,00,000 i 1 ,80:00,000 i 70 i depprtmont of minos 26,23,00,000 10,54,00,000 1,00,000 26,22,00,000 i 10,54,00,000 ' revenue cllpital l' /_ _rt reveaue capital' 4,96,00,000 2413,00,000 ss 4,96,00,000 i 24,40,00,000 i , 33,00,000 -----no services add purpous sums dot excccdin of _______________ f vote voted by charaed on the 5 parliament consoudated total fund ri ri rs 72 roads revoaue 53,69,00,000 1,00,000 53,70,00,000 capital 173,64,00,000 9,67,00,000 183,31,00,000 10 13 ports, lighthouses and sbippios rcvcdljo 18,71,00,000 18,71,00,000 capital 76,55,00,000 1,67,00,000 78,22,00,000 74 ministry of textiles revenue 94,54,00,000 94,54,00,000 capital 51,88,00,000 1,:9,00,000 53,27,00,000 15 7s urban developjdont and houtiltl - revenue 16,25,00,000 49,00,000 16,74,00,000 capital 19,78,00,000 3,14,00,000 22,92,00,000 76 public works revenue 29,61,00,000 3,00,000 i 29,61,00,000 capital 21,27,00,000 2j ,30,00,000 20 tr stationery and printing revenue 13,01,00,000 1,00,000 13,02,00,000 capital 72,00,000 72,00,000 78 ministry of water resources revenue 54,51,00,000 1,00,000 54,52,00,000 capital 3,44,00,000 $,]2,00,000 i 8,76,00,000 25 79 ministry of welfare revenue 50,33,00,000 41;8,00,000 97,7j,oo,ooo capital 60,00,000 60,00,000 80 atomic ereriy reveouc 63,11,00,000 1,00,000 63,12,00,000 capital 96,34,00,000 96,34,00,009 81 nuclear power schemel revenue 70,70,00,000 70,70,00,000 30 capital 40,00,00,000 40,00,00,080 82 department of ~ tronics - revenue 12,76,00,000 1276,00,000 department of ocean capital 5,39,00,000 5,39,00,000 83 development revenue capital 4,82,00,000 4,82,00000 48,00,000 48,00,000 84 ! department of space 3s revenue 44,18,00,000 1,00,000 i 44,19,00,000 capital 43,93,00,000 1,00,000 43,94,00,000 85 lok sabha revenue 2,93,00,000 1,00,000 2,94,00,000 86 rajya sabha revenue 1,16,00,000 1,00,000 1,17,00,000 chajloed-" )" 40 staff, hat/aold tiiid ajiii~6 of 'm p,t$imn, - revcduc ~!j,ooooo 39,00,000 88 secretariat of the vico-pmjdoot revenuo 4,00,000 4,00,000 caajlojid-uiii,n publi t stmte 1,90,00,000 4s c"mmias;on revenue 1,90,00,000 901 delhi revenue 138,89,00,000 76,00,000 139,6500,000 capital 72,73,00,000 'th,oo,ooo 81,17,00,000 ~_i _____ l ___ _____ _ 3sums dot exceed ing no 1 of, vote, ser¥ioes aad purpo~cs i --i ri ri 91 addaman and nlcobar iidaads reyejwe 1,00,000 i capital 2056,00,000 10 1324,00,000 ~o:!~~ "' ==~ --:;:tal -- 5 , fund 1----1 rs i 20,55,00,000 t 13,24,00,000 ire9cduc olpital 4,22,00,000 : 4,2200,000 1,08,00,000 i 1,08,00,000 , 93 i latshadwcep reveaue capjtal 484,00,000 , 4,84,00,000 1 s 2,49,oofkij i 2,49,00,000 941 chandia:lrh revenue capital 2367,00,000 , sg,oo,ooo i 2426,00,000 644,00,000 j 60,00,000, 6,54,00,000 reyeouc capital i 24300000 " i 2,4300,000 17000000 i i 170,00000 95 : daman add diu i i i 1282106,00000 j 3b9~o~00000 141751,2800000 20 ------------------------------------ statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 116 thereof, to provide for the appropriation from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government, excluding railways, for a part of the financial year 1989-90 b k gadhvi president's recommendation under article 117 of the constitution of india[copy of letter no f 2 (274) -b (d) /88, dated the 14th march, 1900 from shri b k gadhvi, minister of state in the department of expenditure in the ministry of finance to the secretary-general, lok sabha] the president, having been informed of the subject-matter of the bill to provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1989-90, recommends the introduction and consideration of the bill in lok sabha under article 117(1) and (3) of the constitution of india re3d with article 116 (2) thereof a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 1989-90 " -'; ' (shri b k gadhvi, mini8te1' of state in the depa,rtment oj ezpenditure in the minilt'1l of pfn4nce)

Parliament_bills

d4fbb803-265b-5f4e-8895-06edcc85ba81

the appropriation (no3) bu!, 1'55- the appropriation (no3) bill; 19s5 (as introduc!d in lok sabra) a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the service of the financial year 1955-58 be it enacted by parliament in the sixth year of the republic of india as follows:-1 this act may be called the appropriation (no3) act, 1955 short tide - z from and out of the consolidated fund of india there may luue ofra s be paid and applied sums not exceeding those specified in column t69,84,oc» 3 of the schedule amounting in the aggregate to the sum of one ~:,~ crore sixty-nine lakhs and eighty-four thousand rupees towards = ~ defraying the several charges which will come in course of pay- the ")~a: ment during the· financial year 1955-56, in respect of the services 1955-56• 10 specified in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of appfopri- the consolidated fund of india by this act shall be appropriated for dod the services and purposes expressed in the schedule in relation to the said year - 2 1 3 suma not exceedin, s n o,of vote services and purposes vo~ by -par~edt chaqecion the total 'consolidated fund ri, ri rs 20,60,000 n external affairs 20,60,000 10 24 miscellaneous expenditure under the 1,60,000 ministry of external affairs ministry of finance 3,87,000 25 1,60,000 3,87,000 61 " 6",62000 107 4,$0,000 4,50,000 miscellaneous departments md expenditure under the miniitry of home atl'airs 6,62,000 ~ outla)' of the ministry of iiudcii'cc ie industry capital outlay on currency 1,32,63,000 " 1,32,63,000 lis 20 other capital outlay of the ministry ii9 of finance lpoe , 1,000 138 okher capital outlay 01 the ministry 1,000 of word, houaiq aod supply 1,000 , total 16534,000 4,50,000 1,69&4,000 statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged ,on the consolidated fund of indi~ and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 1955-56' c d deshmukh new delhi; the 8th september, 1955 i a bill to authorise payment and appropriation of cenain further sums from and out of the consolidsted fund of india for the service of the financial year 1955-56 the president has, in pursuance of clauses (1) and (3) of article 117 of the constitution of india, recommended to lok sabbs the introduction and consideration of the bill m n kaul, secretary (shri c d deshmukh, minister of finance)

Parliament_bills

af8f3ba2-6077-5114-8c90-b7a8c94ee8e6

bill no 271 of 2017 the management of religious institutions and places of worship bill, 2017 byshri shivaji adhalrao patil, mpa billto provide for management, operation and control of all aspects of religious institutions and places of worship, which are in direct or indirect control of state and for matters connected therewith or incidental theretobe it enacted by the parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the management of religious institutions and places ofworship act, 2017short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—5(a) "administrative control" means a religious institution or place of worshipshall be deemed to be under the administrative control of the appropriate government if the said government appoints or nominates or has the right to nominate/appoint one or more persons on the controlling body or management committee of the religious institution or place or worship;(b) "advisory board" means a board constituted under section 11; (c) "appropriate government" means in case of a state, the government thatstate and in all other cases, the central government;10(d) "financial control" means a religious institution or place of worship shall besaid to be under the financial control of the appropriate government if the said government instructs or directs or has the right to direct/instruct about the manner in which funds collected or earned by the religious institution or place of worship are to be spend;15(e) "financial year" means year from the 1st april of a year to 31st march of thesubsequent year;20(f) "management committee" in relation to a religious institution or place ofworship means any body or authority or committee, by whatever name called, having power to direct or control any or all of the operations of the religious institution or place of worship;(g) "place of worship" means any land or building which is considered sacredor holy by any community, sect or religion;(h) "prescribed" means prescribed by rules made under this act;25(i) "religious institution" includes any organization, association of persons,society, trust or board, which is either set up with the intention of carrying out religious activity/activities or is engaged in any religious activity;30(j) "service" a person shall be said to be in service of a religious institution orplace of worship if he or she has either been authorized by the managing committee or has been traditionally doing any type of work, either full-time or part-time, at or in relation to the religious institution or place of worship, irrespective of whether he orshe is receiving or not receiving any remuneration for the workexclusion3 nothing contained in this act shall apply to any religious institution or place ofworship, which is not under financial or administrative control of either a state government or the central government35funds to be separate4 any fund or donation or gift, either in cash or kind, collected or received by anyreligious institution or place of worship shall not be treated as part of the fund of any government or of any government institution or government society or government boardgovernment to be trustee405 in case of any religious institution or place of worship to which this act applies, theappropriate government's role shall only be of a trustee responsible for ensuring that the funds, properties, estates and all assets of the religious institution or place of worship are used strictly in accordance with the tenets, wishes and aspirations of the religion or sect or community to which the religious institution or place of worship belongspublication of accounts456 (1) the appropriate government shall publish or cause to be published, withinthree months of the conclusion of a financial year, full accounts showing details of income, expenditure, assets, liabilities, investments, sale of assets, and any other matter that is necessary to give a true and fair picture of the finances of the religious institution or place of worship under its administrative or financial control during the relevant financial year(2) if the income of a religious institution or place of worship exceeds rupees one lakhin any financial year, the accounts of the religious institution of place of worship shall be duly audited by a chartered accountant5(3) along with published accounts, it shall also be mandatory for the religiousinstitution or place of worship to give details in respect of any income or assets of such institution or place of worship are used for personal benefit of any person in such manner as may be prescribedpersons on managing committee107 no person shall be appointed or nominated to the managing committee of anyreligious institution or place of worship or of a group of religious institutions or places of worship, unless the person being appointed or nominated declares to have full faith and devotion to the religion, sect or the deity to which the religious institution(s) or place(s) of worship belongs158 no person shall be appointed in the service of any religious institution or place ofworship or of a group of religious institutions or places of worship, unless the person being appointed declares to have full faith and devotion to the religion, sect or the deity to which the religious institution(s) or place(s) of worship belongspersons inservice ofreligion institution or place of worship right to remove on violation of declaration209 (1) the managing committee of religious institution or place of worship or of agroup of religious institutions or places of worship shall have the right to remove any person from the managing committee or from service if it is proved to the satisfaction of the managing committee that the person concerned has acted in a manner that violates in any way whatsoever his/her declaration of full faith and devotion to the religion, sect or the deity to which the religious institution(s) or place(s) of worship belongs25(2) in case the person to be removed by the managing committee under sub-section(1) has been appointed by the appropriate government, the managing committee shall recommend to the government for removal of such person and on receipt of recommendation, the government shall within seven days of receipt of recommendation, remove the person(3) a person removed under sub-section (2) from the managing committee or the service of a religious institution or place of worship shall be ineligible for the appointment under the government30right to impose code of conduct10 (1) the managing committee of a religious institution or place of worship or of agroup of religious institutions or places or worship shall have the right to impose a code of conduct as well as a dress code for all members of the managing committee as well for allpersons in service of the religious institution(s) or place(s) of worship35(2) the managing committee of a religious institution or place of worship or of agroup of religious institutions or places of worship shall have the right to remove any person from the managing committee or from service if it is proved to the satisfaction of the managing committee that the person concerned has acted in a manner that violates in any way whatsoever the code of conduct or dress code imposed by the managing committee40(3) in case the person to be removed by the managing committee under sub-section(2) above, has been appointed by the appropriate government, the managing committee shall recommend to the government for removal of such person and on receipt of recommendation, the government shall, within seven days of receipt of recommendation, remove the person45(4) a person removed under sub-section (3) from the managing committee or theservice of a religious institution or place of worship shall be ineligible for reappointment under the governmentconstitution of advisory board11 the appropriate government shall, by notification in the official gazette, constitute an advisory board for deciding policies and rules in respect of management and activities of religious institutions or places of worship of any particular religion, sect, deity or communityexplanation—the appropriate government may constitute as many advisory boards as may be necesary for giving effects to the provision of this act12 (1) every advisory board shall have one chairperson, one general secretary and such number of members, as may be specified by the appropriate governmentmembers of advisory board5(2) the criterian for appointment as the chairperson, general secretary and membersof the advisory board shall be such as may be prescribed by the apropriate government from time to time10(3) in case an advisory board relates to religious institutions and places of worship or more than one sect, reasonable representation to all sects, to which the board relates, shall be provided(4) no government functionary or officer or employee shall be eligible for nomination as the chairperson, general secretary or member of any advisory board13 (1) the advisory board shall not be involved in day-to-day management or operations of any religious institution or place of worshipfunctions of advisory board15(2) the advisory board will only frame rules and policies, which shall be binding on all religious institutions and places of worship in the state of the particular religion, sect, deity or community for which the advisory board has been constituted20(3) the advisory board shall be responsible for supervision and control including audit of finances of managing committees of all religious institutions and places of worship in the state of the particular religion or sect or deity or community for which the advisory board is constituted 14 the salaries and allowances and terms and conditions of services of the chairperson, general secretary and other members shall be such as may be prescribed by the appropriate governmentsupervision and control of managing committees25irregularities by managing committee15 (1) in case the advisory board detects irregularities in the working of any managing committee of a religious institution or place of worship in the state of a particular religion or sect or deity or community for which the advisory board is constituted, the board shall issue a warning to the concerned managing committee30(2) if the advisory board is of the opinion that the irregularity is of serious nature or the managing committee has ignored the warning and has continued with the irregularity, the advisory board shall recommend to the appropriate government to either remove a particular person from concerned managing committee to reconstitute the managing committee35(3) the recommendation of the advisory board under this section shall be binding on the appropriate government and action shall be taken by that government within a reasonable time without any delay(4) the advisory board shall also have power to initiate legal proceedings against any person found guilty of irregularities under this section4016 the appropriate government shall not remove any person from the post of chairperson or general secretary or member of an advisory board or the managing committee, before the completion of his tenure, unless he:—(a) is proved to be of unsound mind;removal of managing committee of advisory board members(b) is convicted of a criminal offence and punished with imprisonment exceeding three months;45(c) is found to be indulging in terrorist or anti-national activities;(d) indulges in any act for which a recommendation has been received against him from the relevant advisory board or management committee under the provisions of this actpenalty17 (1) whoever violates of any provision of this act shall be punishable with imprisonment for a term which may extend upto three years and fine(2) a false declaration of one's faith or devotion shall be an offence punishable under sub-section (1)5(3) misuse of income or assets of a religious institution or place of worship as well asuse of any such income or asset without due authorization from managing committee shall be an offence punishable under sub-section (1)transitional provision1018 all bodies or committees or boards existing before the commencement of this actfor management and control of religious institutions and places of worship in every state shall be reconstituted to comply with the provisions of this act within a period of six months from the date of coming into force of this actsavings19 the provisions of this act shall have effects notwithstanding anything contrary contained in any other law for the time being in forcepower to make rules1520 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) in particular, and without prejudice to the generality of the forgoing powers such rules may provide for all or any of the following matters, namely,—(a) the rules relating to constitution of managing committee and advisoryboards;20(b) the salary and allowances, and other terms and conditions of the chairpersongeneral secretary and members of advisory boards;(c) the funds collected by the managing committee and the rule of the advisoryboards; and(d) any other matters which may be prescribed2530(3) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form orbe of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe preamble of the constitution of india declares india to be a "secular democratic republic" an essential condition of a secular country is an arm's length distance between religion and state many state governments have taken over many religious institutions and places of worship in many cases, government representatives and nominees sit on the controlling bodies of religious institutions and places of worship in the absence of any norms or law in this regard, the principles of secularism are often violated it is therefore, felt that a central law is needed to make sure that(a) religious institutions are independent, (b) funds collected by any religious institution or place of worship are used in line with the tenets of religion or sect or community or deity(c) there is transparency in use of funds, (d) prominent persons and religious persons of a religion or sect or community have a say in managing affairs of their religious institutions and places of worship, and(e) persons misusing religious institutions and places of worship for their personal ends are duly punishedhence this billnew delhi;shivaji adhalrao patilnovember 27, 2017 financial memorandumclause 12 of the bill provides for appointment of the chairperson, general secretaries and members of the advisory boards of religious institutions and places of worship clause 14 empowers the appropriate government to provide salaries and allowances for the functionaries of the advisory boardsthe bill, if enacted will involve expenditure from the consolidated fund of india it is estimated that approximately a sum of rupees one crore will be met by the central government as recurring expenditure in respect of the advisory boards falling under its jurisdictionno non recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 20 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only the delegation of legislative power is of normal character———— a billto provide for management, operation and control of all aspects of religious institutionsand places of worship, which are in direct or indirect control of state and for mattersconnected therewith or incidental thereto————(shri shivaji adhalrao patil, mp)

Parliament_bills

0f685348-033c-5d2a-9338-cb6d569bdea7

the all-india institute of medical sciences (amendment) bill, 2012 a billfurther to amend the all-india institute of medical sciences act, 1956be it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the all-india institute of medical sciences (amendment)act, 2012short title and commencement(2) it shall be deemed to have come into force on the 16th day of july, 201225 of 19565amendment of long title2 in the all-india institute of medical sciences act, 1956 (hereinafter referred to as theprincipal act), in the long title, for the words "an all-india institute of medical sciences", the words "all-india institutes of medical sciences" shall be substitutedamendment of section 1103 in section 1 of the principal act, in sub-section (1), for the words "all-india institute of medical sciences", the words "all-india institutes of medical sciences" shall be substituted4 in section 2 of the principal act,—amendment of section 2(a) for clause (a), the following clauses shall be substituted, namely:—'(a) "corresponding institute" means the institutes referred to in column(3) of the table given under section 27a;15(aa) "existing institute" means the all-india institute of medicalsciences,—-(i) established under sub-section (1) of section 3, before the commencement of the all-india institute of medical sciences (amendment)act, 2012; and5(ii) located at new delhi, as required under section 12 as it stood before such commencement; (ab) "fund" means the fund of the institute referred to in section 16;';(b) in clause (c), after the words and figure "under section 3", the words, brackets and figures "and includes the corresponding institutes and other institutes which may be established on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012" shall be inserted;10(c) after clause (f), the following clause shall be inserted at the end, namely:—'(g) "society" means the society referred to in column (2) of the table given under section 27a'5 in section 3 of the principal act,—15(a) in sub-section (1), the following proviso shall be inserted, namely:—amendment of section 320"provided that the central government may, on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, establish by notification in the official gazette, such other all-india institutes of medical sciences at such places as it may specify in the said notification in addition to the existing institute and the corresponding institutes";(b) in sub-section (2), for the words "the institute", the words "every institute"shall be substituted6 in section 4 of the principal act,—amendment of section 425(i) in the opening portion, for the words "the institute", the words "every institute" shall be substituted;(ii) for clause (a), the following clauses shall be substituted, namely:—"(a) in the case of existing institute, the vice-chancellor of the delhi university, ex officio;30(aa) in the case of every other institute established on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, the vice-chancellor of a university situated in a state in which such institute has been established after such commencement and such vice-chancellor shall be nominated by the central government;"357 for section 5 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 5"5 (1) it is hereby declared that the existing institute declared as an institution of national importance, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, under section 5 as it stood before such commencement, shall continue to be an institution of national importancedeclaration of institutes as institution of national importance40(2) it is hereby declared that every corresponding institute shall be an institution of national importance45(3) it is hereby declared that every institute established under the proviso to sub-section (1) of section 3, on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be an institution of national importance"8 in section 7 of the principal act, in sub-section (1),—amendment of section 7(a) for the words "president of the institute", the words "president for every institute" shall be substituted;(b) the following proviso shall be inserted, namely:—510"provided that the president of the existing institute shall also be the president of every corresponding institute and other institutes established on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, till such date the central government nominates a separate president for every corresponding institute and other institutes established after such commencement"9 in section 8 of the principal act,—amendment of section 8(a) for the words "from the institute", the words "from the institute of which they are the president and members" shall be substituted;(b) the following proviso shall be inserted, namely:—15"provided that in case a person is a president of two or more institutes, the allowances shall be borne by the institutes in such proportion as may be prescribed by rules"10 in section 9 of the principal act,—amendment of section 920(a) for the words "the institute shall", the words "every institute shall" shall be substituted;(b) for the words "the institute shall meet", the words "every institute shall meet" shall be substituted;(c) the following proviso shall be inserted, namely:—25"provided that the provisions relating to holding of the first meeting shall not apply to the existing institute"11 in section 10 of the principal act,—amendment of section 10(a) in sub-section (1),—30(i) for the words "a governing body of the institute which shall be constituted by the institute", the words "separate governing body for every institute which shall be constituted by such institute" shall be substituted;(ii) the following proviso shall be inserted, namely:—35"provided that the governing body of the existing institute, constituted before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to have been constituted under this section";(b) in sub-sections (2) and (3), for the words "the institute", the words "every institute" shall be substituted;(c) in sub-section (5),—40(i) for the words "the institute may constitute", the words "every institute may constitute" shall be substituted;(ii) for the words "functions of the institute", the words "functions of such institute" shall be substituted; (d) in sub-section (6),—(i) for the words "members of the institute; but an ad hoc committee may include persons who are not members of the institute", the words "members of every institute; but an ad hoc committee may include persons who are not members of such institute" shall be substituted;(ii) the following proviso shall be inserted, namely:—5"provided that the standing committee of the existing institute constituted, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to have been constituted under this section"12 in section 11 of the principal act, in sub-section (1),—amendment of section 1110(a) for the words "chief executive officer of the institute", the words "chiefexecutive officer of every institute" shall be substituted;(b) for the words "director of the institute", the words "director of such institute"shall be substituted;(c) for the proviso, the following provisos shall be substituted, namely:—15"provided that the first director of every institute (other than the existing institute), established on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be appointed by the central government:20provided further that in case a director of a society has been appointed by the central government before the commencement of the all-india institute of medical sciences (amendment) act, 2012, such director shall be deemed to be the first director of the concerned corresponding institute"13 for section 12 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 12"12 (1) the existing institute shall be located at new delhilocation of institutes25(2) all corresponding institutes shall be located at the places mentioned in column (3) of the table given under section 27a(3) all institutes [other than the existing institute and corresponding institutes referred to in sub-sections (1) and (2)] shall be located at such places as the central government may, by notification in the official gazette, specify"30amendment of section 1314 in section 13 of the principal act, in the opening portion, for the words "theinstitute", the words "every institute" shall be substitutedamendment of section 1415 in section 14 of the principal act, in the opening portion, for the words "theinstitute", the words "every institute" shall be substitutedamendment of section 153516 in section 15 of the principal act, for the words "the institute", the words "everyinstitute" shall be substituted17 in section 16 of the principal act, in sub-section (1),—amendment of section 16(i) for the words "the institute", the words "every institute" shall be substituted; (ii) after clause (d), the following proviso shall be inserted, namely:—40"provided that the fund maintained by the existing institute and the society, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to be the fund maintained under this section"18 in section 17 of the principal act,—amendment of section 17 (a) for the words "the institute shall prepare", the words "every institute shall prepare" shall be substituted;(b) for the words "expenditure of the institute", the words "expenditure of the concerned institute" shall be substituted5amendment of sections 18 and 1919 in sections 18 and 19 of the principal act, for the words "the institute" and "the institute", wherever they occur, the words "every institute" and "every institute" shall, respectively, be substituted20 in section 20 of the principal act, in sub-section (1),—amendment of section 2010 (a) for the words "the institute", the words "every institute" shall be substituted;(b) the following proviso shall be inserted, namely:—15"provided that the pension and provident fund constituted by the existing institute or society, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to be the pension and provident fund under this section"21 in section 21 of the principal act,—amendment of section 21(a) for the words "decisions of the institute", the words "decisions of every institute" shall be substituted;20(b) for the words "officer of the institute", the words "officer of every institute"shall be substituted22 in sections 22, 23, 24, 25 and 27 of the principal act, for the words "the institute"and "the institute", wherever they occur, the words "every institute" and "every institute" shall, respectively, be substitutedamendment of sections 22, 23, 24, 25 and 272523 after section 27 of the principal act, the following sections shall be inserted, namely:—21 of 186030"27a each of the institute, registered as society under the societies registrationact, 1860 and mentioned in column (2) of the table below shall be a body corporatehaving perpetual succession and common seal and shall by its name mentioned in column (3) of that table, sue and be sued: tableinsertion of new sections 27a, 27b, 27c and 27dincorporation of institute registered as society under the societies registration act, 1860 list of societies incorporated as all-india institutes of medical sciences| serial | society | corresponding institute and place of its ||-------------|-------------------------------------------|--------------------------------------------|| number | location | || (1) | (2) | (3) || 35 | | || 1 | all-india institute of medical sciences, | all-india institute of medical sciences, || bhopal | bhopal (madhya pradesh) | || 2 | all- india institute of medical sciences, | all-india institute of medical sciences, || bhubaneswar | bhubaneswar (odisha) | || 40 | | || 3 | all- india institute of medical sciences, | all-india institute of medical sciences, || jodhpur | jodhpur (rajasthan) | || 4 | all- india institute of medical sciences, | all-india institute of medical sciences, || patna | patna (bihar) | || (1) | (2) | (3) ||--------|-------------------------------------------|------------------------------------------|| 5 | all- india institute of medical sciences, | all-india institute of medical sciences, || raipur | raipur (chhattisgarh) | || 6 | all- india institute of medical sciences, | all-india institute of medical sciences, || 5 | | |rishikeshrishikesh (uttarakhand)27b (1) on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012,—effect of incorporation of institutes(a) any reference to a society in any law, other than this act, or in any contract or other instrument, shall be deemed as a reference to the corresponding institute;10(b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding institute;(c) all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of, the corresponding institute;15 20 25(d) subject to the provisions of this act, every person (including director, officers and other employees) who is employed in the society, immediately before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall, on and after such commencement, become an employee of the corresponding institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the all-india institute of medical sciences (amendment) act, 2012, as if the said act had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government;30(e) the governing body of every society, shall, from the date of constitution of the governing body under sub-section (1) of section 10, stand dissolved and no chairperson or other person shall be entitled to any compensation for the premature termination of the term of his office or of any contract of service;35 (f) all committees (including standing committee, if any) of the society shall stand dissolved;(g) any examination conducted by the existing institute for admission of candidates for award of medical degrees and diplomas by such society shall be valid examination and be deemed to have been conducted by the corresponding institute14 of 194740(2) notwithstanding anything contained in the industrial disputes act, 1947 or in any other law for the time being in force, absorption of any employee by the corresponding institutes in its regular service under this section shall not entitle such employee to any compensation under this act or any other law and no such claim shall be entertained by any court, tribunal or other authority45 27c all provisions of this act shall, mutatis mutandis, apply to the societies, referred to in column (2) of the table given under section 27a, incorporated into all- india institutes of medical sciences referred to in column (3) of the said tableprovisions of this act to apply to societies incorporated into all-india institutes of medical sciences under section 27a27d (1) the central government may, if it is of the opinion that certain measures are required for speedy and effective functioning of corresponding institutes (other than the existing institute), by notification in the official gazette, specify such measures as it may consider necessary for the smooth and effective functioning of such institutes:5power to make transitory provisions for institutes (other than existing institute)provided that no such notification shall be issued under this section, after theexpiry of a period of two years from the date of commencement of the all-india institute of medical sciences (amendment) act, 2012(2) every notification issued under this section shall be laid, as soon as may be after it is made, before each house of parliament"1024 in section 28 of the principal act,—amendment of section 28(a) in sub-section (1), for the words "the institute", the words "all the institutes"shall be substituted;(b) in sub-section (2),—15(i) for the words "the institute", wherever they occur, the words "every institute" shall be substituted;(ii) after clause (a), the following clause shall be inserted, namely:—"(aa) the proportion of allowances of the president to be borne by the institutes under the proviso to section 8;"25 in section 29 of the principal act,—amendment of section 29(a) in sub-section (1),—20(i) in the opening portion, for the words "the institute", the words "every institute" shall be substituted;(ii) after clause (n), the following proviso shall be inserted, namely:—25"provided that the regulations made by the existing institute, beforethe commencement of the all-india institute of medical sciences (amendment) act, 2012, shall continue to be the regulations made under this section until such regulations are amended or rescinded by the existing institute in accordance with the provisions of this section";(b) in sub-section (2), the following proviso shall be inserted, namely:—30"provided that every corresponding institute shall, within three monthsof the date of the commencement of the all-india institute of medical sciences (amendment) act, 2012, make regulations"repeal and savingord 1 of 201226 (1) the all- india institute of medical sciences (amendment) ordinance, 2012, is hereby repealed35(2) notwithstanding such repeal, anything done or any action taken under the principalact, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act, as amended by this act statement of objects and reasonsthe all-india institute of medical sciences act, 1956 (aiims act) was enacted to provide for the establishment of an all-india institute of medical sciences (aiims) the main object of the aforesaid act is to provide a high standard of medical education, both post-graduate and under-graduate, for all medical colleges and other allied institutions in the country to improve professional competence among medical practitioners and to attain selfsufficiency in post-graduate medical education and to promote medical research2 the pradhan mantri swasthya suraksha yojana scheme was announced on the 15th august, 2003 with the objective of correcting the imbalances in the availability of affordable or reliable tertiary level health care and also for improving facilities for quality medical education in the states in pursuance of the said scheme, initially six all-india institute of medical sciences (in addition to the aiims, new delhi established under the aiims act) one each in the states of bihar (patna), chhattisgarh (raipur), madhya pradesh (bhopal), odisha (bhubaneswar), rajasthan (jodhpur) and uttarakhand (rishikesh) were set up under the societies registration act, 1860 broadly similar to the existing aiims, new delhi the central government has also taken a decision to set up in future (in the second phase) two more all-india institute of medical sciences broadly similar to the existing aiims, new delhi3 the aforesaid six all-india institute of medical sciences were registered under the societies registration act, 1860 as an interim measure these institutes set up under the societies registration act, 1860 do not have authority to impart medical education and grant degrees or diplomas in the field of medical education in order to make them operational for imparting medical education, the said six all-india institute of medical sciences (similar to the existing aiims, new delhi) and such other institutions to be established in future, are proposed to be given statutory status by amending the aiims act the six states in which the aforesaid six institutes were established had requested the central government to make them operational urgently and to commence the academic session at the aforesaid six all- india institutes of medical sciences in september, 20124 as parliament was not in session and immediate steps were required to be taken to commence the academic session at the aforesaid six all-india institutes of medical sciences in september, 2012 and make necessary amendments to the all-india institute of medical sciences act, 1956, the president was pleased to promulgate the all-india institute of medical sciences (amendment) ordinance, 20125 it is proposed to introduce the all-india institute of medical sciences (amendment)bill, 2012, replacing the all-india institute of medical sciences (amendment) ordinance, 2012, inter alia, provides for— (a) amending the long title of the aiims act to provide for establishment of more than one all-india institute of medical sciences at various locations in different states, instead of the one existing all-india institute of medical sciences at new delhi, as provided in the said act; (b) changing the status of the aforesaid six all-india institute of medical sciences already registered under the societies registration act, 1860, to be an autonomous body corporate on the lines of the existing all-india institute of medical sciences, new delhi;(c) conferring power upon the central government to establish more than one all-india institute of medical sciences, at such places as may be specified by it, by notification in the official gazette;(d) declaring that the aforesaid six all-india institutes of medical sciences established as societies under the societies registration act, 1860 after their incorporation as autonomous body corporates (after enactment of the bill) and every institute to be established in future under the aiims act (after enactment of the bill) would also to be an institution of national importance;(e) making provisions so as to provide that all the aforesaid six all-india institutes of medical sciences would be similar to the existing aiims, new delhi broadly in respect of all matters including nomination of vice-chancellor, appointment of president, constitution of the general body and service matters of staff, etc;(f) conferring power upon the central government to make transitory provisions by notification so as to specify such measures as it may consider necessary for the smooth and efficient functioning of the institutes, other than the existing all-india institute of medical sciences 6 the notes on clauses explain the various provisions contained in the bill 7 the bill seeks to replace the aforesaid ordinanceghulam nabi azadnew delhi;the 6th august, 2012 ———— president's recommendation under article 117 of the constitution of india————[copy of letter no z29022/03/2009-ssh, dated 17th august, 2012 from shri ghulam nabi azad, minister of health and family welfare to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed all-india institute of medical sciences (amendment) bill, 2012, recommends to the house introduction of the bill under article 117(1) and consideration under article 117(3) of the constitution notes on clausesclause 2—this clause seeks to amend the long title of the all-india institute of medical sciences act, 1956 (hereinafter referred to as the principal act) it provides that in the long title, for the words "an all-india institute of medical sciences", the words "all-india institutes of medical sciences" shall be substitutedclause 3—this clause seeks to amend section 1 of the principal act it provides to substitute the words "all-india institute of medical sciences" with the words "all-india institutes of medical sciences"clause 4—this clause seeks to amend section 4 of the principal act it defines certain expressions "corresponding institute", "existing institute", and the terms "society" and "fund"clause 5—this clause seeks to amend section 3 of the principal act it proposes to insert a new proviso to sub-section (1) of section 3 which states that the central government may, on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, establish by notification in the official gazette, such other all-india institutes of medical sciences at such places as it may specify in the said notification in addition to the existing institute and the corresponding institutesclause 6—it seeks to amend section 4 of the principal act it provides for substitution of the words "the institute", occurring in the opening portion, with the words "every institute" it further, provides for substitution of the existing clause (a) of the said section with the following new clauses, namely:--"(a) in case of existing institute, the vice-chancellor or the delhi university, ex officio;(aa) in the case of every other institute established on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, the vice-chancellor of a university situated in a state in which such institute has been established after such commencement and such vice-chancellor shall be nominated by the central government;"clause 7—this clause seeks to substitute section 5 of the principal act it makes provision for declaration of institutes as institutions of national importance it provides that the existing institute declared as an institution of national importance, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall continue to be an institution of national importance it further provides that every corresponding institute and every institute to be established under the proviso to subsection (1) of section 3, on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012 shall be an institution of national importanceclause 8—this clause seeks to amend section 7 of the principal act it provides for insertion of a new proviso to the said sub-section, which states that that the president of the existing institute shall also be the president of every corresponding institute and other institutes established on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, till such date the central government nominates a separate president for every corresponding institute and other institutes established after such commencementclause 9—this clause seeks to amend section 8 of the principal act it provides for substitution of the words "from the institute", occurring in section 8 of the act, with the words "from the institute of which they are the president and members" it further provides for insertion of a new proviso to the said section, which states that in case a person is a president of two or more institutes, the allowances shall be borne by the institutes in such proportion as may be prescribed by rulesclause 10—this clause seeks to amend section 9 of the principal act it provides for certain consequential changes in view of establishment of new institutions it further provides for insertion of a new proviso to the said section, which states that the provisions relating to holding of the first meeting shall not apply to the existing instituteclause 11—this clause seeks to amend section 10 of the principal act it provides for substitution of the words "a governing body of the institute which shall be constituted by the institute", occurring in sub-section (1) of section 10, with the words "separate governing body for every institute which shall be constituted by such institute"it further provides for insertion of a new proviso to the said sub-section (1), which states that the governing body of the existing institute, constituted before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to have been constituted under this sectionit also provides for certain consequential changes in view of establishment of new institutions it also provides for insertion of a new proviso to sub-section (6), which states that the standing committee of the existing institute constituted, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to have been constituted under this sectionclause 12—this clause seeks to amend section 11 of the principal act it provides for certain consequential changes relating to chief executive officer and director in view of establishment of new institutions it further provides for substitution of the existing proviso to sub-section (1) of the said section with the two new provisos, (a) the first proviso provides that the first director of every institute (other than the existing institute), established on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be appointed by the central government; and (b) the second proviso provides that in case a director of a society has been appointed by the central government before the commencement of the all-india institute of medical sciences (amendment) act, 2012, such director shall be deemed to be the first director of the concerned corresponding instituteclause 13—this clause seeks to substitute section 12 of the principal act it provides that the existing institute shall be located at new delhi; all corresponding institutes shall be located at the places mentioned in column (3) of the table given under section 27a; and all institutes [other than the existing institute and corresponding institutes referred to in subsections (1) and (2)] shall be located at such places as the central government may, by notification in the official gazette, specifyclause 14—this clause seeks to amend section 13 of the principal act it provides for certain consequential changes in view of establishment of new institutionsclause 15—this clause seeks to amend section 14 of the principal act it provides for certain consequential changes in view of establishment of new institutionsclause 16—this clause seeks to amend section 15 of the principal act it provides for certain consequential changes in view of establishment of new institutionsclause 17—this clause seeks to amend section 16 of the principal act it, inter alia, provides for insertion of a new proviso, which states that the fund maintained by the existing institute and the society, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to be the fund maintained under this sectionclause 18—this clause seeks to amend section 17 of the principal act it provides for certain consequential changes relating to accounts and expenditure in view of establishment of new institutionsclause 19—this clause seeks to amend sections 18 and 19 of the principal act it provides for certain consequential changes in view of establishment of new institutionsclause 20—this clause seeks to amend section 20 of the principal act it, inter alia, provides for insertion of a new proviso in the said sub-section, which states that the pension and provident fund constituted by the existing institute or society, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to be the pension and provident fund under this sectionclause 21—this clause seeks to amend section 21 of the principal act which are consequential in natureclause 22—this clause seeks to amend sections 22, 23, 24, 25 and 27 of the principal act which are consequential in nature in view of establishment of new institutionsclause 23—this clause seeks to insert new sections 27a, 27b, 27c and 27d in the principal act section 27a seeks to provide for incorporation of institutes registered as societies under the societies registration act, 1860 it provides that each of the institute, registered as society under the societies registration act, 1860 and mentioned in column (2) of the table below shall be a body corporate having perpetual succession and common seal and shall by its name mentioned in column (3) of that table, sue and be sued a table has also been provided in the said new section giving therein the name of the existing registered societies and the corresponding all-india institutes of medical sciences along with the place of their respective locationssection 27b seeks to provide for effect of incorporation of institutes sub-section (1)of the said section provides that on and after the commencement of the all-india institute of medical sciences (amendment) act, 2012,—(a) any reference to a society in any law, other than this act, or in any contract or other instrument, shall be deemed as a reference to the corresponding institute;(b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding institute;(c) all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of, the corresponding institute;(d) subject to the provisions of this act, every person (including director, officers and other employees) who is employed in the society, immediately before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall, on and after such commencement, become an employee of the corresponding institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the all-india institute of medical sciences (amendment) act, 2012, as if the said act had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations; and the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government;(e) the governing body of every society, shall, from the date of constitution of the governing body under sub-section (1) of section 10, stand dissolved and no chairperson or other person shall be entitled to any compensation for the premature termination of the term of his office or of any contract of service;(f) all committees (including standing committee, if any) of the society shall stand dissolved;(g) any examination conducted by the existing institute for admission of candidates for award of medical degrees and diplomas by such society shall be valid examination and be deemed to have been conducted by the corresponding institute sub-section (2) of the said section 27b provides that notwithstanding anything contained in the industrial disputes act, 1947 or in any other law for the time being in force, absorption of any employee by the corresponding institutes in its regular service under this section shall not entitle such employee to any compensation under this act or any other law and no such claim shall be entertained by any court, tribunal or other authoritysection 27c seeks to provide that provisions of this act shall apply to societies incorporated into all-india institutes of medical sciences under section 27a it provides that all provisions of this act shall, mutatis mutandis, apply to the societies, referred to in column (2) of the table given under section 27a, incorporated into all-india institutes of medical sciences referred to in column (3) of the said tablesection 27d seeks to provide for power to make transitory provisions for institutes(other than existing institute) it provides that the central government may, if it is of the opinion that certain measures are required for speedy and effective functioning of corresponding institutes (other than the existing institute), by notification in the official gazette, specify such measures as it may consider necessary for the smooth and effective functioning of such institutes however, no such notification shall be issued under this section, after the expiry of a period of two years from the date of commencement of the all-india institute of medical sciences (amendment) act, 2012 sub-section (2) of section 27d provides that every notification issued under this section shall be laid, as soon as may be after it is made, before each house of parliament;clause 24—this clause seeks to amend section 28 of the principal act relating to rule making power, which are consequential in natureclause 25—this clause seeks to amend section 29 of the principal act relating to regulation making power it, inter alia, provides for insertion of a new proviso after clause (n) of sub-section (1), which states that the regulations made by the existing institute, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall continue to be the regulations made under this section until such regulations are amended or rescinded by the existing institute in accordance with the provisions of this section it further provides that every corresponding institute shall, within three months of the date of the commencement of the all-india institute of medical sciences (amendment)act, 2012, make regulationsclause 26—this clause seeks to provide for repeal and savings it provides for repeal of the all-india institute of medical sciences (amendment) ordinance, 2012 it further provides for saving of anything done or any action taken under the principal act, as amended by the said ordinance, so as to mean that the same shall be deemed to have been done or taken under the corresponding provisions of the principal act, as amended by this act financial memorandumthe all-india institute of medical sciences (amendment) bill, 2012 proposes to provide for establishment of more than one all-india institute of medical sciences at various locations in different states, in addition to the one existing all-india institute of medical sciences at new delhi2 clause 9 of the bill provides that in case a person is a president of two or more institutes, the allowances shall be borne by the institutes in such proportion as may be prescribed by rules clause 17 of the bill provides that the fund maintained by the existing institute and the society, before the commencement of the all-india institute of medical sciences (amendment) act, 2012, shall be deemed to be the fund maintained under section 16 of the all-india institute of medical sciences act, 19563 an estimated cost amounting to four thousand nine hundred twenty crore rupees for setting up six new all-india institutes of medical sciences (eight hundred twenty crore rupees for each of the six institutes) has been approved4 the bill does not involve any additional expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationsub-clause (b) of clause 9 of the bill seeks to insert a new proviso to section 8 of the act which empowers the central government to prescribe by rules, the allowances which shall be borne by the institutes in such proportion, in case a person is a president of two or more institutes2 clause 23 of the bill seeks to insert a new section 27d in the act sub-section (1) of the said section 27d provides that if the central government is of the opinion that certain measures are required for speedy and effective functioning of corresponding institutes (other than the existing institute), it may by notification in the official gazette, specify such measures as it may consider necessary for the smooth and effective functioning of such institutes3 sub-section (2) of the new section 27d, in clause 23 of the bill, provides that every notification issued under this section shall be laid, as soon as may be after it is made, before each house of parliament4 the matters in respect of which the central government may make rules or issue notifications are matters of procedure and administrative details and it is not practicable to provide for them in the proposed legislation itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the all-india institute of medical sciences act, 1956 (25 of 1956)an act to provide for the establishment of an all-india institute of medical sciences1 (1) this act may be called the all-india institute of medical sciences act, 1956short title and commencement 2 in this act, unless the context otherwise requires,—definitions(a) "fund" means the fund of the institute referred to in section 16; (c ) "institute" means the all-india institute of medical sciences established under section 3;3 (1) establishment and incorporation of the institute(2) the institute shall be a body corporate by the name aforesaid having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued4 the institute shall consist of the following members, namely:—(a) the vice -chancellor of the delhi university, ex officio;composition of the institute 5 it is hereby declared that the institute shall be an institution of national importance declaration of the institute as an institution of national importance president of the institute7 (1) there shall be a president of the institute who shall be nominated by the central government from among the members other than the director of the institute 8 the president and members shall receive such allowances, if any, from the institute as may be prescribed by rulesallowances of president and members meetings of the institute9 the institute shall hold its first meeting at such time and place as may be appointed by the central government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that government; and thereafter the institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations10 (1) there shall be a governing body of the institute which shall be constituted by the institute from among its members in such manner as may be prescribed by regulationsgoverning body and other committees of the institute(2) the governing body shall be the executive committee of the institute and shall exercise such powers and discharge such functions as the institute may, by regulations made in this behalf, confer or impose upon it(3) the president of the institute shall be the chairman of the governing body and as chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations (5) subject to such control and restrictions as may be prescribed by rules, the institute may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any function of the institute or for inquiring into, or reporting or advising upon, any matter which the institute may refer to them(6) a standing committee shall consist exclusively of members of the institute; but an ad hoc committee may include persons who are not members of the institute but the numbers of such persons shall not exceed one-half of its total membership staff of the institute11 (1) there shall be a chief executive officer of the institute who shall be designated as the director of the institute and shall, subject to such rules as may be made by the central government in this behalf, be appointed by the institute:provided that the first director of the institute shall be appointed by the central government 12 the institute shall be located in new delhilocation of institute13 the object of the institute shall be—object of the institute functions of the institute14 with a view to the promotion of the objects specified in section 13, the institute may— payment to the institute15 the central government may, under appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as may be considered necessary by that government for the exercise of its powers and discharge of its functions under this act16 (1) the institute shall maintain a fund to which shall be credited—fund of the institute(a) all moneys provided by the central government; (b) all fees and other charges received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and(d) all moneys received by the institute in any other manner or from any other source budget of the institute17 the institute shall prepare in such form and at such time every year as may be prescribed by rules a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the institute and shall forward to the central government such number of copies thereof as may be prescribed by rulesaccounts and audit18 (1) the institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as the central government may by rules prescribe in consultation with the comptroller and audit- general of india (2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india (3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute as well as of the institutions established and maintained by it(4) the accounts of the institute as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliamentannual report19 the institute shall prepare for every year a report of its activities during that yearand submit the report to the central government in such form and on or before such date as may be prescribed by rules and a copy of this report shall be laid before both houses of parliament within one month of its receiptpension andprovident funds20 (1) the institute shall for the benefit of its officers, teachers and other employeesin such manner and subject to such conditions as may be prescribed by regulations, such pension and provident funds as it may deem fit21 all orders and decisions of the institutes shall be authenticated by the signature of the president or any other member authorised by the institute in this behalf and all other instruments shall be authenticated by the signature of the director or any other officer of the institute authorised in like manner in this behalf22 no act done or proceeding taken by the institute, governing body or any standing or ad hoc committee under this act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the institute, governing body or such standing or ad hoc committeeauthentication of the orders and instruments of the institutes acts and proceedings not to be invalidated by vacancies, etc102 of 195616 of 194848 of 194723 notwithstanding anything contained in the indian medical council act, 1956, the dentists act, 1948 and the indian nursing council act, 1947, the medical, dental or nursing degrees or diplomas, as the case may be, granted by the institute under this act shall be recognised—recognitions of medical, dental and nursing qualifications granted by the institute102 of 1956(a) medical qualifications for the purpose of the indian medical councilact, 1956 and shall be deemed to be included in the first schedule to that act;16 of 1948(b) dental qualifications for the purposes of the dentists act, 1948 and shall bedeemed to be included in the schedule to that act; and48 of 1947(c) nursing qualifications for the purposes of the indian nursing councilact, 1947 and shall be deemed to be included in the schedule to that act24 notwithstanding anything contained in any other law for the time being in force, the institute shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and titles under this actgrant of medical, dental or nursing degrees, diplomas, etc, by the institute25 the institute shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this actcontrol by central government returns and information27 the institute shall furnish to the central government such reports, returns andother information as that government may require from time to timepower to make rules28 (1) the central government, after consultation with the institute, may, bynotification in the official gazette, make rules to carry out the purposes of this act:provided that consultation with the institute shall not be necessary on the first occasion of the making or rules under this section, but the central government shall take into consideration any suggestions which the institute may make in relation to the amendment of such rules after they are made(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manner of nomination of members under clause (f) of section 4; (b) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;(c) the conditions of service of, the procedure to be followed by, and the mannerof filling vacancies among, members of the institute;(d) the powers and functions to be exercised and discharged by the president of the institute;(e) the allowances, if any, to be paid to the president and members of the institute; (f) the number of officers and employees that may be appointed by the institute and the manner of such appointment;(g) the form in which and the time at which the budget and report shall be prepaired by the institute and number of copies to the forwarded to the central government;(h) the form and manner in which returns and information are to be furnished by the institute to the central government;(i) any other matter which has to be or may be prescribed by rules power to make regulations29 (1) the institute, with the previous approval of the central government, may, by notification in the official gazette, make regulations consistent with this act, and rules made thereunder to carry out the purposes of this act, and without prejudice to the generality of this power, such regulations may provide for— lok sabha———— a billfurther to amend the all-india institute of medical sciences act, 1956————(shri ghulam nabi azad, minister of health and family welfare)

Parliament_bills

7e216df1-4099-5f2f-9a29-c8c02db1839a

bill no 165 of 2005 the electricity (amendment) bill, 2005 a billfurther to amend the electricity act, 2003be it enacted by parliament in the fifty-sixth year of the republic of india as follows:—1 (1) this act may be called the electricity (amendment) act, 2005short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 for section 6 of the electricity act, 2003 (hereinafter referred to as the principal act), the following section shall be substituted, namely:—substitution of new section for section 65"6 the concerned state governments and the central government shall jointly endeavour to provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of households"joint responsibility of state governments and central government in rural electrification3 in section 38 of the principal act, in sub-section (2), in clause (d),—amendment of section 38(i) in the second proviso, the words "and eliminated" shall be omitted; (ii) the third proviso shall be omitted104 in section 39 of the principal act, in sub-section (2), in clause (d),—amendment of section 39(i) in the second proviso, the words "and eliminated" shall be omitted; (ii) the third proviso shall be omitted5 in section 40 of the principal act,—amendment of section 40(i) in the second proviso, the words "and eliminated" shall be omitted;15(ii) the third proviso shall be omitted6 in section 42 of the principal act, in sub-section (2),—amendment of section 42(i) in the first proviso, for the words "such open access may be allowed before the cross-subsidies are eliminated on payment of a surcharge", the words "such open access shall be allowed on payment of a surcharge" shall be substituted;20(ii) in the third proviso, the words "and eliminated" shall be omittedamendment of section 617 in section 61 of the principal act, for clause (g), the following clause shall be substituted, namely:—25"(g) that the tariff progressively reflects the cost of supply of electricity and also reduces cross-subsidies in the manner specified by the appropriate commission;"8 for section 151 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 151 cognizance of offences30"151 (1) no prosecution shall be instituted against any person for any offence punishable under this act except at the instance of the appropriate government or appropriate commission or any of their officer authorised by them or a chief electrical inspector or an electrical inspector or licensee or the generating company, as the case may be2 of 1974(2) for the purposes of investigation of any offence punishable under this act, the police shall have powers as available under the code of criminal procedure, 19733545 of 1860(3) the cognizance of the offence under this act shall not in any way prejudice any action under the provisions of the indian penal code:40provided that the court may also take cognizance of an offence punishable under this act upon a complaint in writing made by the appropriate government or appropriate commission or any of their officer authorised by them or a chief electrical inspector or an electrical inspector or licensee or the generating company, as the case may be:provided further that a special court constituted under section 153 shall be competent to take cognizance of an offence under section 135 to section 138 (both inclusive) without the accused being committed to it for trial"amendment of section 1769 in section 176 of the principal act, in clause (2), in clause (b) for the brackets and words "(including the capital adequacy, credit worthiness or code of conduct)", the words "relating to the capital adequacy, credit worthiness or code of conduct" shall be substituted10 in section 178 of the principal act, in sub-section (2),—amendment of section 1785(i) in clause (k), the words "and elimination" shall be omitted; (ii) in clause (m), the words "and elimination" shall be omitted;(iii) for clause (r), the following clause shall be substituted, namely:—"(r) the manner for reduction of cross-subsidies under clause (g) of section 61;"1011 in section 181 of the principal act, in sub-section (2),—amendment ofsection 181(i) in clause (j), the words "and elimination" shall be omitted;(ii) in clause (m), the words "and elimination" shall be omitted;(iii) in clause (p), the words "and elimination" shall be omitted;(iv) for clause (zc), the following clause shall be substituted, namely:—15"(zc) the manner of reduction of cross-subsidies under clause (g) ofsection 61;" statement of objects and reasonsthe law relating to generation, transmission, distribution, trading and use of electricity is contained in the electricity act, 2003 the act has been reviewed by the government as per the commitment made by it in the national common minimum programme and in view of the concern expressed by a number of states it is proposed to amend the act to give effect to certain changes as have been considered necessary2 section 6 of the act provides that the appropriate government shall endeavour to supply electricity to all areas including villages and hamlets there has been a concern that the onus of rural electrification has been put only on the state governments it is proposed to amend section 6 so as to provide that the concerned state governments and the central government shall jointly endeavour to provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of households3 sections 38, 39, 40, 42, 61, 178 and 181 of the act, inter alia, provide for reduction and 'elimination' of cross subsidies there have been a concern that though the crosssubsidies may be reduced but elimination of such subsidies may not be feasible for the present it is, therefore, proposed to amend the said sections so as to do away with the 'elimination' of cross-subsidies however, reduction of cross subsidies will continue4 as per the provisions contained in section 151 of the act, the offences relating to theft of electricity, electric lines and interference with meters are congnizable offences concerns have been expressed that the present formulation of section 151 stands as a barrier to investigation of these congnizable offences by the police it is proposed to amend section 151 so as to clarify the position that the police would be able to investigate the cognizable offences under the act to expedite the trial before the special courts, it is also proposed to provide that a special court shall be competent to take cognizance of an offence without the accused being committed to it for trial5 the bill seeks to achieve the above objectsnew delhi;priyaranjan dasmunsithe 20th december, 2005 financial memorandumclause 2 of the bill seeks to substitute section 6 of the electricity act, 2003 relating to obligations of appropriate government to supply electricity to rural areas the proposed new section 6 seeks to provide that the concerned state government and the central government shall jointly endeavour to provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of households2 the bill, therefore, if enacted and brought into operation would involve expenditure from the consolidated fund of india it has been estimated that the rajiv gandhi grameen vidyutikaran yojana (with an outlay of rs 16,225 crore) would have a subsidy component of rs 14,750 crore to be funded from the consolidated fund of india in two phases phase-i of this scheme has begun from the financial year 2005-2006 with a sanction of rs 5000 crore of subsidy from the consolidated fund of india3 it is estimated that no other expenditure, both recurring or non-recurring nature from the consolidated fund of india, would be involved annexure extracts from the electricity act, 2003 (36 of 2003) 6 the appropriate government shall endeavour to supply electricity to all areas including villages and hamletsobligations to supply electricity to rural areas 38 (1) (2) the functions of the central transmission utility shall be—central transmission utility and functions (d) to provide non-discriminatory open access to its transmission system for use by—(i) any licensee or generating company on payment of the transmission charges; or(ii) any consumer as and when such open access is provided by the state commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the central commission:provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy:provided further that such surcharge and cross subsidies shall be progressively reduced and eliminated in the manner as may be specified by the central commission:provided also that such surcharge may be levied till such time the cross subsidies are not eliminated:provided also that the manner of payment and utilisation of the surcharge shall be specified by the central commission:provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use39 (1) (2) the functions of the state transmission utility shall be —state transmission utility and functions (d) to provide non-discriminatory open access to its transmission system for use by—(i) any licensee or generating company on payment of the transmission charges; or(ii) any consumer as and when such open access is provided by the state commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the state commission:provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy:provided further that such surcharge and cross subsidies shall be progressively reduced and eliminated in the manner as may be specified by the state commission:provided also that such surcharge may be levied till such time the cross subsidies are not eliminated:provided also that the manner of payment and utilisation of the surcharge shall be specified by the state commission:provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use40 it shall be the duty of a transmission licensee—duties oftransmissionlicensees(a) to build, maintain and operate an efficient, co-ordinated and economical inter-state transmission system or intra-state transmission system, as the case may be;(b) to comply with the directions of the regional load despatch centre and the state load despatch centre, as the case may be;(c) to provide non-discriminatory open access to its transmission system for use by—(i) any licensee or generating company on payment of the transmission charges; or(ii) any consumer as and when such open access is provided by the state commission under sub-section (2) of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the state commission:provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level cross-subsidy:provided further that such surcharge and cross subsidies shall be progressively reduced and eliminated in the manner as may be specified by the appropriate commission:provided also that such surcharge may be levied till such time the cross subsidies are not eliminated:provided also that the manner of payment and utilisation of the surcharge shall be specified by the appropriate commission:provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use part vi distribution of electricity provisions with respect to distribution licensees42 (1) duties of distribution licensee andopen access(2) the state commission shall introduce open access in such phases and subject to such conditions, (including the cross subsidies, and other operational constraints) as may be specified within one year of the appointed date by it and in specifying the extent of open access in successive phases and in determining the charges for wheeling, it shall have due regard to all relevant factors including such cross subsidies, and other operational constraints:provided that such open access may be allowed before the cross subsidies are eliminated on payment of a surcharge in addition to the charges for wheeling as may be determined by the state commission:provided further that such surcharge shall be utilised to meet the requirements of current level of cross-subsidy within the area of supply of the distribution licensee:provided also that such surcharge and cross subsidies shall be progressively reduced and eliminated in the manner as may be specified by the state commission:provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use:36 of 2003provided also that the state commission shall, not later than five years from the date of commencement of the electricity (amendment) act, 2003, by regulations, provide such open access to all consumers who require a supply of electricity where the maximum power to be made available at any time exceeds one megawatt| | | | | ||------|------|------|------|-----| part vii tarifftariff regulations61 the appropriate commission shall, subject to the provisions of this act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely:—| | | | | ||------|------|------|------|-----|(g) that the tariff progressively reflects the cost of supply of electricity and also, reduces and eliminates cross subsidies within the period to be specified by the appropriate commission;| | | | | ||---------------------------------------------------------------------------------------------|------|------|------|-----|| cognizance of | | | | || offences | | | | || 151 | | | | || no court shall take cognizance of an offence punishable under this act except | | | | || upon a complaint in writing made by appropriate government or appropriate commission | | | | || or any of their officer authorised by them or a chief electrical inspector or an electrical | | | | || inspector or licensee or the generating company, as the case may be, for this purpose | | | | || | | | | || 176 | | | | || ( | | | | || 1) | | | | || | | | | || directions by | | | | || state | | | | || government | | | | || ( | | | | || 2 | | | | || ) in particular and without prejudice to the generality of the foregoing power, | | | | || such rules may provide for all or any of the following matters, namely: - | | | | || | | | | || ( | | | | || b | | | | || ) the additional requirements (including the capital adequacy, credit | | | | || worthiness or code of conduct) under sixth proviso to section 14; | | | | || | | | | || 178 | | | | || ( | | | | || 1) | | | | || | | | | || powers of | | | | || authority to | | | | || make | | | | || regulations | | | | |(2) in particular and without prejudice to the generality of the power contained in sub-section (1), such regulations may provide for all or any of the following matters, namely: - (k) reduction and elimination of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 38; (m) reduction and elimination of surcharge and cross subsidies under the second proviso to sub-clause (ii) of clause (c) of section 40; (r) the period within which the cross subsidies shall be reduced and eliminated under clause (g) of section 61; 181 (1) (2) in particular and without prejudice to the generality of the power contained in subsection (1), such regulations may provide for all or any of the following matters, namely:—powers of central commission to make regulations (j) reduction and elimination of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (d) of sub-section (2) of section 39; (m) reduction and elimination of surcharge and cross subsidies under second proviso to sub-clause (ii) of clause (c) of section 40; (p) reduction and elimination of surcharge and cross subsidies under the third proviso to sub-section (2) of section 42; (zc) the terms and conditions for the determination of tariff under section 61; lok sabha———— a billfurther to amend the electricity act, 2003 ————(shri priyaranjan dasmunsi, minister of information and broadcasting and parliamentary affairs)

Parliament_bills

292edfe5-5495-5178-8857-3818f60dd4a2

the goa, daman and diu (administration) ,~ bill, 1962(as introduced in lok sabha on 12th march, 1962) the goa, daman and diu (administration) bill, 1962 [as introduced in lok sabha]a bill to provide for the administration of the union territory qf goa, daman and diu and for matters connected therewith be it enacted by parliament in the thirteenth year of the republic of india as follows:-l (l) this act may be called the goa, daman and diu (ad- s~rt title ministration) act, 1962 =encemcc:~ s (2) it shall be deemed to have come into force on the 5th day of march, 1962 2 in this' act, unless the context otherwise requires,-(a) "administrator" means the administrator of goa, daman and diu appointed by the president under article 239 of the 10 constitution; (b) "appointed day" means the twentieth day of december, 1961j (c) "goa, daman and diu" means the union territory of gal, daman and diu is 3 (1) there shall be allotted two seats to the union territory of ::~~enr:be goa, daman and diu in the house of the people houle of me people (2) in the representation of the people act 1950,-(a) in section 4, in sub-section (1) after the words clto dadra and nagar haveli", the words "to goa, daman and diu" 20 shall be insertedj (b) in the first schedule,-(i) after entry 22, the following entry shall be inserted, , namely:-"23· goa, daman and diu 2"; (ii) entries 23 and 24 shall be re-numbered as entries 24 and 25 respectively 5 (3) in the representation of the people act, 1951, in section 4, ·0 of 19si - after the words "to dadra and nagar haveli", the words "to goa, daman and diu" shall be inserted =-~ 4 without prejudice to the powers of the central government to 10 in relat: appoint from time to time such officers and authorities as may he ~~ necessary for the administration of goa, daman and diu, all judges, diu magistrates and other officers and authorities who, immediately before the commencement of this act, were exercising lawful function!i in t'loddeetion with the administration of goa, daman and diu or' 15 any part thereof, shall, unless otherwise directed at any time by the central government in relation to any such judge, magistrate or other officer or authcrity, or until other provision is made by law, eontinue to exercise in connection with such administration their respective functions in the same manner and to the same extent as 20 before such commencement with such altered designation, if any, as that government may determine comima"cc 5 (1) all laws in force immediately before the appointed d1v in of ~ goa, daman and diu or any part thereof shall continue to be in force ::: pta- therein until amended or repealed by a competent legislature or 25 other competent authority (2) for the purpose of facilitating the application of any such law in relation to the administration of goa, daman and diu as a union terri~ory and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution, the central 30 government may, within two years from the appointed day, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or expedient and 'thereupon, every such law shall have effect subject' to the adaptations and modifications so made 35 power to 6 the central government may, by notification in the official extend en- gazette, extend with such restrictions or modifications as it thinks ~er,~~ fit, to goa, daman and diu any enactment which is in forte in a state pi diu at the date of the notification - 7 as from such date as the central government may, by noti- &tenlif:lol fication in the official gazette, specify, the jurisdiction of the high ~ ~'fac:: court at bombay shall extend to goa, daman and diu bay ~ courtto_v didws aad diu 8 for the purpose of facilitating the application of any law in power to s relation to goa, daman and diu, any court or other authority may ;:~e construe any such law in such manner not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority 9 (1) all things done and all action taken (including any acts of validation of 10 executive authority, proceedings, decrees and sentences) in or with certain acrespect to goa, daman and diu on or after the appointed day and :::= ~ before the commencement of this act, by the administrator or any ofticen for other officer, whether civil or military, or by any: other certain acti person acting under the orders of the administrator or such 15 officer, which have been done or taken in good faith and in a reasonable belief that they were necessary for the peace and good government of goa, daman and diu shall be as valid and operative as if they had been done or taken in accordance with law (2) no suit or other legal proceeding whatsoever, whether civil 20 or criminal, shall lie in any court of law against the administrator or any other officer of government, whether civil or military, or against any other person acting under the orders of the adininistrator or such other officer for, or on account of, or in ~espect of, anything done or any action taken in goa, daman and diu or any part thereat 25 on or after the appointed day and before the commencement of this act which has been done or taken in good faith and in a reasonable belief that it was necessary for the peace and good government of goa, daman and diu: provided that if any such ~uit or other legal proceeding has been 30 instituted before the commencement of this act, it shall, on such commencement, abate 10 (1) if any difficulty arises in giving effect to the provisions of power to rethis act 9r in connection with the administration of goa, daman and =ti:~ diu, the central government may, by order, make such further pro-35 vision as appears to it to be necessary or expedient for removing the difficulty (2) any order under sub-section (1) may be made so as to be retrospective to any date not earlier than the appointed day 11 (1) the goa, daman and diu (administration) ordinance'repeal ijid 40 1982, is hereby repealed avldl :& of 1962 (2) notwitmtaftding such repeal, anything done or any action taken in exercise of any of the powers conferred by or under the baid ordinance shull be deemed to have been done or teken in exercise of the powers conferred by or under this act on 'the acquisition of the territories of goa, daman 'and diu 'with effect from the 20th december, 1961, these 'territories have, 'b1~ vtme of sub-clause (c) of clause (3) of 1il1:icle 1 of t~ cenftftutioni'lman comprised within the territory of india from that date -ana ~ei1"-t'e being administered as a union telritary by the president ,through an administrator in accordance with article 239 of, the constit,ii~f~' 2 it was necessary to take immediately eertain ~ measures in regard to the administration of goa, deman &ad diu~jas for example, continuance of existing laws and provision·of indemajty to the administrator and his subordinates against· action' takan:by -them in good faith these proposals have to be givenetfecfto b¥ ii law of parliament as parliament was 'not ih·session '8jld m it 'was considered necessary to take immediate action, the ·goa, ·daman·\;and diu (administration) ordinance, 1962 (no2 of 1962) was prq~ulgated to provide for these administrative measures' ,, 3 the present bill seeks to replace the ordinance by a& actt of parliament it seeks to make provisions relating to the appointment of officers, continuance of existing laws until amended or repealed, extension of enactments in force in a state to goa, daman and diu and also to make provisions for indemnity to the administrator and his officers against action taken by them in good faith the bill further provides for the representation of the union territory of goa, daman and diu in the lok sabha and for the extension of the jurisdiction of the high court at bombay to that union territory jawaharlal nehru on the acquisition of the territories 01 goa, daman and diu with - effect from the 20th december, 1961, these territories have, by virtue of sub-clause 4<:) of clause (3) of article 1 of the constitution, been comprised within the territory of india from that date the bill provic;iing for the administration of the union territory of goa, ljaman and diu seeks to make necessary provisions relating to the appointment of officers, the continuance of existing laws and their modiftcation, the extension of indian laws to goa, daman and diu, ~tc 2 as a result of the reunion of goa, daman and diu with india, the receipts and expenditure of the areas in question have been amalgamated with the consolidated fund of india estimates for the year 1961&2 and 1962-63 have been prepared it is expected that an expenditure of rs l' 58 crores would be incurred during the period 20th december, 1961 to 31st march, 1962 and an expenditure of rs 5'28 crores would be incurred during the year 1962-63 receipts have been estimated 18t rs l' 39 crores for the period 20th december, 1961 to 31st march, 1962 and rs 5'01 crores for the year 1962-63 3 it has not been possible so far to ascertain the assets and liabilities left by the portuguese administration these are being worked out a billto provide for the administration of the union territory of goa, daman and diu and for matters connected therewith (shri jafj}(jharlal nehru, minister oj external affairs)

Parliament_bills

bb422fa8-c0a9-50b5-9d52-324af0be42c4

bill no 309 of 2016 the constitution (amendment) bill, 2016 by shri bhartruhari mahtab, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—amendment of article 1242 in article 124 of the constitution,(a) in clause (2),—5(i) for the words "on the recommendation of the national judicial appointments commission referred to in article 124a", the words "after consultation with the chief justice of india and four senior most judges of the supreme court" shall be substituted; and(ii) after the proviso, the following explanation shall be added at the end, namely:—10"explanation—in this clause, 'consultation' means taking opinion or views in a merely advisory manner without any compulsion to act in accordance with the advice tendered during the course of such consultation";(b) the existing clause (2a) shall be renumbered as clause (2b) and before clause (2b) as so renumbered, the following clause shall be inserted, namely:—15"(2a) the appointment of the chief justice of india shall be made on the basis of seniority"3 article 124a, 124b and 124c shall be omittedomission of articles 124a, 124b and 124c4 in article 217 of the constitution, in clause (1),—amendment of article 21720(a) for the words "every judge of a high court shall be appointed by the president by warrant under his hand and seal on the recommendation of the national judicial appointments commission referred to in article 124a", the words "every judge of a high court, including the chief justice, shall be appointed by the president by warrant under his hand and seal after consultation with the chief justice of india, two senior most judges of the supreme court, the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court" shall be substituted; and25(b) after the proviso, the following explanation shall be added at the end, namely:—"explanation—in this clause, 'consultation' means taking opinion or views in a merely advisory manner without any compulsion to act in accordance with the advice tendered during the course of such consultation"30 statement of objects and reasonsthe indian constitution aims to establish an independent judiciary; for the judiciary entrusted with the power of judicial review cannot perform its functions without any fear or favour unless it is kept outside realm of control of the executive and the legislature towards this end, the constitution, as originally enacted, provided that the appointment of judges to the supreme court and the high courts shall be made by the president through a consultative process in which, inter alia, the chief justice of india and, in case of appointment of a judge to a high court, the chief justice of that high court shall be consulted what the constitution envisaged, therefore, was essentially a participatory consultative process for selecting the best and most suitable persons for appointment to the higher judiciary it was so held by the supreme court in sp gupta vs union of india (1982)however, the constitutional provisions regarding appointment to the higher judiciary were almost rewritten by the supreme court in supreme court advocates-on-record vsunion of india (1993), where the court held that in case of any conflict, the opinion of the chief justice of india, formed after consulting two senior most judges of the supreme court, shall have primacy over the others and no appointment can be made unless it is in conformity with the opinion of the chief justice of india as 'consultation' under articles 124 and 217 means 'concurrence'the scope of consultation with the chief justice of india was further widened by the supreme court in its opinion in presidential reference under article 143 in 1998 the court held that the chief justice was required to consult, in case of appointment to the supreme court, a collegium of four senior most judges of the supreme court, and in case of appointment to the high courts, two senior most judges of the supreme court and among others, the chief justice of the concerned high court and other judges of the supreme court and the high courtthe balance between the authority of the executive and the judiciary was sought to be restored by the constitution (ninety-ninth amendment) act, 2014, which ushered in the mechanism of national judicial appointments commission to make appointments to the higher judiciary the amendment was, however, struck down by the supreme court in supreme court advocates-on-record vs union of india (2015) thus, the collegium system has been restored, though the court held that "the present collegium system lacks transparency, accountability and objectivity"amid a situation where the balance of power has been tilted in favour of the judiciary vis-a-vis judicial appointments, it would be wise to recollect what dr br ambedkar had said during debates in the constituent assembly on 24th may, 1949:—"it would be dangerous to leave the appointments to be made by the president, without any kind of reservation or limitation, that is to say, merely on the advice of the executive of the day and i think, to allow the chief justice practically a veto upon the appointment of judges is really to transfer the authority to the chief justice which we are not prepared to vest in the president or the government of the day i, therefore, think that is also a dangerous proposition " it would, therefore, be prudent to accept a middle path where both the institutions, namely the executive and judiciary, are able to remove the imperfections in the decision making of the other in the matters of appointment to higher judiciarywith the above objectives in view, the bill seeks to amend the constitution with a view to provide that while the president has to consult the chief justice of india and other judges of the supreme court and the chief justice of the high court in case of appointment of the judge of the supreme court or the high court, as the case may be, the president shall not be under compulsion to act according to the advice tendered after such consultationhence this billnew delhi;bhartruhari mahtabnovember 4, 2016 annexure extract from the constitution of india 124 (1) there shall be a supreme court of india consisting of a chief justice of india and, until parliament by law prescribes a larger number, of no more than seven other judgesestablishment and constitution of supreme court(2) every judge of the supreme court shall be appointed by the president by warrant under his hand and seal on the recommendation of the national judicial appointments commission referred to in article 124a and shall hold office until he attains the age of sixtyfive years:provided that—(a) a judge may, by writing under his hand addressed to the president, resign his office; (b) a judge may be removed from his office in the manner provided in clause (4)(2a) the age of a judge of the supreme court shall be determined by such authority and in such manner as parliament may be law provide 124a (1) there shall be a commission to be known at the national judicial appointments commission consisting of the following, namely:—national judicial appointments commission(a) the chief justice of india, chairperson, ex-officio; (b) two other senior judges of the supreme court next to the chief justice of india—members, ex-officio;(c) the union minister in charge of law and justice - member, ex officio; (d) two eminent persons to be nominated by the committee consisting of the prime minister, the chief justice of india and the leader of opposition in the house of the people or where there is no such leader of opposition, then, the leader of single largest opposition party in the house of the people—members:provided that one of the eminent person shall be nominated from amongst the persons belonging to the scheduled caste, the scheduled tribes, other backward classes, minorities or women: provided further that an eminent persons shall be nominated for a period of three years and shall not be eligible for renomination (2) no act or proceedings of the national judicial appointments commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the commission124b it shall be the duty of the national judicial appointments commission to—functions of commission(a) recommend persons for appointment as chief justice of india, judges of the supreme court, chief justices of high courts and other judges of high courts;(b) recommend transfer of chief justice and other judges of high courts from one high court to any other high court; and(c) ensure that the person recommended is of ability and integritypower of parliament to make law124c parliament may, by law, regulate the procedure for the appointment of chief justice of india and other judges of the supreme court and chief justices and other judges of high courts and empower the commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered by it appointment and conditions of the office of a judge of a high court217 (1) every judge of a high court shall be appointed by the president by warrant under his hand and seal on the recommendation of the national judicial appointments commission referred to in article 124a, and shall hold office, in the case of an additional or acting judge, as provided in article 224, and in any other case, until he attains the age of sixty two years:provided that - (a) a judge may, by writing under his hand addressed to the president, resign his office;(b) a judge may be removed from his office by the president in the manner provided in clause (4) of article 124 for the removal of a judge of the supreme court;(c) the office of a judge shall be vacated by his being appointed by the president to be a judge of the supreme court or by his being transferred by the president to any other high court within the territory of india ———— a billfurther to amend the constitution of india————(shri bhartruhari mahtab, mp)gmgipmrnd—3276ls(s3)—30-11-2016

Parliament_bills

ad1f1e04-111e-5386-b4c5-7cab873724a2

the antiquities (export control) amendment , bill, 1965 : a billfurther to amend the antiquities (export control) act, 1947 be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 (1) this act may ,be called the antiquities (export control) short amendment act, 1965 title me! cnmmence-5 (2) it shall come into force on such date as the central govern· menl ment may, by notification in the offtcial gezette, appoint - ' 11 at imt z in section 2 of the antiquities (export control) act, 1947 amea4-(hereinafter referred to as the principal act),-ment of (a) for clause (a), the following clause shall be substituted, action 2-10 namely:-- (a) "antiquity" includes-(1) (i) any coin, sculpture, epigraph or other work of art or craftsmanahip, (ii) any article, object or thinl detached frod1 a buildina or cave, (iii) any article, object or thing illuatrative of science, art, crafts, literature, religion, cultoms, mon1a or politics in bygone ages, s (i'v) any article, object or thing of historical interest, ('v) any article, object or thing declared by the central government, by notification in the 01bcial gazette, to be an antiquity for the purposes of tiiia act, which has been in existence ,for not less than one bund- 10 red years; and (ii) any manuscript, record or other document which is of scientific, historical, literary or aesthetic value which has been in existence for dot leas than seventy-five years;'; is (b) after dause (4), the following elause shall be idaerted, namely:-j '(04) "board" means the board constituted under section 3d;'; (c) after clause (b), the following clauses shall be inserted~ 20 namely:-' '(c) "licensing committee" means an antiquities licensing committee constituted under sectioa 3a; (d) "prescribed" means ' prescribed by nalei made under this act' 25 ~_ 3 for section 3 of the principal act, the following ljec'tioaa aball tuiiaq of be substituted, namely:-~ ~ dew~ tioafor eetion 3 "3 no person shall export any antiquiq ekel)t under and in accord'ance with a licence granted under this act ~~­~q(, export without licence antiqultiel licensini commlttee 3a (1) the central govemment may, by dohctlod in '30 the ofllelal gazette, constitlltel at m piiiees ai' it may deem nee '" aa antiq~ lu;ensin, c~t_, conutilqr of two or more pedods who, in ita epbdo-, ve ii)mdal jmowledp in matters reltine to antlqulti • (2) the number and the term of o6;lce of, the manner of ftlling casual vacancies among, the proeedure to be followed in the djsc:harge of their functions by, the aalaries and allbwances payable to and other matters connected with, th~ members of a licensing committee shall be sqch as may be prescribed 38 (1) for the p1ll'polle of hearinc appeals from the orden antiquiof llcea n, committees, the ceatnl gov8i'iuiiedt may, by tiel appel-doti8catt_ in tile 0ib:ial gasette, eoaatitute a board to be called ~ the antiquities appellate board 10 (2) the board shall consist of the foll'owlng members, namely:-(a) such number of members not exceeding five, as the central government may think fit to appoint to the board to represent-! is (i) the national museum; (ii) the archaeological survey of india; (iii) the national archives of india; and :10 (w) such other interests as, in the opinion of the central government, ought to be represented on the board; (b) not more than two members ~ted in such manner as may be prescribed by the members ippointed under clause (4) (3) the central government shall nominate one of the members appointed under clau!@ (4) of sub-section (2) to be the chairman of the 1!oard (4) the term of aftice of, the manner of filung casual vacancies among, the procedure to be followed in the discharge of their functions by, the salaries and allowances payable to and other matters connected with, the members of the board shall be such as may be prescribed - -3$ 3c (1) any person desiring to export any antiquity may gndtot apply in such form and together with such fees as may be pres- been_ eribed to a licensing committee for the grant at - licence etc (2) on receipt of an application under sub-lec:tion (1), the licensing committee may, after conducting an inquiry in such manner as may be prescribed-(a) grant a licence, subject to such conditi0n8 (includin, a condition for the deuv~ by ~'e applicant, at his own expense, to the central government, a replica, copy or other __ r~production of such size and nature as may be spec:lfted, of the antiquity) as it may deem ilt; or (b) refuse, for reasons to be recorded in writing, to ~ta~~ s (3) the licensing committee shall not impose any condition for the delivery of ~y replica, copy or other reproduction under clause (a) of sulb-section (2) unless it is satisfied that it is necessary for p~s of record and reference to keep such replica, copy or other reproduction 10 power to determine whether or not an article iaan antiqlllty appeals 3d (1) any person who is in doubt as to whether any article,' object or thing which he intends to export, or which is intended or about to be exported is or is not an antiquity for the purposes of this act, may refer the question, in such manner' as may be prescribed, to a licensing committee for a decision is (2) the licensing committee shall, after conducting an inquiry in such manner as may be prescribed, decide for reasons to be recorded in writing whether the article, object or thing in respect of which a reference has been made to it under subsection (1) is or is not an antiquity for the purposes of this act 20 3e (1) any person aggrieved by a condition imposed under " clause (a) of sub-section (2) of section 3c or by an order made under clause (b) of that sub-section or by a decision given under seetion 3d may· prefer an, appeal in sljch manner and within such time as may be prescribed to the board 25 (2) on receipt of an appeal under subsection (1) , the board may, after giving an opportunity to the ~ppellant to be heard and after making ~chinquiry, as may be ,necessary, pass such order as it thinks fit and the order of the board shall be final"' 30 substi-4 for section 4 of the principal act, the following section shall tiltionof be substituted, namely:"""; -\ newaection for-tlon '-appucatlon of ad 52 of 1962 "4 the customs act, 1962 shall have effect in relation' to an antiquities the export of which is probibi~ed under s~c~on 3, save in so far as that act is inconslstent with the prov1~10ns of 3s this act and, elccept that, the provisions of section 125 of that act notwithstanding, any confiscation authorised under that act' shall be· made, unless the central government, on an appucation to it in tlult behalf, otherwise directs" s in aection 5 of the principal act, in 8ub-section (1), for the amencl----words and figures "sea customs act, 1878, as applied by section 4", ment of the wards and figures "customs act, 1962" shall be substituted aectioll i • for section 6 of the principal act, the following bection shad subrti-s be substituted, namely: _ tution oil dewmic-tiollfor ectfon 8 10 '6 (1) if the person committing an offence under this act oj!ences is a company, every person who, at the time the offence was bycomcommitted was in oharge of, and was responsible to, the com- pam pany for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be uable to be proceeded against and punished accordingly: is provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised au due diligence to prevent the commission of such offence 20 (2) notwithstanding anything contained in sub-section (1), where an offence under this act bas been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that tbe commissic?n of the offence is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other ofbcer shall also be deemed to be guilty of that offence and shall be liable to, be proceeded against and punished acaordingly ezpzanation-for the purposes of this section,-(a) "company" means a body corporate and fnclud~ a firm or other association of ,individuals; and (b) "director", in relation to a firm, means , p~ner in 30 the ftrm' '1 in section 7 of the principal act, for sub-section (2), the fol-amed4-lowing sub-sections shall be substituted, namely: -ment at iect10d , cc (2) in particular and without prejudic~ to the genera1it! of the foregoing power, such rules may provide for-35 (4) the number and the term of offtce of, tlnt manner of fullng casual vacancies among, the procedure to be fal-, ~, '::' 'j ,'" , , ~ ~ ~-~,- - - -~-- ~ \ : ",low~d ~ the disch~ge ~t their functions by the _aries ,and auowances payable to and' other j!dattelb c01dlected with, the members of licedbiilg committees; , \" • ''', ; , (b ~ the term of oftlce of, the lnaluter of ftrung diiual vacancies among, the procedure to be followed in the diacha!rge o~ their functions by, the salaries and' allowances payable to and other matters corinected with the members of the board; , ,,' i' :' " ~ ' - ' - - ~: ' (c) the fann of application for the grant of a licence under section sc, the fees pa~ble and the manner in which 10 ,an inquiry may be made in respect of such applications; (d) the manner in which any questiqn may be refer:-red udder section 3d; (~) the form and manner and the time within which appeals may be preferred under section 3e and the man- is ner in which an inquiry may be made in respect of such appeals; and (j) any other matter which is to be, may be, or is re- quired to ·be, prescribed under this act (3) every rule made under this act shall be laid as soon 20 as may be after it is made, before each house of parliament while it is in session for a total period of tliirty days w~ch ~y be comprise4 in one session or in two suceeasive sessions, an~ if, before the expiry of the sesaio!! in which it is 10 laid or the session immediately lollowijig, both houaea agree in making 25 ~y 'modification ,in th~ rule or both houses agree" that the rule ~hould' not hi! made, the rule shah thereafter have eflect o~y i~ such modlfied 'form or be of nolfleet, as- the ease may be; so, however, that ey sueh modiftcatlon or andulment shall be without prejudice to 'the' validity of , "anythia, previously 3~ done udder that rule" 8 ,after section 7 of the principal act the following section shall be inserted, namely:-inaertt0ll, of new ' iectiion 7a u7a- the centra[ government may, for purposes of record '" and reference make or take photographic or other copies or 35 reproductions 'of replicas, copies or other nproductions c:je- livered to it under this act" power to " make ' , copies , or repro ,',ducuqns -·ot~u-, ·cils;';'etc dellverect tocentnl gov81'd:- , ' , ' , menl , " the antiquities (export control) act, 1m7 was mtdedto pr0-vide for 'control of the export of valuable objectives o1ntiqu4lriul_'o~ ) historical interest experience ~ the working of the aet hu"abown ~t it is necessary to amend \he act in certain r,e ' -2 udder the act, the power to arut bcen<;ea for export of ~ti~ qtdues ia ~ ill the central government add the directoj: generii· of arahaaology is mthoriaec:l to-·4ecide whether ad article idtedded' fol' gpol!t sa an antiquity ~ dot b the purpoaes of the act in- the cfreumstancea all applieationa for sport of antiquities bmre tebe releiftd to' the director general of azchaeology this creates dui-" culties for the intending· esporters md tile customs authorities besides consuming a great deal of time it is, therefore,propo&ed to· constitute licensing committees, at silc'h places as it may be deemed necessary, for the purpose of detennfnfng whether an article is an antiq!uity or not and also for granting licences for the export of antiquities it is also proposed to provide for an appellate authority to hear appeals from the orders of such lfcenafng committees 3 it is necessary to pres~ in the counuy copies, repijcm qr other reproductions of important antiquities allowed to be exported it ia proposed to jj18ke suitable ~o~ions for ~ purpose , 4 a coidldittee on arcblvallegislation set up by ,the ~ of education recommended that it would be desirable to bring &1q)ressly witbia tae purview of th~ act records and documepts, etc it is now p1'!oijoseci to bring records and documents of hiitorical, u_ryor ,_betk value wbichhavetbeen in eldstence fqr not less th~ aeveutyftve years within the purview of the act , , - 5 the bill seeks to achieve the above objects m c chagla new delhi; the 24th february, 1965 proposed section 3a (1ride cla~e 3) provides for the constitution of antiquities· licensing committees at such places as the central government may deem necessary proposed section 3b (tride clause 3) provides for the constitution of appellate board for the purpose of hearing appeals from the orders of licensing committees ordinarily, the existing government ofticers will be 'appointed 88 mem, beri of the said committees and the said board however, the poeaibility of non-ofticials being appointed thereto cannot be ruled out ~us, some' expenditure may be involved from the conaoudated fund of india while it is ~ot possible to give any exact indication of such expenditure at this stage, it is considered tba~, such expenditure may come to about rs· 25~ooo per annum president's ·recommendation under article 117 of the constitution of india[copy of letter no f4-11/63-c3/i, dated the 24th february, 1965 from 8hri m c chagla, minister of education to the secretary, ~k sabha] the president having been informed of the subject matter of the bill further to amend the antiquities (export control) act, 1947, recommends under article 117 (3) of the constitution the consideration of the bill in the lok sabha ~randum regarding delegated legislation ' clause 7 of the bill amends section 7 of the act to empower the central government to make rules in relation to certaijl additional matters the additional matters relate inter cdi4 to the number and term of otice of the members of antiqui~ lleenslng cbduditb!es' and of the antiquities appellate board, the procedure to be fbut)-w ed by, the manner of filling casual vacancies among, the aalaries and allowances payable to such ,membel's 8ild:the manner in which inqwries ttlay be mde lh respect of ap9licattojis for grant of licences and in respect of appeals preferred' from o~ o'l lieensing committees til 1ila1:ter4 pertabl to prondure, fum or detail and, as iuch, the delegation of legislative power is of a normal ~baracter extbacts nom tid almquitirs (export coln'bol) ac:r, 1947(31 01' 1947) i ' - - - - - - 2 ~ this act" unl_ ~ere is anything repu~ant iyl the sub;ect or ~~,_ ,,0-a'! , ~ (0) "antiquity" includes-, (i) any coin, sculp~, ma;~~ript, epigraph, or other work of art or craftsmanship, ' (ii) any article, object or thing detached from a building or cave, (iii) any article, object or thing illuatrative of idence, art, crafts, literature, religion, customs, morals or poutics in bygone ages, (it7) any article, object or thing declared by the central government by notification in the oftlcial gazette to be an antiquity for the purposes of this act,-which has been in existence for not lesarthan one hundred yeara; - - - - 3 no person shall export any antiquity except under the authority of a licence granted by the central government proju-bitiollgt elipol't app1iatioll of act 8at 1878 " all antiquities the export of which is prohibited under aection 3 shah be deemed to be goods of which the export bu heed prohibited under section 19 of the sea customs act, 18'18, and all the - ciit 18'11 jj provisions of that act shan have e1!ect accordingly, except that, the provisions of section 183 of that act notwithstanding, any confiscation authorised under that act shall be made, unless the central govemment, on appucation to it in such behalf, otherwise directs 5 (1) if any person exports at attempts to export an adtiquity in contravention of section 3, he shall, without prejudice to an, confiscation or penalty to which he may be hable under the pro'risiona of the sea customs act, 1878 as applied by section f, be punlsh- i al 1871 able with imprisonment for a term which may extend te one month, or with fine which may extend to five thousand rupees, or with both - - • if any question arises whether any article, object or thing hi power· td or is not an antiquity for the purposes of this act, it shall be referred detendide to the director general of archaeology in india, and bls decision w~ or _ thereon &hall be flnal -----------------uti is_ u~ 7 (1)· - - power to makerm-(2) in particular and without prejudice to the generauty of the foregoing power, such rules may prescribe the procedure for granting licences for the export of antiquities, and fix the fees payable on applications therefor a bill further to amend the antiquities (export control) act, 1947 "" • j ••• --- (shri mc chagla, r minisur 0/ education)

Parliament_bills

7bf8996a-34e9-54d6-98da-7d4f69d68b81

lok sabha corrigenda tothe punjab legislative council (abolition) bill, 1969 (to be/as introduced in 10k sabha) 1 • page 2, in the marginal heading to clause 8,-t---' i2!: "pwern read -"power" 2 page 7, line 15 from-1r6'ttom,-for ~oustituencie5m read ~tuencies· --new delhi; jul'l22l~69 _---,asa<1ha 31, 1891 (saka) the punjab legislative council (aboln'ionj bill, [969 btllto provide for the aboutiolt 01 the leg18tativ1! co"~icil of the staie or punjab and for '"atters ~;upfjtementa1, hrcldental and tonseque-ntial t1wrero de it enacted by parliament in the twentieth year of the repubjte of india as follows:-:-1 (1) this aet may be called the punjab -z,jdlisla~'coul'lci1 (abbli-shol't tioa) act, 1969, title s (2) it shall come into force on such date as the cmtr! government and ecjtl'meft ~ eemmt may, by ftoufteatitm in tom official gazette, aj)i't'lnt 2 11'1 this act, unless· the ecntext othet'wise requires,---dllftnition~ 10 (a) "al'propriate government" means, as resp~ta a law relating to a matter el2umerated in list i in the sevmth schedule to the constitution, the central govetnment and as respects any fjtne'l' law, the state govemment; (b) "artic} means an rticte of the ccnstituttt'ln: --(c) ;c~uncil" means the legislative council of the state of punjab; (d) ulaw" includes any ejilactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or any part of the state of punjab; s (~) cclegislative assembly" means the legislative assembly of the state of punjab 3 (1) the legislative council of the state of punjab is hereby abolished abolition oftbe councu (2) on the abolition of the council, every member thereof shall cease 10 to be such member • in sub-clause (a) of clause (1) of article 168, the word 'c,punjab," shall be omitted amendmat of article 168 5 in the representation of the people act, 1950,-amendmentor act 43 of 1950 (4) in the third schedule, entry no 7 relating to punjab shall is be omitted; (b) in the fourth schedule, the heading "punjab" and the entries thereunder shall be omitted 6 the delimitation of council constituencies (punjab) order, 1951, is hereby repealed ;!o repeal of deli· mltation of council constituencies (punjab) order, 1951 7 (1) a bill pendinc in the council immetiiately before the commenoement of this act which has not been passed by the legislative assembly shall lapse on the abolition of the council proviaionaato pendin, billi (2) a bill pending in the council immediately before the commencement of this act which has been passed by the legislative assembly 2s shall not lapse on the abolition of the 'couneil, but on sueh abolition shall be deemed to have been passed before such commencement by both houles of the legiblature of the state of pudjab in the fonn in which it was passed by the legislative assembly :1 , , (3) if, ~il1 which having been passe'd by the legislative assembly 30 is, before the commencement of this act, either rejected by- the council or passed by the couneil with amendments, the legislative assembly may, after such ~ommencement, pass' the bill again with 'or without such amendments, if any, as have been made by the council and the bill so passed shall be ~eem~d to be a bill introd~~(;t' inan'd passed by the 35 leglilatfve asaemb]~ after the c~mmencement of this act, , pwerto adapt laws 8 the appropriate governmt>nt may, he(ol'e tllt' f'xpiration ot one year trom the commencement of this act by order, make such adaptations and modifications of any lew made before such commencement, whether by way of repeal or amendment as may be necessary or expedient in consequence of the abolition of the council under section 3, and thereupun every such law shall have effect subject t<1 the adaptations and modifications so made power to construe lawi s 9 notwithstanding that no provision or insufficient provision has been made under section 8 for the adaptation or modification of a law made before the commencement of this act, say court, tribunal or authority required or empowered to enforce such law may coastrue the law in such manner, without affecting the subst~nce, as may be necessary or proper 10 on account of the abolition of the council, in regartl to the matter before the court, tribunal or authority sta 'cbment of objects and reasonsunder article '169 ot the c'onstitut~n parl1ament may, by jawl pro vide tor the 'aboljtjoc ",f the legislative coundl of a state having s·ucq ii council, jt' the ~gtslauve assembly of the state passes a resolution to that effect by a majority of the total membership 0{ the assembly and by a majority moot jess than t~-thlrds of the mef'1lbers of the assem· bjy p!'esent and voting on 24th april, 1969, the legislative assembly of the state of punjab has passed a resolution, in tenns of article 169 of tl1~ corstitution, for the abolition of the legislative council of thft state in pursuance of this resolution, it is propose:! to abolish the uplative council of the state of punjab, the bill ~eki to give effect to this object and also pl'ovides foe matters supplemental, tnc1dental and ('onsequential to $uch abolition ~ "1j,ot'f' new dflfu; the 15t! j1t-i1/ 1969 f p govinda menon clause 8 of the bill empowers the appropriate government to make such adaptations and modifications of any law made before the commence· ment of the act as may be necessary or expedient in consequence of the abolition of the legislative council of the state of punjab under clauwe s this power will be availa hie only for a period of one year from th~ com· - mencement of the act the adaptations and motiifications cannot affect the substance of the laws adapted the delegauon of legislative power is ,f - dqrnlial character , <4 ,i extract from the constitutiqn of india'" - - - ~g8 (1) for every state there shall be a legislature which shall consis~ of the governor, and couti-\utlonof lepta tures in states (4) in the states of andhra pradesh; bihar, madhya pradelih, , tamil naiu, maharashtra, mysore, punjab, uttar pradesh and west bengal, two houses; - - - - - extracts from the representation of the people act, 1950- - (43 of 1950) - - - the third schedule (see section 10) allocation of seats in the legislative councils | name | of | state ||------------|---------|----------|| total | | || number | | || 10 | | || be elecled | or | || nominated | | || under | article | || sub- | | || sub- | | || culuse | | || c1lluije | | || (d) | | || (e) | | || 6 | | || 7 | | || number | | || 171(3) | | || of | seats | || ---- | | || sub- | sub- | sub- || clause | | || clause | | || clause | | || (a) | | || (b) | | || (c) | | || ---------- | | || % | | || 3 | | || | | || 5 | | || - | | || - | | || - | | || - | | || - | | || 3 | | || 40 | | || 14 | | || 3 | | || - | | || - | | || - | | || 7 | punjao | || - | | || 14 | | || 6 | | || - | | | the fourth schedule[see section 27 (2) ] local authorities for purposes 01 elections to legi81ative councilt - - - - - punjab ' 1 municipalities / 2 panchayat samitil 3 cantonment boaxtls 5 notified area commtttees - - - - ~,~;) ~ 6 tne delimitation of council constituencies (punjab) order, 1951in pursuance of section 11 of the representati<lu of the people act) 1950 (43 of 1950), the president is pleased to make the following ortier, namely:-ill j 1 this order may be called the delimitation of council constituencies (punjab) order, 1951 2 the constituencies into which the state of punjab shall be divided for the purpose of elections to the legislative council of the state from (a) the graduates' constituencies, (b) the teachers' constituencies and (c) the local authorities' constituencies in the said state, the extent of each such constituency an'd the number of seats allotted to each su('h constituency shall be as shown in the following table:- :·1 name of consliluency extent of con3tilucn:y nu,~r ot aeats 3 graduatls' constiluelldes l punjllb north graduates amritsar, gumanpur and hoshiarpu( districts 2 p1:'njab central graduates fi"f07epur, kapurthala and jul\untur districts 3 punjab south graduliles ludhiallll rupar, p;ltiala, sangrur and bhatinda distric4s 're<lchers' ccmscillltnciej i punjab north teachers amritsar gurdaspur and hoshiarpur districts j'erorzepur, kapurthala ind juljundur z pun;al-) central teachers district~ 3 punjab south teachers ludhianll, rupar, ijatiala, san,rur and bhatinda districts lociji anthoritius i coustitut/lcies| amritsar | and | kapw·thala ||----------------------------|-------------------|---------------|| di~lric's | | || i | | || aauitsar-rum-kapurthala | lol:al | || authorities | - | || 2 | | || gurdaspuf | local authorities | || hoshiarpur | disrrict | || 4 | | || ho~hiarpur | | || local authorities | | || jullundur | district | || s | | || jullundur | | || local | | || aulhorities | | || ferotepur | district | || 6 | | || ferozepur | local authorities | || bhatinda | district | || 7 | | || bhatinda local authorities | | || sangrur | district | || ~ | | || sanarur | | || local authorities | | || ludhiana | district | || 2 | | || 9 | | || ludhiaoa | local authorities | || locili | | || patiala | and | rupar || 10 | | || i'atiala-c/tlll-rupar | | || authorities | | || -- | | || | | || - | | || ,---- | | || _- | | || - | | || ~ | | || | | || -~ | | || --- | | || ---- | | || ~ | | || - | | |3 any reference in this order t'o a district shall be construed as a reference to the area comprire<i within that dilltrict on tht" l!!t day of n()vf'lh-' " " ~ " " ber 1966, '" _ • - - a bill to provide for the abolition of the legislative councll of the stare of pull,ab and for matters supplemcntal~ incidental and consequential thereto, , ' i , ::i i (shrt p govintla mnlhn, allni,'trcr of law arid spcioj wrljarr)

Parliament_bills

5d51e166-0750-598f-9dad-c3f5a555e3b7

bill no 147 of 2015 the commission for the formation of the state of bundelkhand bill, 2015 by shri bhairon prasad mishra, mp a billto provide for the constitution of a commission for the formation of a separate state of bundelkhand by reorganization of the existing states of uttar pradesh and madhya pradesh and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—commencementdefinitions2 it this act, unless the context otherwise requires,—(a) bundelkhand includes the districts of hamirpur, mahoba, jhansi, lalitpur, jalaun, banda and chitrakoot districts of the state of uttar pradesh; and chattarpur, tikamgarh, panna, damoh, sagar and datia districts of the state of madhya pradesh; and5(b) "prescribed" means prescribed by rules made under this act3 the central government shall, by notification in the official gazette, constitute a commission to study and report on the formation of a separate state of bundelkhand by reorganization of the existing states of uttar pradesh and madhya pradeshcommission for the formation of a separate state of bundelkhand4 (1) the commission shall consist of:—10(i) a chairperson, who shall be a retired judge of the supreme court; and composition of the commission(ii) four members having at least ten years of experience in the field of social service in the bundelkhand region or having special knowledge in the field of regional development, to be appointed by the central government, in such manner, as may be prescribed15(2) the salary and allowances payable to, and other terms and conditions of service of, the chairperson and members of the commission shall be such as may be prescribed(3) the commission shall have its office at banda in the state of uttar pradesh (4) the central government shall provide such number of officers and staff to the commission as may be required for its efficient functioning205 (1) the commission shall perform such functions with regard to formation of a separate state of bundelkhand as may be assigned to it by the central governmentfunctions of the commission(2) without prejudice to the generality of the foregoing provision, the commission shall make recommendation on,—(i) allocation of assets to the proposed state of bundelkhand;25(ii) allocation of government employees and officers to the proposed state of bundelkhand;30(iii) in consultation with the election commission of india, delimitation of constituencies for elections to the house of the people and legislative assemblies of the states of uttar pradesh and madhya pradesh and the proposed state of bundelkhand; and(iv) allocation of water and natural resources to the proposed state of bundelkhand356 the central government shall, after due appropriation made by parliament by law in this behalf, provide to the commission such sums of money as the central government may think fit for the purposes of this actcentral government to provide adequate funds7 the commission shall have the power to secure the assistance of any office or agency under the administrative control of the existing states of uttar pradesh or madhya pradesh for carrying out the functions assigned to it under this actpower of the commission to call upon to secure assistance40term of the commission8 (1) the commission shall submit its report on the formation of a separate state of bundelkhand to the central government within a period of one year from the date of its first sitting:provided that the central government may, on a request made by the commission extend the time for submission of the report for such period, being not more than six months as it may deem appropriate9 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the actpower to make rules510(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsone of the poorest and backward regions in the country, bundelkhand in central india is a drought-prone area with limited natural resources, severe water scarcity, improper land planning and management, poor industrial development, limited livelihood options, gender discrimination and poor economic growth the people of this region have remained politically and economically separated from mainstream and have very low levels of economic and human developmentlack of information and awareness measures to empower communities, gender discrimination, exclusion of girls from education, inadequate skills and limited capacity building opportunities, poor access to development services, very little access to livelihoods and lack of collaborative action from different development agencies are the major issues that need to be addressed and resolvedthe region is economically and industrially one of the most backward region in indialack of resources, poor communications and infertile land are some of the reasons for under-development of the region since the early 1960s, there has been a movement for establishing a bundelkhand state for proper development of the region bundelkhand is geographically the central part of india covering some part of the state of madhya pradesh and some part of the state of uttar pradesh in spite of being rich in minerals, the people of bundelkhand are very poor and the region is underdeveloped and underrepresented in state and central politics there are several local parties and organisations—some are promoting further development of the region and some seeking separate statehoodbundelkhand region falls in and is being administered by two states the states of uttar pradesh and madhya pradesh possess different strategy and development orientation this is the root cause of all crisis the common region of bundelkhand is being administered by two different approaches now how this condition affects development can be illustrated by drawing one's attention towards ravine formation ravine formation is a natural process which gets accelerated when there is deforestation now both these states are having a separate policy regarding managing ravines so ravine formation is increasing while the authorities in the both states capital blame each otherthere are many other such examples but the root cause of all this is the lack of political organisation thus, the demand for a separate state of bundelkhand is being raised time and againthe people of bundelkhand have the right to claim political entity that will play pivotal role in shaping the destiny of this poorest region in the countryhence this billnew delhi;bhairon prasad mishramarch 26, 2015 financial memorandumclause 3 of the bill provides for the constitution of a commission for the formation of a separate state of bundelkhand clause 4 provides for the salary and allowances of the chairperson and members of the commission clause 6 provides for payment of funds to the commission by the central government the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty crore per annum would be involved a non-recurring expenditure of about rupees five crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the provisions of the billas the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a commission for the formation of a separate state of bundelkhand by reorganization of the existing states of uttar pradesh and madhya pradesh and for matters connected therewith————(shri bhairon prasad mishra, mp)gmgipmrnd—373ls(s3)—30-04-2015

Parliament_bills

b3498213-2357-5bf9-9100-095f9ad5fb40

bill no xix of 2007 the compulsory imparting of moral education in educational institutions bill, 2007 a billto provide for compulsory imparting of moral education in primary and secondary level of education in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the compulsory imparting of moral education in educational institutions, act, 2007short title, extent and commencement(2) it extends to the whole of india(3) it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—(a) "advisory council" means the council constituted under section (7);(b) "appropriate government" means, in the case of a state, the government of that state and in all other cases, the central government;(c) "educational institution" includes any school whether nursery, kg, primary, middle, secondary or senior secondary level, imparting education to child by whatever name such institution is called;(d) "moral education" means and includes education based on teaching of good principles and values cherished for years, ie regard and repute for elders, parents, teachers and guardians, etc setting reasonable standards of virtues and reinforcing discipline among students so that they can distinguish between right and wrong;(e) "prescribed" means prescribed by rules made under this act;3 from such date, as the central government may, by notification in the official gazette, specify, moral education shall be compulsorily imparted in all educational institutions upto secondary level4 the appropriate government shall, immediately after issuance of notification under section 3, issue directions for compulsorily imparting of moral education in all edcuational institutions, within its jurisdictioncompulsory moral education in educational institutions appropriate government to issue directions for compulsorily imparting moral educationderecognition of educational institutions5 the appropriate government shall derecognize such educational institution, which does not comply with the provisions of section (3) after giving such institution a reasonable opportunity of being heard6 subject to such rules as may be prescribed, the appropriate government shall appoint such number of teachers with such qualification as may be specified for imparting moral education to students upto secondary levelappointment of teachers for imparting moral education7 (1) the appropriate government shall, by notification in the official gazette, establish an advisory council in each district in such manner as may be prescribedestablishment and functions of advisory council(2) the council shall consist of such number of persons as may be prescribed which shall include persons having specialized knowledge of moral principles, values and experience of practicing morality(3) the council shall also frame schemes for providing:—(a) involvement of media, non-governmental organization and other agencies in providing moral education in schools(b) incentives to the teachers imparting moral education and the students showing keen interest in learning morality as may be specified(c) coordination with the appropriate government and school authorities with a view to ensuring effective implementation of the provisions of the act 8 the central government shall, after due appropriation made by law by parliament in this behalf provide adequate funds to the states for appointing teachers and other infrastructure required for the purpose of this actcentral government to provide fundsoverriding effect of the act9 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act, shall be in addition to and not in derogation of any other law for the time being in forcepower to make rules10 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonswith the growing modernization, there has been a sharp decline in the values which were cherished and practised from the time immemorial in indian society india has been known for its morality and sense of respect for elders, teachers and the helpless there was a time when moral education used to be an essential component of the education system at gurukuls and such other centres as a result, pupils grew stronger both intellectually and spiritually and influenced society as well as the state by their significant contributions however, with passage of time, these great values lost their place and were replaced by so called modern values reflected by day-to-day brawls between teachers and students, disrespect to elders and cases of abandonment of old parents by their greedy sonsa child learns from whatever he observes around and, therefore, society, parents and the state owe a duty to create an atmosphere in which children may have all round development moral education has become need of the day as social values, which have been prevalent, have shown rapid fall materialism has eclipsed spiritualism and cases of moral degradation are on rise today, there is no dearth of the news items covering incidents of rape of a daughter by her own father, molestation and eve teasing of minor girls, killing of old parents by their own sons, threatening of teachers by their students, etc it is commonly said that future of a nation lies in the hands of children so, it becomes all the more important to instill in children a sense of respect for moral values right from the stage a child enters school preparing a conducive atmosphere to learn moral values will have salutary effect on minds of school going children and when they will grow mature they can easily distinguish between the right and the wrong it is felt that voluntary action to promote moral values will not have the desired impact unless moral education is made a statutory requirement for all the educational institutionshence this billpramila bohidar financial memorandumclause 6 of the bill provides for appointment of teachers for imparting moral educationclause 7 of the bill provides for establishment of advisory council, which includes persons having specialized knowledge of moral principles, values and experience of practicing morality clause 8 provides that central government shall provide funds for the purposes of teachers and infrastructure the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees fifty crore will be required for the purpose non-recurring expenditure to the tune of rupees five crore will also be required memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for the purposes of this bill the rules will relate to matters of details onlythe delegation of legislative power is of a normal character rajya sabha———— a billto provide for compulsory imparting of moral education in primary and secondary level of education in the country and for matters connected therewith or incidental thereto————(ms pramila bohidar, mp)mgipmrnd—1768rs(s-3)—27-04-2007

Parliament_bills

841177e0-8ec2-5814-9ecb-f83fbae5ba76

bill no 19 of 2019 the prohibition of employment as manual scavengers and their rehabilitation (amendment) bill, 2019 by dr kirit premjibhai solanki, mp a billfurther to amend the prohibition of employment as manual scavengers and their rehabilitation act, 2013be it enacted by parliament in the seventieth year of the republic of india as follows:—(i) in sub-section (1)—(a) for clauses (d) and (e) the following clauses shall be substituted, namely:—5'(d) "hazardous cleaning" by an employee, in relation to sewer or septic tank means manually entering into a septic tank or sewer to manually clean it;10(e) "insanitary latrine" means a latrine which requires human excreta to be cleaned or otherwise handled manually, in situ, in an open drain or pit into which the excreta is discharged or flushed out, before the excreta fully decomposes; and (b) for part (a) of explanation to clause (g), the following part shall be substituted, namely—'(a) "engaged or employed" means being engaged or employed on a regular, contract, private, casual or daily wage basis or any other forms of employment;'15amendment of section 53 in section 5 of the principal act, in sub-section (2), in the second proviso, for the words "may give assistance", the words "shall give assistance" shall be substitutedamendment of section 64 in section 6 of the principal act, in sub-section (2), for the words "and shall be assigned work other than manual scavenging", the words "and shall be assigned nonscavenging dignified work" shall be substituted205 in section 13 of the principal act, in sub-section (1), amendment of section 13(i) in clause (a), after sub-clause (ii), the following shall be inserted, namely—25"(iii) a compensation, not less than rupees one lakh, in addition to cash assistance in sub-clause (ii), as one time cash payment on identification in the survey under section 12" (ii) for clause (b), the following shall be substituted, namely—"(b) "all the children of the manual scavenger shall be entitled to free education from primary to higher education including professional, doctoral and post-doctoral for one generation"30amendment of section 206 in section 20 of the principal act, in sub-section (2), in clause (b), the words 'he has reasonable cause to believe', shall be omitted7 in section 23 of the principal act, amendment of section 23(i) for sub-section (2), and explanation thereunder the following sub-section and explanation shall be substituted, namely—35"(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company, the director, manager, secretary or other officer of the company, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—40(a) "company" means any body corporate and includes a firm or other association of individuals;(b) "director" in relation to a firm, means a partner in the firm; and (c) public officials to be held accountable for non-implementation of this act, which shall be construed as dereliction of duty by the public official"8 in section 31 of the principal act,—amendment of section 31(i) in sub-section (1)—(a) in clause (b), for the words "enquire into complaints", the words"investigate into complaints" shall be substituted; and(b) after clause (d), the following clause shall be inserted, namely:—5"(e) to impose fine on a person, if found guilty, after investigation under clause (b), of contravening the provisions of this act"(ii) for sub-section (2), the following sub-section shall be substituted, namely:—"(2) in the discharge of its functions under sub-section (1), the national commission shall have the power to—10(a) call for information with respect to any matter specified in that sub-section from any government or local or other authority; and(b) summon and enforce the attendance of any person from any part of india and examine him on oath" statement of objects and reasonsthe prohibition of employment as manual scavengers and their rehabilitation act, 2013was enacted to prohibit employment as manual scavengers and for rehabilitation of manual scavengers and their families the bill aims to correct the deficiencies in the principal act and recognizes that manual scavenging in itself is a hazardous activity, even if done with or without protective gear protective gears given to scavengers are of poor quality and they have to manually clean sewers or septic tanks which is a violation of human dignity and fundamental rights as enshrined in the constitution this bill also makes the state government duly accountable and responsible to provide proper sanitation to people people who are identified as manual scavengers under this act, their children will be imparted free education from the primary to post-doctoral level for one generation, an extremely pertinent step required to undo the historical injustices they have been subjected toit recognizes not just contract workers but also people who work on daily wage basis or any other form of employment and perform such prohibited in law the bill makes liable every company, private or public official under the central, state or local authority who employs any person as manual scavengers under the act and make it a punishable offence this step becomes essential for proper implementation of this law as it is widely known that the government bodies employ and aid the casteist practice of manual scavenging the national commission for safai karamcharis is empowered to monitor and enquire into the complaints regarding the contravention of the provisions of this act but no one has been punished even if the accused is found guilty by the commission due to inherent lacuna in the act it is, therefore, necessary that the national commission for safai karamcharis be empowered to summon the accused, investigate into the complaints, and impose fine on the accused, if found guilty on completion of investigation in the matterhence, this bill new delhi;kirit premjibhai solankijanuary, 17, 2019 financial memorandumclause 5 of the bill provides for compensation to be paid to manual scavengers it also provides for providing free education to children of manual scavengers the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees one hundred crore per annum will be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be involved annexure extract from the prohibition of employment as manual scavengers and their rehabilitation (amendment) act, 2013 (act no 25 of 2013)2 (1) in this act, unless the context otherwise requires,—definitions [10] m c(d) "hazardous cleaning" by an employee, in relation to a sewer or septic tank, means its manual cleaning by such employee without the employer fulfilling his obligations to provide protective gear and other cleaning devices and ensuring observance of safety precautions, as may be prescribed or provided in any other law, for the time being in force or rules made thereunder;(e) "insanitary latrine" means a latrine which requires human excreta to be cleaned or otherwise handled manually, either in situ, or in an open drain or pit into which the excreta is discharged or flushed out, before the excreta fully decomposes in such manner as may be prescribed: provided that a water flush latrine in a railway passenger coach, when cleaned by an employee with the help of such devices and using such protective gear, as the central government may notify in this behalf, shall not be deemed to be an insanitary latrine [10] m c(g) "manual scavenger" means a person engaged or employed, at the commencement of this act or at any time thereafter, by an individual or a local authority or an agency or a contractor, for manually cleaning, carrying, disposing of, or otherwise handling in any manner, human excreta in an insanitary latrine or in an open drain or pit into which the human excreta from the insanitary latrines is disposed of, or on a railway track or in such other spaces or premises, as the central government or a state government may notify, before the excreta fully decomposes in such manner as may be prescribed, and the expression "manual scavenging" shall be construed accordinglyexplanation—for the purpose of this clause,— (a) "engaged or employed" means being engaged or employed on a regular or contract basis;(b) a person engaged or employed to clean excreta with the help of such devices and using such protective gear, as the central government may notify in this behalf, shall not be deemed to be a 'manual scavenger'; [10] m c5 (1) (2) every insanitary latrine existing on the date of commencement of this act, shall either be demolished or be converted into a sanitary latrine, by the occupier at his own cost, before the expiry of the period so specified in clause (b) of sub-section (1) of section 4:prohibition of insanitary latrines and employment and engagement of manual scavengerprovided that where there are several occupiers in relation to an insanitary latrine, the liability to demolish or convert it shall lie with,—(a) the owner of the premises, in case one of the occupiers happens to be the owner; and(b) all the occupiers, jointly and severally, in all other cases:provided that the state government may give assistance for conversion of insanitary latrines into sanitary latrines to occupiers from such categories of persons and on such scale, as it may, by notification, specify:provided further that non-receipt of state assistance shall not be a valid ground to maintain or use an insanitary latrine, beyond the said period of nine months 6 (1) contract's, agreement, etc, to be void(2) notwithstanding anything contained in sub-section (1), no person employed or engaged as a manual scavenger on a full-time basis shall be retrenched by his employer, but shall be retained, subject to his willingness, in employment on at least the same emoluments, and shall be assigned work other than manual scavenging 13 (1) any person included in the final list of manual scavengers published in pursuance of sub-section (6) of section 11 or added thereto in pursuance of sub-section (3) of section 12, shall be rehabilitated in the following manner, namely:—(a) he shall be given, within one month,—rehabilitation of persons identified as manual scavengers by a municipality(i) a photo identity card, containing, inter alia, details of all members of his family dependent on him, and(ii) such initial, one time, cash assistance, as may be prescribed;(b) his children shall be entitled to scholarship as per the relevant scheme of the central government or the state government or the local authorities, as the case may be; 20 (1) appointment of inspectors and their powers(2) subject to any rules made in this behalf, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any premises or place for the purpose of,—(a) (b) examine any person whom he finds in such premises or place and who, he has reasonable cause to believe, is employed as a manual scavenger therein, or is otherwise in a position to furnish information about compliance or non-compliance with the provisions of this act and the rules made thereunder; [10] m c23 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means anybody corporate and includes a firm or other association of individuals; and(b) "director" in relation to a firm, means a partner in the firm 31 the national commission for safai karamcharis shall perform the following functions, namely:—(a) to monitor the implementation of this act;function of national commission for safai karamcharis(b) to enquire into complaints regarding contravention of the provisions of this act, and to convey its findings to the concerned authorities with recommendations requiring further action;(c) to advise the central and the state governments for effective implementation of the provisions of this act; and(d) to take suo motu notice of matter relating to non-implementation of this act ———— a billto amend the prohibition of employment as manual scavengers and their rehabilitation act, 2013————(dr kirit premjibhai solanki, mp)mgipmrnd—3299ls(s3)—31-01-2019

Parliament_bills

05e7d7ca-f3cc-51d5-81a8-93cc518ac308

bill no 68 of 2010 the constitution (amendment) bill, 2010 byshri om prakash yadav, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2010 2 after article 45 of the constitution, the following article shall be inserted, namely:—insertion of new article 45aprotection of children from corporal punishmentthe age of eighteen years" statement of objects and reasons"we reaffirm our obligation to take action to promote and protect the right of each child—every human living below the age of 18 years, including the adolescents we are determined to respect the dignity and to secure the well-being of all children" these are the words from the declaration adopted by the special session on children of the united nations general assembly, which met in new york in may, 2002 and attended by representatives of 190 countries from all over the worldthe united nations general assembly urged upon governments to take all possible steps as part of achieving millennium development goals, to provide children affection, love and care so that the future generation would grow in a friendly and healthy atmosphere where they will develop their personality in an atmosphere of dignityin this context, it is very important that children are protected from all forms of corporal punishments by anyone, including the parents and teachersby amending the constitution, india ensures that the dignity of children will be given utmost respect and contributes greatly in achieving the millennium development goalshence this billnew delhi;om prakash yadavmay 10, 2010 lok sabha———————— a billfurther to amend the constitution of india————(shri om prakash yadav, mp)gmgipmrnd—2701ls(s4)—05-07-2010

Parliament_bills

02df97c9-fd57-573a-8c4c-cd3fd12637f4

the wealth-tax bill, 1957(as introduced in l« sabha) arrangement of claus chapl'er i priuuilfailyclauildil , 1 short title, extent and eommeneement 2 definitions c!!api'er ii charge of wiial'l'h-tax and aiisftii su1ijzct to va •• _3 charge of wealth-tax 4 net wealth to include certain assets 5 exemptions in respect of certain assets 6 exclusion of assets and debts outside india 7 value of assets, how to be determined chapter iii wealth-tax authoiiitmb8 wealth-tax officers 9 appellate assistant commissioners o! wealth-tax 10 commissioners of wealth-tax u inspecting assistant commissioners of wealth-tax 12 wealth-tax officers to be subordinate to the commwsioll1r el wealth-tax and the inspecting assistant commillioner 01 wealth-tax 13 wealth-tax authorities to follow orders, etc of the board chapter iv14 return of wealth 15 return after due date and amendment of a'tura 16 assessment 17 wealth escapine' assessment 18 penalty for concealment chapl'er v liuillty to assessment in spbclal cases ouuas 18 tax of deceased person payable by legal representative20 assessment after partition of a hindu undivided family ~1 assessment when assets are held by courts of wards, admini5' trators-general, etc 2! assessment of persons not resident in india chapter vi appeals, revisions and references23 appeal to the appellate assistant commissioner from orders of wealth-tax officers 24 appeal to the appellate tribunal from orders of the appellate assistant commissioners 25 power of commissioner to revise orderl of wealth-tax oftlcers in the interests of revenue from orders of enhance- 26 appeal to;t th· ppellate tribunal ment by co ssioners 27 reference to-- igh court 28 hearing by high court 29 appeal to supreme court chapter vii payment and recovery of wealth-tax30 notice of demand 31 recovery of tax and penalties 32 mode of recovery 33 liability of transferees of properties from assessees in certain cases 34 restrictjons on registration of transfers of immovable property in certain cases chapter viti miscellanjious35 rectification' of mistakes 36 prosecutions 37 power to take evidence on oath, etc 3& information returns and statements 39 effect ot transfer of authorities on pendinlprocmdin 10 computation of perioda of limitation 41 service of notice 42 prohibition of disclolure of information 43 bar of jurisdiction 44 appearance before wealth-tax· authorities by authoriled representativet 45 act not te apply in certain cases 46 power to make rules the schedule the w~alth-tax bill, 1957 (as introduced in lok sabha) a billto prot)ide for the let)y of wealth-tax chapter iplmliminary 1 (1) this act may be called the wealth-tax act, 1957 (z) it extends to the whole of india short title atent idd commencement (3) it shall be deemed to have come into force on the 1st day of april, 1957 5 z in this act, unless the co1'ftext otherwise requires,-definition& (a) 'adviser' means a person appointed by the central government to exercise the functions of an adviser under subsection (10) of section 24; (b) 'appellate assistant commissioner' means a person ie empowered to exercise the functions of an appellate assistant commissioner of wealth-tax under section 9; (c) 'appellate tribunal' means the appellate tribunal appointed under section 5a of the income-tax act; (d) 'assessee' means a person by whom wealth-tax or any is other sum of money is payable under this act, and includes every person in respect of whom any proceeding under this act has been taken for the assessment of the value of his assets; (e) 'assessment year' means the year for which tax is chargeable under c;ection 3; i , (f) 'assets' includes property of every description, movablt! or immovable, but does not include-(i) agricultural land and growing crops, grass or standina trees on such land; (ii) any building owned or occupied by a cultivator or s receiver of rent or revenue out of agricultural land: provided that the building is on or in the immediate vicinity of the land and is a building which the cultivator or the receiver of rent or revenue by reason of his connection with the land requires as a dwelling-house or a store-houlie 10 or an out-house; (iii) live-stock, tools and implements needed for the raising of agricultural produce; (iv) the right to any annuity or any interest in property where such annuity or interest is available to an assessee for is a period not exceeding five years; (g) 'board' means the central board of revenue constituted under the central board of revenue act, 1924; of 1~2+ (h) 'commissioner' means a person empowered to exercise the functions of a commissioner of wealth-tax under section 10; 20 (i) 'company' means a company as defined in section 3 of th~ companies act, 1956, and includes a foreign company within tht! i of ip,," meaning of section 591 of that act; (j) 'executor' means an eiecutor or administrator of the estate of a deceased person; :as (k) 'income-tax act' means the indian income-tax act, 1922; ii of 19u, (1) 'income-tax officer' means a person appointed to be an income-tax officer under the income-tax act; (m) 'inspecting assistant commissioner of wealth-tax' means a person empowered to be an inspecting assistant com- 30 missioner of wealth-tax under section 11; (n) 'net wealth' means the amount by which the aggregate value computed in accordance with the provisions vf this act of all the assets, wherev~r located, belonging· to the assessee on the valuation date, including assets required to be included in 35 his net wealth as on that date under this act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date other than debts which under section 6 are not to be taken into account; (0) 'prescribed' means prescribed by rules made under this act; \ (p) 'principal officer', used with reference to a company, means the secretary, manager, managing agent 6r managing s director of the company, and includes any person connected with the management of the affairs of the company upon whom the wealth-tax officer has served a notice of his intention of treating him as the principal officer thereof; (q) 'valuation date', in relation to any year fer which an 10 assessment is to be made under this act, means the last day of the previous year as defined in clause (11) of section 2 of the income-tax act if an assessment were to be made under that act for that year: is provided that where in the case of an assessee there are different previous years under the income-tax act for different sources of income, the valuation date for the purposes of this act shall be the last day of the previous year immediately preceding the year for which the assessment is to be made; 54 of 1953 (r) 'valuer' means a valuer appointed under section 4 of the estate duty act, 1953; \ 20 (8) 'wealth-tax officer' means the income-tax officer authorised to perform the functions of a wealth-tax officer under section 8 chapter ii 205 charge of wealth-tax and assets subject to such charge3 subject to the other provisions contained in this act, there ~_~ shall be charged for every financial year commencing on and from the first day of april, 1957, a tax (hereinafter referred to as wealthtax) in respect of the net wealth on the corresponding valuation 30 date of every individual, hindu undivided family and company at the rate or rates specified in the schedule , (1) in computing the net wealth of an individual, there shall ne~ wealth - to mclude be included,-certain (a) the value of assets which on the valuation date are assets 305 held-(i) by his wife to whom such assets have been transferred by the individual, directly or indirectly, otherwise than for adequate consideration or in connection with an agreement to live separately, or 40 (ii) by a minor child not being a married daughter to whom such assets have been transferred by the individual otherwise than for adequate consideration, or (iii) by a person or association of persona to whom such assets have been transferred by the individual otherwise than for adequate consideration for the beneftt of the individual or his wife or minor child, or (iv) by a person or association of persons to whom such s assets have been transferred by the individual otherwise than under an irrevocable transfer; (b) where the assessee is a partner in a firm or a member of an association of individuals, the value of his interest in the assets of the firm or association determined in the prescribed 10 manner (2) where the value of any assets is to be included in the net wealth of an assessee in accordance with clause (<<) of sub-section (1), there shall be deducted from such value any debts owing on the valuation date by the transferee mentioned in that sub-section in is so far as such debts are referable to the assets 5 wealth-tax shall not be payable by an assessee in respect of-exemption in reapect of certainuscts (i) any property held by him under trust or other legal obligation for religious or charitable purposes within india; (ii) the interest of the assessee in the coparcenary property 20 of any hindu undivided family of which he is a member; (iii) any works of art, archeological, scientific or art collections, books, manuscripts or heirlooms belonging to the assessee and not intended for sale; (iv) the right of the assessee to receive a pension or other as life annuity in respect of past service under an employer; (v) the rights under any' pa~nt or copyright belonging to the assessee: provided that they are not held by him as assets of a business, profession or vocation and no income or benefit accrues 30 to him therefrom; (vi) domestic animals and furniture, household utensils, wearing apparel, jewellery, provisions and other articles intended for the personal or household use of the assessee, subject to a maximum of twenty-five thousand rupees in value; 3s (vii) the right or interest of the assessee in any policy of insurance before the moneys covered by the policies actually become due and payable to the assessee; (viii) the tools and instruments necessary to enable the assessee to carryon his profession or vocation, subject to a 40 maximum of two thousand pod dve hundred rupees in value; (ix) ten year treasury savings deposit certificates, fifteen year annuity certificates, deposits in post office savings banks, post ofbce caab certificates and post office national savings certificates held by the assessee; s (x) any deposit made by the assessee with the government or in any security of the government or of a local authority dot specified in clause (ix) which the central government may, by notification in the official gazette, exempt from wealth-tax: provided that the valu~ of any deposit or security so 10 exetl\pted shall be included in computing the net wealth of an assessee; 19 of 1925 is (xi) the amount standing to the credit of an assessee, being a salaried employee, in any provident fund maintained by his employer to whioh the provident funds act, 1925, applies or which is a recognised provident fund within the meaning of chapter ixa of the income-tax act; (xii) the property received by an assessee from governmel'lt in pursuance of any gallantry award instituted or approved by the central government 20 6 in computing the net wealth of an individual who is not a bxcluaienf citizen of india on the valuation date, or of a hindu undivided family, d!be: :t~ or company not resident in india during the year ending on the side lnala valuation date, the value of the assets and debts located outside india shall not be taken into account 25 explanation i-a hindu undivided family shall be deemed to be resident in india during the year ending on the valuation date in all cases except where the control and management of its affairs during that year is situated wholly without india explanation ii-a company shall be deemed to be resident in 30 india during the year ending on the valuation date if during that year the control and management of its affairs is situated wholly in india 7 (1) the value of any asset, other than cash, for the purposes valueof of this act shall be estimated to be the price which in the opinion:i:' j:w 3' of the wealth-tax officer it would fetch if sold in the open market tezmine4 on the valuation date - (2) notwithstanding anything contained in sub-section (1) ,- 40·(a) where the assessee is carrying on a business for which accounts are maintained by him regularly, the wealth-tax officer may, instead of determining separately the value of each asset held by the assessee in such business, determine the net value of the assets of the business as a whole having regard to the balance-sheet of such business as on the valuation date and making such adjustments therein as the circumstances of the case may require; (b) where the assessee carrying on the business is a s company not resident in india and a computation in accordance with clause (a) c:annot be made by reason of the absence of any separate balance-sheet drawn up for the affairs of such business in india, the wealth-tax officer may take the net value of the assets of the business in india to be that' proportion of the net 10 value of the assets of the business as a whole wherever carried on determined as aforesaid as the income arising from the business in india during the year ending with the valuation date bears to the aggregate income from the business wherever is arising during that year chapter iii wealth-tax authorities s every income-tax officer having jurisdiction or exercising powers as such under the income-tax act in respect of any individual, zo hindu undivided family or company shall perform the functions of a wealth-tax officer under this act in respect of such individual, hindu undivided family or company ' 9 the board may empower as many persons as it thinks fit to exercise under this act the functions of an appellate assistant 25 commissioner of wealth-tax, and on being so empowered the appellate assistant commissioners shall perform their functions in respect of such areas or such classes of persons as the board may direct, and where such directions have assigned to two or more appellate assistant commissioners the same area or the same classes of persons they shall perform their functions in accordance with 30 such orders as the board may make for the distribution and allocation of the werk to be performed 10 the board may empower as many persons as it thinks fit to exercise under this act the functions of a commissioner of wealthtax, and on being so empowered the commissioners of wealth-tax 35 shall perform their functions in respect of such areas or such classes of persoils as the board may direct, and where such directions have assigned to two or more commissioners the same area or the same classes of' persons they shall have- concurreat jurisdiction subject to such oiders, if any, as the board may make for 'the distribution and 40 allocation of the work to be performed " 11 the commissioner of wealth-tax may empower as many persons as he thinks fit to exercise under this act the' functions of an inspecting assistarit comm,issloner of wealth-tax, 'ahd on- being so empowered the inspecting assistant commissioners of wealth-~ax 45 shall perform their functions in respect of such areas or such classes of persons 81 the commissioner may direct, and where suah directions have assigned to two or more inspecting assistant commissioners the same area or the same classes of persons they shall perform their functions in accordance with such orders as the commissioner s may make for the distribution and allocation of the work to be performed 12 the wealth-tax officers shall be subordinate to the com- wealth-tax missioner of wealth-tax and the inspecting assistant commissioner ~~ of wealth-tax within whose jurisdiction they perform their functions ~!i~he lioner of wealth-tax aad the id!" pcc:ting ai-liltlnt com misaioner of wealth tax jc 13 all officers and other persons employed in this act shall observe and follow the orders, directions of the board: the execution of wealth-tax t t' :j authorities ids ruc ions ana to follow ordera, etc of the provided that no orders, instructions or directions shall be given board by the board so as to interfere with the discretion of the appellate is assistant commissioner of wealth-tax in the exercise of his appellate functions chapter ivassessment 't 14 (1) every person whose nelt wealth on the valuation date was ltetum en 20 of such an amount as to render him liable to wealth-tax under this wealth act shall, before, the thirtieth day of june of the corresponding assessment year, furnish to the wealth-tax officer a return in the prescribed form and verified in the prescribed manner settins forth his net wealth as on that valuation date: ' 25 provided that for the assessment year commencing pn the first day of april, 1957, the return may be made at any time before the thirty-first day of december, 1957 (2) if the wealth-tax officer is satisfied that the net wealth of any person is of such an amount as to render him liable to wealth-30 tax: ~der this act, then, notwithstanding anything contained in su1>-section (1), he rnay serve a notice upon such person requiring him to furnish within such period, not being less than thirty days, as may be specified in the notice, a return in the prescribed form and verified in the prescribed manner and setting forth such other 35 particulars as may be required in the notice, the net wealth of such person as on the valuation date mentioned in the notice (9) the wealth-tax officer may, if he is satisfied that it 1& necefsary so to do, extend the date for the delivery of the return under this section rctura aftet clue dltte and amen4-mentof return 15 if any person has not furnished a return within the time allowed under section 14, or having furnished a return under that ~ section discovers any omission or a wrong statement therein, he ma, furnish a return or a revised return, as the case may be, at any time before the assessment is made aiseaaeat 16 (1) if the wealth-tax officer is satisfied without requiring the presence of the assessee or production by him of any evidence that ic a return made under section 14 is complete, he shall assess the ne; wealth of the assessee and determine the amount payable by him as wealth-tax (2) if the wealth-tax officer is not so satisfied, he shall serve a notice on the assessee either to attend in person at his office on a is date to be specified in the notice or to produce or cause to be produced on that date any evidence on which the assessee may rely in support of his return (3) the wealth-tax officer, after hearing such evidence as the person may produce and such other evidence as he may require on 20 any specified points shall, by order in writing, assess the net wealth of the assessee and determine the amount payable by him as wealthtax (4) for the purpose of making an assessment under this act the' wealth-tax officer may serve on any person, whether he has made a 2s return or not, a notice requiring him to produce or cause to be preduced on a date specified in the notice such accounts, records or ether documents as the wealth-tax officer may require (5) if any person fails to make a return in response to any noti(:e under sub-section (2) gf section 14, or fails to comply with the terms 3c of any notice issued under sub-section (2) or sub-section (4), the wpj;>lth-tax officer shall make the assessment to the best of his judgment and determine the amount payable by the person as wealth-tax on the basis of such assessment 17 if the wealth-tax officer-yeajta --r aslolllfte8t (a) has reason to believe that by reason of the omission or failure on the part of the assessee to make a return of his ,n::t wealth under section 14 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for that year, the net wealth chargeable to tax has eeeaped <40 assessment for that year, whether by reason of under-assessmeat er aasesrment at too iowa rate or otherwise; or (b) has, in consequence of any information in his possession, reason to believe, notwithstanding that there has been no such omiiision or failure as is referred to in clause (a), that the net wealth chargeable to tax has escaped assessment for any year, s whether by reason of under-assessment or assessment at too iowa rate or otherwise; he may, in cases falling under clause (a) at any time, and in cases falling under clause (b) at any time within six years of the end of that assessment year, serve on the assessee a notice containing ull 10 or any of the requirements which may be included in a notice under sub-section (2) of section 14, and may proceed to assess or re-assess such net wealth, and the provisions of this act shall, so far as may be, apply as if the notice had issued under that sub-section 18 (1) if the wealth-tax officer is satisfied that any person-pciiilty for conclelllmeui 15 (a) has without reasonable cause failed to furnish the return of his net wealth which he is required to furnish under sub-section (1) or sub-section (2) of section 14 or section 17 or has without reasonable cause failed to furnish it within the time allowed and in the manner required; or 20 (b) has without reasonable cause failed to comply with a notice under sub-section (2) or sub-section (4) of section 16; or (c) has concealed the particulars of his assets or deliberately furnished inaccurate particulars of his assets or debts; he may, by order in writing, direct that such person shall pay by way 2, of penalty-(i) in the case referred to in clause (a), in addition to the amount of wealth-tax payable by him, a sum not exceeding oneand-a-half times the amount of such tax, and (ii) in the case referred to in clause (b) or clause (c), in addi-30 tion to the amount of wealth-tax payable by him, a sum not exceeding one-and-a-half times the amount of the tax, if any, which would have been avoided if the net wealth:returned by such person had been accepted as correct (2) no order shall be made under sub-section (1) unless the persen 35 concerned has been given a reasonable opportunity of being heard (3) no prosecution for an offence under this act shall be instituted in respect of the same facts in relation to which a penalty has been imposed under this section (4) the wealth-tax officer shall not impose any penalty under 40 this section without the previous approval of the inspecting assistant commissioner of wealth-tax chapl'er v liability to assessment in special casestu of dec:eucd penon payable by lepl rcpreaentatift 19 (1) where a person dies, his executor, administrator or other legal representative shall be liable to payout of the estate of the deceased person, to the extent to which the estate is capable of meet- 5 ing the charge, the wealth-tax assessed as payable by such person, or any tax which would have been payable by him under this act if he had not died (2) where a person dies without having furnished a return under the provisions of section 14 or after having fumished a return which 10 the wealth-tax officer has reason to believe to be incorrect or incomplete, the wealth-tax officer may make an assessment of the net wealth of such person and determine the wealth-tax payable by the person on the basis of such assessment, and for this purpose may, by the issue of the appropriate notice which would have had is to be served upon the deceased person if he had survived, require from the executor, administrator or other legal representative of the deceased person any accounts, documents or other evidence which might under the provisions of section 16 have been required from the deceased person (3) the provisions of section 15 shall apply to an executor, administrator or other legal representative as they apply to any person referred to in that section asieildlcdt after partition of a hindu undivided family zo (1) where, at thb time' of making an assessment, it is brought to the notice of the wealth-tax officer that a partition has taken as place among the members of a hindu undivided family, and the wealth-tax officer, after inquiry, is satisfied that such partition has taken place, he shall make assessments on the net wealth of the undivided family as such for the assessment year or years including the year relevant to the previous year if the partition has taken place on 30 the last day of the pr~vious year, and each member or group of members shail be liable jointly and severally for the tax assessed on the net wealth of the joint family as such (2) where the weath-tax· officer is not so satisfied, he may, by order, declare that such family shall be deemed for the purposes 35 of this act to continue to be a hindu undivided family liable to be assessed as such alleument 21 (1) in the case of assets chargeable to tax under this act :e~jdb'; which are held by a court· of wards or an administrator-general = ~_ or an official trustee or any receiver or manager or any other person, 40 m!'!~ton by whatever name called, appointed under any order of a court to 1_- etc manaie property on behalt of another, or any trustee appointn under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including a trustee und~r a valid deed of wakf), the wealth-tax shall be levied upon and recoverable from the court of wards, administrator-general, oftlcial s trustee, receiver, manager or trustee, as the case may be, in the like manner and to the same extent as it would be leviable upon and recoverable from the person on whose behalf the assem are held, and the provisions of this act shall apply accordingly , (2) nothing contained in sub-section (1) shall prevent either the 10 direct assessment of the person on whose behalf the assets above referred to are held, or the recovery from such person of the tax payable in respect of such assets (3) where the guardian or trustee of any person being a minor, lunatic or idiot (all of which persons are hereinafter in this sub-15 section included in the term 'beneficiary') holds any assets on behalf at such beneficiary, the tax under this act shall be levied upon and recoverable from such guardian or trustee, as the case may be, in the like manner and to the same extent as it would be leviable upon and recoverable from any such beneficiary if of full age or sound :jo mind arid in direct ownership of such assets (4) notwithstanding anything contained in this section, where the shares of the persons on whose behalf any such assets are held are indeterminate or unknown, the wealth-tax may be levied upon and recovered from the court of wards, administrator-general, official 25 trustee, receiver, manag~r or other person aforesaid as if the persons on whose behalf the assets are held were an individual for the purposes of this act 22 (1) where the person liable to tax under this act is not aalel8llw1t resident in india, the tax may be levied upon and recovered from ~ r!ir: 30 his agent, and the agent shall be deemed to be, for all the purposes in india of this act, the assessee in respect of such tax (2) any person employed by or on behalf of a person referred to in sub-section (1) or through whom such person is in the receipt of any income, profits or gains, or who is in possession or has 35 custody of any asset of such person and upon whom the wealth-tax officer has caused a notice to be served of his intention of treating him as the agent of such person shall, for the purposes of sub-section (1), be deemed to be the agent of such person· provided that no person shall be deemed to be the agent of 40 another under this section unless he has had an opportunity of being heard by the wealth-tax officer as to his being treated as such chapter viappeal to the appellate allistant commillioner frqul onlcn of wea1thtax ofticcn appeals, revisions and references 23 (1) any person,-(a) objecting to the amount of his net wealth determined under this act; or 5 (b) objecting to the amount of wealth-tax determined as payable by him under this act; or (c) denying his liability to be assessed under this act; or (d) objecting to any penalty imposed by the wealth-tax officer under section 18; or 10 (e) objecting to any order of the wealth-tax officer under sub-section (2) of section 20; may appeal to the appellate assistant commissioner against the assessment or order, as the case may be, in the prescribed form and verified in the prescribed manner 15 (2) an appeal shall be presented within thirty days of the receipt of the notice of demand relating to the assessment or penalty objected to, or the date on which any order objected to, is communicated to him, but the appellate assistant comm:ssiojler may admit an appeal after the exp:ration of the period aforesaid if he 20 is satisfied that the appellant had sufficient cause for not presenting the appeal within that period (3) the appellate assistant commissioner shall fix a day and place for the hearing of the appeal and may from time to time adjourn the hearing \ 25 (4) the appellate assistant commissioner may, before disposing ~f any appeal, make such further inquiry as he thinks fit or cause further inquiry to be made by the wealth-tax officer (5) any order passed by the appellate assistant commissioner on appeal may include an order enhancing the assessment or 30 penalty: provided that no order enhancing the assessment or penalty shall be made unless the person affected thereby has been given· a reasonable opportunity of showing callie against such enhancement (6) a copy of every order passed by the appellate assistaat 3' commissioner under this section shall be forwarded to the appellant and the commissioner -\i'peal to z4 (1) any assessee ebjecting to an order passed by an appellate ~ri~ assistant commissioner under section 23 may appeal to the appellate from orders tribunal within sixty days of the date on which he is served with 40 of the appellate notice of such order asliatarlt commiteieoen (2) the commissioner may, if he is not satisfied as to the correctness of any order passed by an appellate assistant commissioner under section 23, direct the wealth-tax officer to appeal to the appellate tribunal against such order, and such appeal may 5 be made at any time before the expiry of sixty days of the date on which the order is communicated to the commissioner (3) an appeal to the appellate tribunal shall be in the prescribed form and shall be varified in the prescribed manner and shall, except in the case of an appeal referred to in sub-section (2), be accompanied 10 by a fee of one hundred rupees (4) the appellate tribunal may, after giving both parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, and any such orders may include an order enhancing the assessment or penalty: 15 provided that no order enhancing an assessment or penalty shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement (5) where the appellant objects to the valuation of any immovable property, the appellate tribunal may, and if the appellant so 20 requires shall, refer the question of disputed value to the arbitration of a committee consisting of a valuer and an adviser appointed by the board in this behalf, and the tribunal shall, so far as that question is concerned, pass its orders under sub-section (4) cod-formably to the decision of the committee: 25 provided that if there is a difference of opinion between the two members of the committee of arbitration, the matter shall be referred by the tribunal to another valuer appointed by the board and the \ decision of that valuer on the question of valuation shall be final (6) the costs of any arbitration proceeding under sub-section (5) 30 shall be borne by the central government or the assessee, as the case may be, at whose instance the question was referred to the committee: provided that where the assessee has been wholly or, partially successful in any reference made at his instance, the extent to which 35 the costs should be borne by the assessee shall be at the discretion of the appellate tribunal (7) a copy of every order passed by the appellate tribuna1 under this section shall be forwarded to the assessee and the commissioner <40 (8) save as provided in section 27, any order passed by the appellate tribunal on appeal shall be final (9) the provisions of sub-sections (5), (7) and (8) of section 5a of the income-tax act shall apply to the appellate tribunal in the discharge of its functions under this act as they apply to it in the discharge of its functions under the income-tax act (10) for the purposes of this section the central government 5 shall draw up for every such area as may be prescri~ed a list of persons familiar with property values in that area, and any of these persons may be appointed to exercise the functions of an adviser under this section in relation to the area for which he is appointed power of 25 (1) the commissioner may call for and examine the record 10 ~m:u:~ r of any proceeding under this act and, if he considers that any order ~w~~~ passed therein by a wealth-tax officer is erroneous in so far as it ~ ~cen is prejudicial to the interests of revenue, he may, after giving the :!::~ ~-assessee an opportunity of being heard and after making or causing revcdue:~ to be made such inquiry as he deems necessary, pass such orders is thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment or cancelling it, and directing a fresh assessment (2) no order shall be made under sub-section (1) after the expiry of two years from the date of the order sought to be revised 20 (3) if in the course of any proceedings under this section a question arises as to the valuation of any immovable property, the commissioner may, and if the assessee so requires shall, before passing any order under this section, refer the question of such valuation to the arbitration of a committee consisting of a valuer 25 and an adviser appointed by the board in this behalf, and the commissioner shall, so far as that question is concerned, pass his order under this section conformably to the decision of the committee (4) the provisions of sub-sections (5), (6) and (8~ of section 24 shall apply in relation to any such reference as they apply in rela- 30 tlon io any reference made by the appellate tribunal under thai tection appel \"0 26 (1) any assessee objecting to an order of enhancement made ri~ by the commissioner under section 25 may appeal to the appellate from orden tribunal within sixty days of the date on which the order is com- 35 of· ~ t d h' mcot by munlca e to 1m ~=-(2) an appeal to the appellate tribunal under suo-section (1) shall be in the prescribed fonn and shall be verified in the prescribed manner and shall be accompanied by a fee of rupees one hundred (3) the tribunal may, 'after giving the appellant an opportunity 40 ~ being heard, pass such order thereon as it thinks fit, and shall communicate any such order to the assessee and to the commissioner 27 (1) within nmety days of the date upon which he is served reference with an order under section 24 or section 26, the assessee may ~~ present an application in the prescribed form accompanied by a fee of one hundred rupees to the appellate tribunal requiring the s appellate tribunal to refer to the high court any question of law arifling out of such order, and the appellate tribunal shall, if in its opinion a question of law arises out of such order, state the case for the opinion of the high court (2) an application under sub-section (1) may be admitted after 10 the expiry of the period of ninety days aforesaid if the tribunal is satisfied that there was sufficient cause for not presenting it within the said period (3) if, on an application made under sub-section (1), the appellate tribunal,-is (a) refuses to state a case on the ground that no question of law arises; or \ (b) rejects it on the ground that it is time barred; the applicant may, within three months from the date on which he is served with a notice of refusal or rejection,as the case may 20 be, apply to the high court, and the high court may, if it is not satisfied with the correctness of the decision of the appellate tribunal, require the appellate tribunal to state the case to the high court, and on receipt of such requisition the appellate tribunal shall state the case: as provided that, if in any case where the appellate tribunal has been required by an applicant to state a case the appellate tribunal refuses to do so on the ground that no question of law arises, the applicant may, within thirty days from the date on which he receives notice of refusal to state the case, withdraw his application, and if 30 he does so, the fee paid by him under sub-section (1) shall be refunded to him (4) the statement to the high court shall set forth the facts, the determina~ion of the appellate tribunal and the question of law which arises out of the case 35 (5) if the high court is not satisfied that the case as stated is sufficient to enable it to determine the question of law raised thereby, it may require the arpellate tribunal to make such modification therein as it may direct (6) the high court, upon hearing any such case, shall decide 40 the question of law raised therein, and in doing so, may, if it think fit, alter the form of the question of law and shall deliver judgment thereon containing the ground on which such decision is founded and shall send a copy of the judgment under the seal of the court and the signature of the registrar to the appellate tribunal and the appellate tribunal shall pass such orders as are necessary to dispose ot the case conformably to such judgment (7) the costs' of any reference to the high court shall be in the discretion of the court s (8) section 5 of the indian limitation act, 1908, shall apply to 9 of 1901 an application to the high court undel' this section ~~by 28 when a case has been stated to the high court under section 27, i&h un it shall be heard by a bench of not less than two judges of the high court and shall be decided in accordance with the opinion of 10 such judges or of the majority of sueh judges, if any: provided that where thete is no such majority, the judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the judges of the high court, and such point shall be decided according to the is opinion of the majority of the judges who have heard the case, including those who first heard it 29 (1) an appeal shall lie to the supreme court from any judg-appeal to supreme court •• ~ent of the high court delivered on a case stated under section 27 in any case which the high court certifies as a fit case for appeal :ao to the supreme court (2) where the judgment of the high court is varied or reversed on appeal under this sectior, effect shall be given to the order of the supreme court in the manner provi~ed in sub-section (6) of ~~~ ~ (3) the high court may, on application made to it for the exe cution of any order of the supreme court in respect of any costs awarded by it, transmit the order for execution to any court subordinate to the high court chapter vii30 payment and recovery of wealth-taxnotice of demand 30 when any tax or penalty is due in consequence of any order passed under thir act, the wealth-tax officer shall serve upon the assessee or other person liable to pay such tax or penalty a notice of demand in the prescribed form specifying the sum so payable 3s and the time witnin which it shall be payable reco9ery of' 31 (1) any amount specifiied as payable in a notice of demand biz me! issued under section 30 shall be paid within the time, at the place, pcmaltica and to the person mentioned in the notice, or if no time is so mentioned, then on or before the first day of the second month following 40 the date of service of the notice, and any assessee failing so to pay shall be deemed to be in default (2) where an asses~ee has been assessed in respect of assets located in a country outside india, the laws of which prohibit or 5 restrict the remittance of money to india, the wealth-tax officer shall not treat the assessee as in default in respect of that part of the tax which is attributable to the assets in that country, and shall continue to treat the assessee as not in default in respect of that part of the tax until the prohibition or restriction of remittance is 10 removed (3) notwithstanding anything contained in this section, where an assessee has presented an appeal under section 23, the wealth-tax officer may in his discretion treat the assessee as not being in default as long as such appeal is undisposed of is 32 the provisions of sub-sections (1), (la), (2), (3), (4), (5), mode of (sa), (6) and (7) of section 46 of the income-tax act shall apply "s if recovery the said provisions were provisions of this act and referred to wealth-tax instead of to income-tax, and to wealth-tax officer and commissioner of wealth-tax instead of to income-tax officer and 20 commissioner of income-tax 33 (1) where by reason of the provisions contained in section 4, liability of transterees the value of any assets transferred to any of the persons mentioned of properin that section have to be included in the net wealth of an individual, ties ftom assessccs m the person in whose name such assets stand shall, notwithstanding certain c81e1 25 anything contained in any law to the contrary, be liable, on· the service of a notice of demand by the wealth-tax officer in this behalf, to pay that portion of the tax assessed on the assesse~ as is attributable to the value of the asset standing in his name as aforesaid: provided that where any such asset is held jointly by more than 30 one person, they shall be jointly and severally liable to pay the tax as is attributable to the value of the asset so jointly held (2) where any such person as is referred to in sub-section (1) defaults in making payment of any tax demanded from him, he shall be deemed to be an assessee in default in respect of such sum, and 3s all the provisions of this act relating to recovery shall apply accordingly 3'- where any document required to be registered under the restrictions provisions of clause (a), clause (b), clause (c) or clause (e) of sub- ti~nre:stra­section (1) of section 17 of the indian registration act, 1908, pur- transfers of h h h 1 immovable 40 ports to transfer, assign, limit or extmguls t e rig t, tit e or prop~rty in interest of any person to or in any property other than agricultural certaid <:aiel land valued at more than one lakh of rupees, no registering officer appointed under that act shall register any such document, unless the wealth-tax officer certifies that-(a) such person has either paid or made satisfactory provision for the payment of all existing or anticipated liabilities under this act, or s (b) the registration of the document will not prejudicially affect the recovery of any existing or anticipated liability under this act chapter viii miscellaneous' 10rectification of mistakes 35 at any time within four years from the date of any order passed by him, or it, the commissioner, the wealth-tax officer, the appellate assistant commissioner and the appellate tribunal may, on his, or its, own motion rectify any mistake apparent from the record and shall, within a like period, rectify any such mistake which 15 has been brought to the notice of the commissioner, the wealth-tax officer, the appellate assistant commissioner or the appellate tribunal, as the case may be, by an assessee: provided that no such rectification shall be made which has the effect of enhancing the assessment unless the assessee has been 20 given a reasonable opportunity of being heard in the matter prosecuuoiii 36 (1) if a person fails without reasonable cause,-(a) to furnish in due time any return mentioned in section 14; (b) to produce, or cause to be produced, on or before the date 25 mentioned in any notice under sub-section (2) or sub-section (4) of section 16 such accounts, records and documents as are referred to in the notice; he shall, on conviction before a magistrate be punishable with fine which may extend to ten rupees for every day during which the 30 default continues (2) if a person makes a statement in a verification mentioned in section 14 or section 17 or section 20 or section 24 which is false, and which he either knows or believes to be false, or does not believe to be true,' he shall be punishable with simple imprisonment which 3s may extend to one year, or with fine which may extend to one thousand rupees, or with both (3) a person shall not be proceeded against for an offence under this section except at the instance of the commissioner (4) the commissioner may either before or after the institution 40 of proceedings compound any such offence ezplanation-for the purposes of this section, 'magistrate' means a presidency magistrate, a magistrate of the first class or a magistrate of the second class specially empowered by the central government to try offences under this act , 37 the commissioner, the wealth-tax officer, the appellate assist- power to ant commissioner and the appellate tribunal shall, for the purposes ~eo:t~~ence of this act, have the same powers as are vested in a court under the etc 5 f 1901 code of civil procedure, 1908, when trying a suit in respect of the following matters, namely:-10 (a) enforcing the attendance of any person and examining him on oath; (b) requiring the djscovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses; 15 and any proceeding before the commissioner, the wealth-tax officer, the appellate assistant commissioner or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 45 of 1160 193 and 228 of the indian penal code - 38 where for the purposes of determining the wealth-tax payable intormation 20 by any person, it appears necessary for the wealth-tax officer to returns and bt t t f t' f ' d' 'd i o am any s a ement or m orma ion rom any m ivl ua, company, statements firm, hindu undivided family or other person, the wealth-tax officer may serve a notice requiring such individual, company, firm, hindu undivided family or other person, on or before a date to be therein 2s specified, to furnish such statement or information on the points specified in the notice, and the individual or the principal officer concerned or the manager of the hindu undivided family, as the case may be, shall, notwithstanding anything in any law to the contrary, be bound to furnish such statement or information to the ·wealth-tax 30 officer, 39 whenever in respect of any proceeding under this act my effect of wealth-tax authority ceases to exercise jurisdiction and is succeeded tranhsfe,r, of , h" d" h h' aut orltjes by another who has and exercises suc juris lcbon, t e aut onty !;o on pending succeeding may continue the proceeding from the stage at which ih~ proceedings, 35 proceeding was left by his predecessor, 40, in computing the period of limitation prescribed for an appeal computation under this act or for an application under section 27, the day on °of( ~e~taodtl~ , , , liml od which the order complained of was made and the tune requisite for obtainijll, a copy of such order shall be excluded service of notice 41 (1) a notice or a requisition under this act may be served on the person therein named either by post or as if it were a summons issued by a court under the code of civil procedure, 1908 (2) any such notice or requisition may, in the case of a firm ora hindu undivided family, be addressed to any member of the firm or s to the manager or any adult male member of the family, and in the case of any other association of persons be addressed to the principal officer thereof pfr°dish~bclition 42 (1) subject to the provisions contained in sub-section (2), the o osur~ of informa- provisions of section 54 of the income-tax act shall apply to all 10 bon accounts or in relation to statements, documents, evidence or affidavits given, produced or obtained in connection with or in the course of any proceeding under this act as they apply to or in relation to similar particulars under that act subject to the modification that the relerence to 'any income-tax authority' in clause (d) of sub-section (2) is and to the 'commissioner' in sub-section (5) of that act shall be construed as a reference to 'any wealth-tax authority' and to the 'commissioner of wealth-tax' respectively (2) nothing contained in section 54 of the income-tax act shan apply to the disclosure of any such particulars as are referred to in $) sub-section (1) to any person acting in the execution of this act or the income-tax act or the estate duty act, 1953, where it is necessary 34 of if531 or desirable to disclose the same to him for the purplls2 of this act or any of the other acts aforesaid - bar of jurisdiction 43 save as otherwise provided in this act, no suit shall lie in auy 25 civil court to set aside or modify any assessment made under this act, and no prosecution, suit or other legal proceeding shall lie against any officer of the government· for anythini in good faith done or intended to be done under this act appearance before wealth-tax authorities by autrorised represeotati\les 44 any assessee who is entitled to or required to attend before any )0 wealth-tax authority or the appellate tribunal in connection with any proceeding or inquiry under this act, except where he is required under this act to attend in person, may attend by a person authorised by him in writing in this behalf, being a relative of, or a person rei!llarly employed by, the assessee or a legal practitioner or a chartered 3f accountant exp'lanation-for the purposes of this section,-(a) the expression, "a person regularly employed by the assessee" includes any officer of a scheduled bank with which the assessee maintain" t current account or has other regular dealings; 3 •• f 1,9 (b) "chartered accountant" means a chartered accountant as defined in the chartered accountants act, 1949 s 45 the provisions of this act shall not apply to-n:t not to apply in eel-(a) a banking company as defined in section 5 of the tajd caicl 10 of 1949 of 193' banking companies act, 1949; (b) an insurer within the meaning of the insurance act, 1938; ~o i of 19,6 (c) any company formed and registered under the companies act, 1956, established with the object of financing, whether by way of making loans or advances to, or subscribing to the capital of, private industrial enterprises in india, in any case where tl)e central government has made or agreed to make to the company is a special advance for the purpose or has guaranteed or agreed to guarantee tbe payment of moneys borrowed by the company from any institution outside india 48 (1) the board may, by notification in the official gazette, p~er_,!! ma e nun make rules for carrying out the purposes of this act 20 (2) in particular, and without prejudice to the generality of tht' foregoing power, rules made under this section may provide for-(a) the manner in which the market value of any asset may be determined in cases where it is not easily ascertainable; (b) the form in which returns under this act shall be made, 2s and the manner in wh;ch they shall be verified; (c) the form in which appeals and applications under this act may be made, and the manner in which they shall be verified; (d) the form of any notice of demand under this act; (e) the areas for which lists of valuers may be drawn up; 30 (1) any other matter which has to be or may be prescribed for the purposes of this act (3) the power to make rules conferred by this section shall on the first occasion of the exercise thereof include the power to give retrospective effect to the rules or any of them from a date not 3s earlier than the date of commencement of this act (4) all rules made under this act shall be laid before each house of parliament as soon as may be after they are made and shall be subject to such modifications as parliament may make durin6{ the f:lession in which they are so laid or the session immediately 40 following : i: ! 'i 325 l8"'" (see section 3) 41 rates of wealth-taxpart i (a) in the case of every individual:-rate of tax nil i% 1% h% (i) on the first rupees two lakhs of net wealth (u) on the next rupees ten lakhs 'of net wealth (iii) on the next rupees ten lakhs of net wealth (iv) on the balance of net wealth (b) in the case of every hindu undivided family:-(i) on the ftrst rupees three lakhs of net wealth (ii) on the next rupees ten lakhs of net wealth (iii) on the next rupees ten lakhs of net wealth (iv) on the balance of net wealth nil " 1% h, part ii in the case of every company:-(i) on the first rupees five lakhs of net wealth (ii) on the balance of net wealth nil i% rule 1-where the net wealth of an assessee includes the value of any asset on which wealth-tax is not payable, the amount of tax payable by the assessee shall be an amount bearing to the total amount of wealth-tax which would have been payable on the net wealth had no property been exempt the same proportion as the unexempted portion of net wealth bears to the net wealth rule 2-where the net wealth of an assessee, not being a company, in respect of any assessment year includes the value of any shares in a private company as defined in section 3 of the companies act, 1956, the wealth-tax payable by the assessee on his net wealth i of i"" for that assessment year, computed in accordance with the rates specifted above, shall be reduced by the amount, if any, by which the sum of the following, namely:-(a) that portion of the wealth-tax payable by the assessee computed as aforesaid as bears to the whole amount of the tax, the same proportion as the value of the shares aforesaid included in his net wealth bears to his net wealth, (b) that portion of the wealth-tax, if any, paid by the company in respect of the same asaessment year, as bears to the whole amount of the said tax, the same proportion iw the raid-up value of the shares included in the assessment of the 8888ssee aforesaid bears to the aggregate paid-up value of the share capital of the company as on the relevant valuation date, exceeds the amount calculated at the rate of 1·5 per cent on the value of the shares included in his net wealth statement of objects and reasons~ the object of this bill is to impose an annual tax on the net wealth of individuals, hindu undivided families and companies the proposed tax is an important constituent of an integrated tax structure which government have been aiming at for some time with income-tax, estate duty and a tax on capital gains already in existence and with the addition of the wealth-tax and a tax on large personal expenditures (separately being proposed) the direct taxes will form a composite system made up of complementary elements apart from the fact that a composite tax system of this type helps to satisfy the criterion of the ability to pay, it is consistent with the avowed goal of the attainment of a socialistic pattern of society new delhi; the 15th may, 1957 t t krishnamachari financial memorandumthis bill proposes a levy of tax with effect from 1st april, 1957 on the net wealth of individuals, hindu undivided fam!lies and companies this is a new tax but the procedure for assessment and collection of this new tax is very much allied to that of taxes on income it is, therefore, proposed that for the time being wealthtax be administered by the income-tax department and that no separate administrative machinery should be set up the existing pressure of work on the income-tax department is, however, already quite heavy this pressure is likely to increase further on account of the proposed lowering of the minimum taxable umits it will, therefore, be necessary to expand adequately the staff at various levels of the departmental cadres the increase of personnel, along with incidental expenses of administration, including payment of remuneration to valuers of immovable properties is estimated to cost rs 40 lakhs ultimately actual recruitment of staff will, however, be made as and when it is founli really necessary capital expenditure will be in respect of construction of office and residential accommodation such expenditure when incurred will form part of the requirements of the income-tax staff i volume of worknumber of "persons" who will be liable to tax :-(a) indifliduals 26,000 (other than purely salary earners, having income of more than ri 20,000 each-who are expected to have net wealth exceeding rs 2 ibkhs) (b) hindu undivided families (having income of more than rs 2s,ooo each-which are expected to have net wealth exceeding rs 3 lakhs) (c) companies (with net worth exceeding rs s lakhs) total number of companies as per registers (19$6) (1 companies with paid-up capital of above rs 5 lakhs (3076 in 1953) 4,000 (ia) companies with paid-up capital of ri 3' 5 to 5 lakhs, which are likely to have adequate reserves to make them liable to wealth-tax 3,000 less insurance and banking companies included above 347 defunct companies 700 total number of persons 36,000 , ii requirement of personnel and finance a officers| no | cost ||------------------|-----------------------------|| r • | || i | || 2 | || 3 | || no | of || idcomc-tax | || 3 | || 3:k:aooo x 12 | || 72,000 | || no | || of | || inspecting | || assistant | || com- | || missoners | and || commissioners | || (8+12) | || 20 | || 2oxi200xi2 | 2,88,000 || no | of || taking | || the | || average disposal | || per | || income-tax | || officer | || per | || annum | || @ | || 300 | 120 120 x 500 x 12 7,20,000 | b staff4· s· 6 7· 8 9 10 no of inspectors 60 6ox250xi2 1,80,000 no of supervisors 23 23x3s0x 12 96,600 no of head clerks 63 63x2s0:k12 1,89,000 no of u d cs 301 301 x iso x 12 s>4i,8oo no of l d cs 160 160xi2oxi2 2,30>400 no of stenographers 23 23xisoxi2 41>400 no of stenotypists 131 131 x 140 x 12 2,20,080 say c incuunral ~incidental ~es including clan iv taft' contingc:nacs and paymcot of remuneration to valuer estimated at - ri 14~s ri 40lakhs total memorandum regarding delegated legislationclause 46 of the bill authorises the central board of revenue to make rules with respect to matters like the manner in which market values of assets may be determined in cases where they are not easily determinable, the form in which returns may be made under the act, the form in which appeals should be filed or notices ('jf demand issued the rule making power is thus of a normal character a billto provide for the levy of wealth-tax the president has, in pursuance of clauses (1) and (3) of article ii7 of the constitution of india, recommended to 10k sabha, the introduction and consideration of the bill m n kaul, secretary (shri t t krishnamachtlri, minister of fintlnce)

Parliament_bills

80b93873-50e5-5bf6-b125-47b4edd7f513

bill no 263 of 2017 the agricultural produce (remunerative support prices and miscellaneous provisions) bill, 2017 byshri sukhbir singh jaunapuria, mp a billto provide for the establishment of an agricultural produce price fixation boardto fix the remunerative support price of agricultural produce including fruitsand vegetables on annual and seasonal basis and timely intervention by thegovernment at the time of steep fall in prices of such produce in the openmarket and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and extent1 (1) this act may be called the agricultural produce (remunerative support pricesand miscellaneous provisions) act, 2017(2) it extends to the whole of india2 in this act, unless the context otherwise requires,—definitions5(a) "agricultural produce" includes wheat, paddy, pulses, sugarcane, cotton,oil seeds, coarse grains like maize, millet, jowar, bajra, gram, soyabean, fruits andvegetables such as potato, onion, tomato, cauliflower, cabbage including such other agricultural or horticultural produce which are used for human consumption or for any medicinal purposes;5(b) "appropriate government" means in the case of a state, the state governmentand in the other cases, the central government;(c) "board" means the agricultural produce price fixation board established under section 3;10(d) "government agency" means and includes any agency of the government by whatever name called or which receives grants from the government and which is engaged in procurement, distribution and canalising agricultural produces; and(e) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, as soon as may be, but not later than six months from the date of commencement of this act, by notification in the official gazette, establish a board to be known as agricultural produce price fixation board15establishment of an agricultural produce price fixation board (2) the headquarters of the board shall be at hyderabad in the state of andhra pradesh(3) the board shall consist of:—(a) a chairperson and a deputy chairperson with agricultural background and holding agricultural qualifications, to be appointed by the central government;(b) one member from each zonal office of the board;20(c) one member each to represent the union ministries dealing with agriculture,consumer affairs, food and public distribution, food processing industries and chemicals and fertilisers;(d) one member to represent the indian council of agricultural research;25(e) four members to be appointed by the central government from amongst thefarmers and agricultural labourers, in rotation from various states; and(f) four members of parliament, of whom two shall be from lok sabha and twofrom rajya sabha, to be nominated by the presiding officers of the respective houses30(4) the board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose off property, both movable and immovable, and to contract and shall by the said name sue and be sued35(5) the board shall set up one zonal office each in the eastern, western, northern, north eastern, central and southern parts of the country comprising of such states and union territories, as may be determined by the board and each zonal office shall consist of such members as may be prescribed(6) the term of office of the chairperson, deputy chairperson and the manner of filling vacancies and the procedure to be followed in the discharge of their functions shall be such as may be prescribed4 (1) the board shall,—functions of the board40(i) fix and declare minimum remunerative support prices of agricultural producebefore every sowing season after examining the recommendations of all the zonal offices:provided that different prices may be fixed for different produce and for differentzones;(ii) fix the issue prices of foodgrains for retail sale to consumers every year45(2) the board shall perform its functions in close liaison with government agencies, institutions including co-operative societies and such other authorities concerned with the procurement, supply, distribution, trade of agricultural produce and avoid duplication of efforts5 (3) the board shall give wide publicity to the remunerative prices fixed for agricultural produce through electronic and print media throughout the country5 (1) it shall be the duty of each zonal office of the board to recommend to the board the remunerative support prices of agricultural produce in respect of its jurisdictionfunction of the zonal office10(2) every zonal office of the board, before recommending the minimum support remunerative prices of agricultural produce, shall take into account all relevant factors, but in particular, the following, namely:—(a) average capital investment made by farmers in growing the produce; (b) average labour charges; (c) interest on loans borrowed for growing the produce; (d) premium for crop insurance, if any;15(e) maintenance cost of the land; (f) expenditure on fertilizers, seeds and electricity, etc; (g) any concession, rebate or subsidy provided by government in relation toagricultural produce;(h) prevailing open market price of each product;20(i) climatic conditions and incidence of natural calamities like floods, droughts,hailstorms, cyclones and untimely rains; and(j) average monthly household expenditure of an average farmer256 (1) in case any farmer fails to sell his produce in the open market at the desiredprices, the central government shall purchase his produce at the price fixed by the board through government agenciesgovernment agencies to purchase agricultural produce30(2) if there is a steep fall in the prices of agricultural produce in the open market, it shall be the duty of the appropriate government to intervene through its agencies in the market to ensure that farmers shall get minimum support price of the produce and take such other measures as it may deem necessary to handle the situation and protect the interests of the farmers7 (1) if any farmer is not satisfied with the declaration of price fixed for any agricultural produce, he may file an appeal to the central government within thirty days for reviewing of such price35appeal to central government regarding price fixation(2) the central government shall give its decision within fifteen days from the date of filing of such appeal 8 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the board for carrying out the purpose of this actcentral government to provide funds40act to have overriding effect9 the provisions of this act and the rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules10 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsin our country, the farmer and his family entirely depends on the crop he grows and reaps the crop is the result of his hard work and his expectations are always for the remunerative prices so that he could repay the loans which he borrowed for growing agricultural produce and to meet social obligations and household expenditure but unfortunately, it is an usual phenomenon that in the immediate post harvest period the prices of most of the agricultural produce decline very sharply and farmers are left high and dry and at the mercy of unscrupulous traders who exploit them to the maximum possiblesimilarly, it is now very common that whenever there is bumper crop of anything, be it foodgrains or vegetables, the prices of such items fall very steeply for instance when there is bumper crop of any commodities, their prices fall to the extent that the growers have no choice but to throw them on the roadsides and it has been noticed that the farmers sometimes burn their sugarcanes on the fields but even the government does not come to their rescue hence, there is an urgent need to provide that government should intervene at such times to protect the interests of the farmersthe agricultural ministry of the union government fixes the minimum support prices of agricultural produce but generally such prices are not realistic ones and there has always been discontentment amongst the farmers regarding such prices because they remain far below the expectations of the farmers it is, therefore, necessary to set up a statutory autonomous agricultural produce price fixation board and including therein the representatives of the farmers and agricultural labourers to fix the remunerative prices for agricultural produce taking into consideration all the aspects it will also be mandatory for the government to purchase agricultural produce from the farmers through their agencies it is felt that the guarantee of a minimum assured price will further give the requisite boost to our agriculture sector and our farmer will prosper which he really deserveshence this billnew delhi;sukhbir singh jaunapurianovember 29, 2017 financial memorandumclause 3 of the bill provides for the establishment of agricultural produce price fixation board it further provides for setting up of zonal offices clause 4 provides that the board shall give wide publicity through electronic and print media about the prices fixed clause 6 provides that the central government shall purchase agricultural produce at the prices fixed by the board clause 8 provides for payment of adequate funds to the board for carrying out the purposes of the act the bill, therefore, if enacted and brought into operation, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crore may be involved as recurring expenditure per annuma non-recurring expenditure of rupees one thousand crore may also be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to the matters of detail only the delegation of legislative power is, of a normal character———— a billto provide for the establishment of an agricultural produce price fixation boardto fix the remunerative support price of agricultural produce including fruitsand vegetables on annual and seasonal basis and timely intervention by thegovernment at the time of steep fall in prices of such produce in the openmarket and for matters connected therewith or incidental thereto————(shri sukhbir singh jaunapuria, mp)

Parliament_bills

69994b26-9216-5d7a-9be5-2e9578422edb

-c(;hhigenljri to \\ ~e a'\"jying laws (iueni:ment) blll, 1983 tl?j19r~~i~~ 1 page ~, "cl9ainst l~ne 4 4r insert the marginal ci~,-2 ( : ·"2',) ijf h~81u i, \ ; -i " " page l~, in the margin~l~ading to proposed ~-~-' \ j!idl "instrunent" ~ 1nstrune1rt$~'· , p a~e 30, line 34,-3 fo t "include" "be· 4 5 6 page 86, lira\:: _;_8, in the marginal he·adin9_io section 43,-!2l li{ll'"'isiled" ~ 1tfumishe~" 7 t , p age 87,· a':;03inst line 22 insert the margina~ citation,-"5 of 1970" \ 8 page ~'7, ~ns -:i:l the marginal headingto section 16,-"li-abil ity cf corporation j,n respect of in~ured deposit\" 'i page 90, lin(~ 3,-,ait,li"i " the" ins e rt ii c as~" / \ i new ~elh:r; the banking laws (amendment) bill, 1983 arrangement of clauses chapter i preliminary clauses1 short title and commencement chapl'er ii amendments to the bankers' books evidence act, 18912 amendment of act 18 of 1891 chapter iii amendments to the reserve bank of india act, 19343 amendment of section 17 4 amendment of section 33 5, amendment of section 40 6 amendment of section 42 7 amendment of section 43 8 amendment of section 45h 9 amendment of section 451 p 10 insertion of new chapter after chapter iiib 11 amendment of section 58b 12 amendment of section s8e chapter ivamendments to the banking regulation act, 1949 13 amendment of section 5 14 amendment of section 7 15 amendment of section 8 16 amendment of section loa 17 amendment of section lob 18 insertion of new section 10bb 19 substitution of new se,ction for section ioc 20 amendment of section 10d 21 substitution of new section for section 18 22 amendment iof sec'tion 19 23 amendment of section 20 24 insertion of new ftection 21a clauses25 amendment of section 22 26 amendment of section 24 27 amendment of section 29 28 amendment of section 34a 29 amendment of section 35 30 amendment of section 3sb 31 amendment of section 36ab 32 amendment of section 36ad 33 amendment of section 42 34 amendment of section 45 35 amendment of sections 45a and,45j 36 amendment of section 45s 37 insertion of new part iilb 38 amendment of section 46 39 amendment of section 47 40 amendment of section 51 41 amendment of section 52 42 amendment of section 56 chapter v amendments oro the state bank of india act, 195543 insertion of new section 35a 44 amendment of section 40 45 amendment of section 42 46 amendment of section 43 47 amendment of section 49 48 amendment of section 50 ~ chapter viamendmenrs '10 the state bank of india (subsidiary banu) act, 195 49 insertion of new section 36a 50 insertion of new section 38a 51 amendment of section 43 52 amendment ·of section 44 53 amendment of section 53 54 amendment of section 62 55 amendment of section 63 chapter viiamendments to the deposit insurance and credit guaralftu corporation act, ]961 56 amendment of section 2 57 amendment of section 4 58 amendment of section 6 59 amendment of section 11 60 amendment of section 13 61 amendment of section lsa 62 amendment of section 18 63 amendment of section 32 64 amendment of section 50 amendments to the banking companies (acquisinon and transfer of undertakings) acr, 1970 clauses 6l::', amendment of section 3 66 amendment of section 9 67 amendment of section 10 68 insertion of new section 16a 69 amendment of section 19 chapter ixamendments to the regional rural banks act, 1976 70 amendment of section 30 ' chapter xamendments to the banking companies (acquisitron and transfer of undertakings) act, 1980 71 amendment of section 3 72 amendment of section 9 73 amendment of section 10 74 insertion of new section 16a 75 amendment of section 19 the banking laws (amendment) bill, 1983 a billfurther to amend the bclnkers' books evidence act, 1891, the jlae",8 bclnk oj india act, 1934, the banking regulation act, 1949, the stclte bank oj india act 1955, the state blink of in4ia (subidia1'jl banka) - act, 1959, the deposit im-urance and credit guarantee corporatioft act, 1961, the banking companies (acquisition and ttaftbjef' of undertakmgs) act, 1970, the regional rural banks act, 1976 and the banking companies (acquisition and transfer of undertakings) act, 1980 be it enacted by parliament in the thirty-fourth year of the republic of india as follows: - chapter icommencement 5 1 (1) this act may be called the banking laws (amendment) act, short tiue and 1983 (2) it shall come into force on such date as the central government may by notification in the official gazette, appoint, and di1ferent dates may be appointed for different provisions of this act, and any reference 10 in any provision to the commencement of this act shall be construed as a reference to the coming into force of that provieion chapter ii ami:ndments 'io 'rm; bankers' books evldenice af:r, 18912 in the batikers' books evidence act, huh,-ameadmentof act 18 of 1891 ,(a) in section 2,-(i) 10!' clause (4), the following clause shall be substituted, 5 namely:-',(4) "legal proceeding" meaos,-_(~) any pl'oceeding or inquiry m which evidence is or may be glvenj (ii)ian arbitrationj and i 10 \ (iii) any investigation or inquiry under the code of cnimmal proceaure, h173, or, under any other law tor 2 of 1974, the time bemg in force for thecollectlon of evidence, conducted by a pollce officer or by any other person (not being a magistrate) authorised in this bebal1 by a 15 , maglstrate or by any law for the time being in forcej'j (ii) in clause (8),'for the words "such certificate beid& dated and subscribed by the principal accountant or manager 01 the bank with his name and officla! tiue", the followmg shall be substituted, namely: -2(\ "and where the copy was qbtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the bank's b'usiness after 25 the date on which the copy had been so prepared, a lwther certificate to that eifcct, each such certiticate being dated and subscribed by the principal accountant or manager 01 the bank with his name and official title"; 30 ,( b) after section 7,· the following section shall be inserted, namely:-'s in the application of sections 5, 6 and 7 to any investigation or inquiry referred to in sub-clause (iii) of clause (4) of section 2, the order of a court or a judge referred to in the laid 35 sections shall be construed as referring to an order made by an· officer of a rank not lower than the rank of a superintendent of police as may be specified in this behalf by the appropriate government | order ||-----------|| court || to || be || constru- || ed || to || be || order || made || by || specifted || officer~ |explanation,-bi this section, "appropriate government" 40 means the government by which the police officer or any other person conducting the investigation or inquiry is employed' chapter iii amendments to the reseave bam( of india act, 1934amendmentof section 17 :j, in section 17 of· the reserve bank of india act, 1934 (hereafter 2 f 193" in this c,hapter referred to as the reserve bank act), in clause (4b), ~ 45 0 , the prov1so, for the words "three crores of rupees", the words "fifteen ' crores of rupees" shall be substituted 4 in section 33 of the re&erve bank act, ill sub-clause (a) of clause amend-(i) of sub-section (6), for the word "notified", the word j'approved" shall ment of be wbstituted section 31 \ 5 in section 40 of the reserve bank act, in ihe explangtfon for the amend-7 of 1947 5 worde and figures "foreign exchan'ge' regulation act, 1947", the words :~!:f 46 o~ 1973 find flgures "~'oreigri exchange regulation act, 1973" shall be substituted 40 6 in section 42 of the reserve bank act,-(a) in the explanation 'to sub-section (1),-amendment ot section 42 i; (i) in clause (a), for the words "of a week", the words "of a 10 fortnight" shall be substituted: (li) for clause (b), the following clause shall be substituted, namely:-- (b) "fortnight" shall mean the period from saturday to the second following friday, both days inclusive;'; (iii) in clause (e) ,-26 of 1982 :olo (a) in sub-clause (iii), after the words ''state government", the words and flgures "or from the national cooperative development corporation established under the nationai' co-operative development corporation act, 1962" shall be inserted; (b) after sub-clause (iv) , the following sub-clause shall be inserted, namely:-"(t,') in the case of a rejtional rur~l bank also any - loan taken by such bank from its sponsor bank;"; ~5 (it,) in clause (d) ' after sub-clause (m), the following subclause shall he inserted, namely:-ii (iiia) a cnrrespondin/! new bank constituted bv !':ection 3 of the bankin/! companies (acquisition and transfer ,,f undertakings) act 1980;"; '40 of 1980 30 tv) in clause (e) after sub-clause (iii), the followin~ subclause shall be in~ertf'cf, namely:-ci (iiia) a corresponding new bank constituted bv sectfon 3 of the banki~ companies (acquisition and transfer of unctertakir/gs), act, 1980;~': 40 of 1980 35 (b) to sub-section (7,4'), the following proviso shall be added, namely:-: ' "provided that thp bank may by a separate notffication in the gazette of india specify different dates in respect of a bank subseauently included in the second schedule"; (c) after sub:'section (lb) the following sub-section shall be inserted,namely: -'-"(lc) the bank may, for the purposes of this section, spf!cify from time to time with reference to any transaction or class of transactions that such transaction or transactions shall 5 be regarded as liability in india of a scheduled bank, and jf any question arises as to whether any transaction or elas!; of transactions shall be regarded, for the purposes of this section, as liability in india of a scheduled bank the decision of the b:mk thereon shall be final"; 10 (d) in sub-section (2) ,-(i) for the words "at the close of husiness on each friday, and every such return shall be sent not later than five days after the date to which it relates" the words "at the close of business on each alternate friday, and every ~ch return shall 15 be sent not later than sev,en days after the date to which it relates" ~hall be substituted; '~'-(ii) in the second proviso, after the words "provided further that where" the' words "such alternate" shall be inserted; (iii) for the third proviso, the following proviso shall be 20 substituted namely:-"provided also th~t where the bank is satisfied that the fumishinrt of a fortnightly return under thi'l sub-section is imp1'8ctit':tblp in the case of any sched'llled bank by reason of the geoa-ranhical position of the bank and its branches the 25 bank may allow such bank-(i) to furnish a nrovisional return for the fortnillht within the eriod aforesaid to be followed by a anal return not later than twenty days after the date to which it relates, or 3 , (ii) to furnish in lieu of a fortni~htlv return a monthly return to be sent not later than twf'ntv days after the end of the month to which it relates givin~ the detans specified in this ~ub-section in r(>\l;pect of such bank at the -close of business for the month": 35 (e) after sub-section (2), the following sub-section shall be inserted, namely:-" (2a) where the last friday of a month is not an alternate friday for the purpose of sub-section (2), every scheduled bank shall send to the bank, a special return giving the details specified 40 in sub-section (2) as at the close of business on such last priday or where such last friday is a public holiday under the negotiable instruments act, 1881 as at the close of business on the preceding working day and such return ' shall be sent not later than seven days after the date to which it relates"; 45 (f) in sub-sections (3) and (3a), for the word "week" wherever it occurs,' the word "fortnight" shall be substituted '7 in section 43 of the reserve bank, act, for the wor4 "week", the word "fortnight" shall be substituted amenilmentof ectlon o amendmentof ection 45h r in section 45h of the reserve bank act, for the words and figures "a banking institution'notified 'under section 51 of that act", the words, 5 brackets, letters and figures "a corresppnding new bank as defined in clause (da) of section 5 of that act or a subsidiary bank as defined in 38 of 1959 the state bank of india (subsidiary banks) act, 1959" shall be substituted 9 in sec~ion 451 of the reserve bank act,-10 amendment of section 451 - (i) for clause (bb), the following clause shall be substituted, ,namely:-'(bb) "deposit" incl'udes and shall be deemed always to have included any receipt of money by way of deposit or loan or in any other form, but does not include,-(i) amounts raised by way of share capital; 15 (ii) amounts contrib~ted as capital by partners of,· a firm; (iii) amounts received from a 'scheduled bank or a cooperative bank or any other banking company as defined in clause (e) of section 5 of the banking regulati9n act, 1949; loot 1949 20 (iv) any amount received from,-(a) the development bank, (b) a state financial corporation, (c) any financial institution specified in or under section 6a of the industrial development bank of india act, 1964, or 18 of 1964 (d) any other institution that may be specified by the bank in this behalf; (v) amounts receive<l in the ordinary course of business, by way of-i (a) security deposit, (b) dealership deposit, (c) earnest money, or '(d) advance against orders for goods, properties or services; - (vi) any amount received from an individual or a flrm or an association of indivictaals not being a body corporate, registered under any enactment relating to money lending which is for the time being in force in any state; and (vii) any adlouiit received by way of subscriptions in 5 respect of a chit explanation 1--"chit" has the meaning assigned to it in cla~e (b) of section 2 ot the chit funds act 1982 40 of 1982 explanation ii-any credit give~ by a sauer to a buyer on the sale of any property (whether movable or 10 immovable) shall not be deemed to be deposit for the purposes of thh; clause;'; (ii) in clause (d), the words h, of which the capital subscribed by its partners exceeds one lakh of rupees" shall be omitted; (iii) in clause (e), for the words ", co-operative society or ftrm", 15 the words "or co-operative society" shall be substituted 10 after cbapter ilib of the reserve bank act, the followin, chapter shall be inserted, namely:-insertion of new chapter after chapter iii b "chapter nlc prohibition of acceptance of deposn'b by unincobpoiiatid iiodjib sic)interpretation - 45r the words and expressioll8 used in this chapter and delnecl in chapter iiib shall have the jj)eailings respectively assigned to them therein 451s (1) no person, being an individual or a firm or an unincorporated associa~on~f individuals shall, at~y time, have depo8lta from 15 more tban the number of depositors speclfted against each, in the table below:-dt/posits not to be accepted in certain cases (i) individual (ii) firm not more than ten d~positora not more than ten depoaltors per so partqer ~ not more than ode hundred depositors in all (iii) unincorporated association of individuals > f not more than ten depoeltora per individual and not more than one hundred depositors in all (2) where at the commencement of section 10 of the banking laws (amendment) act, 1983, the deposits held by any such person are dot in accordance with sub-section (1) he shall before the expiry of a' 'period' of two years from the date of such commencement, repay 5 such of the deposfts:as are necessary for bringing the number of depositors within the relative limits specified in that sub-section : ~ explanaticn-for the purposes of this section,-(a) where a deposit has been made by two or more persons, it shall be deemed to have been made by as many depositors as 10 there are n'umber of person~ making such deposit; " (b) a person in whose favour a credit balance is outstanding for a period not ex<:ee<iing six months in any account relating to mutual dealings in the ordinary course of trade or business shah not, on account of such balance alone be deemed to be 15 a depositor 2 of 1974 power to issue search warrants 20 45t (1) any court having jurisdiction to issue a search warrant lljlder the code of criminal procedure, 1973 may, on an application by an oflicer of the bank or of the state government authorised in this behalf stating his belief that certain documents relating to 'acceptance of deposits in contravention of the provisions of section 45s are secreted in any place within the local limits of the jurisdicti9,n of sllch court, issue a warrant to search for such documents 2 of 197 • 115 (2) a warrant issued under sub-section (1) shall be executed ,in the same manner and shall have the same effect as a search warrant issued under the code of criminal procedure, 1973" 11 in section 58b of the reserve bank act, after sub-section (5), the following sub-sections shall ,be inserted, namely:-amendmentof section 58b "(5a) if any person contravenes any provision of section 455, he sball be p'unishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of deposit received by such person in contravention of that sectjon, or two thousand rupees, whichever is more, or with both: ' , ' \ provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court the 'imprisonment shan not be less than' one ~ear and the fine shall not beie:;s than one thousand rupees 2 of 197 •• (,jb) notwithstanding anything contained in section 29 'of the cooe of "criminal procedure 1973, it shall be lawful for a metropolitan magistrate 'or a judicill magistrate of the first class to impose a "lienumee"ot f\ne in excess oltlie limit apccifted in t1nlt section on any person convicted under sub-section (sa) " 12 in section 58e of the reserve bank act, to sub-section (1), the f~llowing pr~iso'l;hall bea~d~ :~ameiy:-amendmentof section sse ""provided that in respect of ally offence punishable under sub- section (5a) of section 58b, 8 complaint in writing may also be made by an ofticer of"the state "government, generally or specially authorised in writing in this behalf by 't~at gov~rnment" chapteriv amendments to the banking regulation act, 1&4913 in section 5 of the banking regulation act, 1949 (hereafter in this 10 of 1049 chapter referred to as the banking regulation act),-amendmento! section e (ii) for clause (ii), the following clause shall be substituted,' 5 namely:-'(a) "approved securities" means-, - (i) securities in which a trustee may invest money under clause (a), clause (b), clause (bb) , clause (c) or clause (d) of section 20 of the indian trusts act, 1882; 10 20fl882 (ii) such of the securities authorised by the central government under clause· (f) of section 20 of the indian trusts act, 1882, as may be prescribed;'; 20fl882 (b) after clause (d), the following clause shall be inserted, namely:-15 , (da) "corresponding new bank" means a corresponding new bank constituted under ~ection 3 of the banking companies' (acquisition and transfer of undertakings) act, 1970, or under 5 of 1970 section 3 of the banking companie~ (acquisition andtransfer of undertakings) act, 1980;'; 20 40 of 1980 ,,,1 (c) after clause <1j), the following clauses shall be 'serted, namely:-i : '(jja) "development bank" il)eans the industrial &vetopment bank of india established under section 3 of the industrial development bank of india act, 1964; 25 18 of 1984 (ffb) "exim bank" means the export~import bank of india established under section 3 of the export-import bank of· india act, 1981;'; 28 of 1981 (d) for clause (1), the following clause shall be substituted, namely:-30 '(l) "reserve bank" means the reserve bank of india constituted under section 3 of the reserve bank of india act, 1934;'; 2 of 1934 i (e) clause (nb) and clause (nc) shall be re-lettered as clause (nd) and clause (ne), respectively, al'ld before clause (nd) as 80 35 re-iettered, the following clauses shall be inserted, name11:-'(nb) "sponsor bank" has ihe meaning assigned to iltn the regional rural banks act, 1976; 21 at 1978 (nc) "state bank of india" means the state· bank of india cons~itute,d under section 3 of t~e state bank of ,india act, 1955;' 40 23 of 19bb 14 in secti~~ 7 of the banking regulation ac~, in, sub-section (1), after the words shall use as part of i~ name", the word~ "or in connection with its business" shall be inserted 15 in section 8 of the banking regulation act, for the proviso, the following proviso shall be substituted, namely:-| amend ||----------|| mentqf || section || 8 |"provided that this section shall not apply to any such business ~s is specified in pursuance of clause (0) of sub-section (1) of section 6" 5 j6 in section loa of the banking regulation act, after sub-section amend-(2), the following sub-section shall be inserted, namely: _ ment of section "(2a) notwithstanding anything to the contrary contained in loa t of 19s8 the companies act, 1956, or in any other law for the time being in 10 force,-(i) no director of a banking company, other than its chair->' man or w~ole-time director, by whatever name called, shall hold office continuously for a period exceeding eight years; (ii) a chairman or other whole-time director of a banking 15 company who has been removed from office as such ~hairman, or whole-ti'1le director, as the case may be, under the provisions or this act shall also cease to be a director of the banking company and shall also not be eligible to be appointed as a director of such banking company, whether by election or co-option or lio otherwise, for a period of four years from the date of his ceasing to be the chairman or whole-time director, as the case may be" 17 in section lob of the banki~g regulation act,-amendmentol 25 (a) in sub-section (1), for the words "shall have a chairman of section its board of directors", the words "shall have one of its directors as lob chairman of its board of directors" shall be substituted; (b) in sub-section (5), the words "but shall continue in office until his successor assumes office" shall be omitted; (c) after sub-section (5), the following sub-section shall be 30 inserted, namely:-"(5a) a chalrman of the board of directors whose term of office has come to an end, either by reason of his resignation or by reason of expiry of the period of his office, shall, subject to the approval of the reserve bank, continue in office until his succes-35 sor assumes office" 18 after section lob of the banking regulation act, the following section shall be inserted, namely:-insertion of new section lobb "lobb (1) where the office of the chainnan of a banking com-power of pany is vacant, the reserve bank may, if it is of opinion that the rcst'rve bank to continuation of such vacancy is likely to adversely aft'ect the appoint chairman of a bankin, company interests of the banking company, appoint a person, eugi1;»le ,udder sub-section (4) of section lob to be so appointed, to be tbe c:balnnan of the banking company and where the person so appointed is not a director of such banking ~ompany, he shall, so long as be bolds the office of the chairman, be deemed to be a director of the banking 5 company (2) the chairman so appointed by the reserve bank mul be in the whole-time elqployment of the banking company and shall bold office for such period not exceeding three years, as the reserve bank may specify, but shall, subject to other provitdons of this act, 10 be eligible for reappointment (3) the chairman s appointed by the reserve bank shall draw from the banking company s'uch pay and allowances as the reserve bank may determine and may be removed from office only by the reserve bank (4) save as otherwise provide~ in this section, the provisions of section lob shall, as far as may be, apply to the ch61rman appointed by the reserve bank under sub-section "(1) as they apply to a chairman appointed by the banking company" 19 for section toe of the banking regulation act, the following 20 section shall be substituted, namely:-substitution of new section for section loco "loe a chairman of a banking company, (by whomsoever appointed) and, a director of· a banking company (appointed by the reserve bank under section loa) shall not be required to bold qualification shares in the banking company" chairman and certain directors not to be required to hold qualification shares 20 in section ion of the banking regulation ad, after the words, figures and letters "in pursuance' of section loa or section lob" the words figures and letters "or section lobb" shall be inserted amendment of section 10n 21 for section 18 of the banking regulation act, the following see- substttion shall be substituted, namely:-tution ot new section tor section 18 5 10 '18 (1) every banking company, not being a scheduled bank, cash reshall maintain in india by way of cash reserve with itself or by way serve of balance in a current account with the reserve bank, or by way of net balance· in current accounts or in one or more of the aforesaid ways, a sum equivalent to at least three per cent of the total of its demand and time liabilities in india as on the last friday of the second preceding fortnight and shall submit to the reserve bank before the twentieth day of every month a return showing the amount s9 held on alternate fridays during a month with particulars of its demand and time liabilities in india on such fridays or if any such· friday is a public holiday under the negotiable instnunents act, 1881, at the close of business on the preceding working day 260t 1881 15 explanation-in this section, and in section 24,-(a) "liabilities in ¥1dia" shall not include-(i) the paid-up capital or the reserves or any credit balance in the profit and loss account of the banking company; (ii) any advance taken from the reserve bank or from the development bank or from the exim bank or from the national bank by the banking company; (iii) in the case of a regional rural bank, also any loan taken by such bank from its sponsor bank; (b) "fortnight" shall mean the period from saturday to the second following friday, both days inclusive; ~o (c) "net balance in current acco'ullts" shall, in relation to a banking company, mean the excess, if any, of the aggregate of the credit balances in current account maintained by that banking company with the state bank of india or a subsidiary bank or a corresponding new bank 'over the aggregate of the credit balances in current account held by the said banks with such banking company; (d) for the purposes of computation of liabilities, the aggregate of the liabilities of a banking company to the state bank of india, a subsidiary bank, a correspondin~ new bank, a regional rural bank, another banking company, a co-operative bank or any other financial institution notified by the central government in this behalf, shall be reduced by the aggregate of the liabilities of all such banks and institutions to the banking company; (e) the expression "co-operative bank" shall have the meaning assigned to it in clause (cci) of section 56 (2) the reserve bank may, for the purposes of this section and section 24, specify from time to time, with reference to any transaction or claoss of transactions, that such transaction or transactions shall be regarded as liability in india of a banking company and, if any question arises as to whether any transaction or class of trans-5 action!:; shall ~ regarded for the purposes of this section and section 24 as liability in india of a banking company, the decision of the reserve bank thereon shall be final' amendmentof section 19-22 in section 19 of the banking regulation act, for sub-section (1), the following sub-section shall be s'ilbstituted, namely: -10 (1) a banking company shall not form any subsidiary company except a subsidiary company formed for one or more of the following purposes, namely:-(a) the undertaking of any business which, under ·c1auses (4) to (0) of sub-section (1) of section 6, is permissible for a 1 5 banking company to undertake, or -(b) with the previous permission in writing of the reserve bank, the carrying on of the business of banking exclusively outside india, or (c) the undertaking of such other business, which the 20 reserve bank may, with the prior approval of the central government, consider to be conducive to the spread of banking in india or to be otherwise useful or necessary in the public interest explanation-for the purposes of section 8, a banking company 2 5 shall not be deemed, by reason of its forming or having a subsidiary company, to be engaged indirectly in the bushiess carried on by such - , subsidiary company" 23 in section 20 of the banking regulation act, in sub-eection (1) in clause (b), in mtb-c1ause (iii) j after the words "of which" the words 30 -, ", or the subsidiary or the holding company of which" shall be inserted amendmentof section 20 24 after section 21 of the banking regulation act, the following'-section shall be inserted, namely:-insertioft of newlection 21a "21a notwithstanding anything contained in the usurious loans act, 1918, or any other law relating to indebtedness in force in any 35 10otl9i8 state, a transaction between a banking company and its debtor shall not be reopened by any caurt on the ground that the rate of interest charged by the banking company in respect of such transaction is excessive" rates of interest chari· ed by b;nking companies notte» be 8ub-,ed to 8crutin7 i»7courtl (i) in sub-section (3),-amendment of section 22 (a) in the opening portion, the words "all or any of" shall be omitted; 5 (b) for clause (c) , the following clauses shall be substituted, - namely:- (e) that the general character of the proposed management of the company will not b~ prejudicial to the public interest or the interest of its depositors; 10 (d) that the company has adequate capital structure and earning prospects; (e) that the public interest will be served by the grant of a licence to the coplpany to carry on banking business in india; 20 <f) that having regard to the banking facilities available in the proposed principal area of operations of the company, the potential sc2pe for expansion of banks already in existence in the area and other relevant cactors the grant of the licence would not be prejudicial to the operation and consolidation of the banking system consistent with monetary stability and economic growth; (g) any other condition the fulfilment of which would, in the opinion of the reserve bank, be necessary to ensure that the carrying on of banking business in india by the company will not be prejudicial to the public interest or the interests of the depositors"; (ii) after sub-section (,1), the following sub-section shall be insetted, name~:-35 "(3a) before granting any licence under this sec'tion to a company incorporated outside india; the reserve bank may require to be satisfied by an'inspection of the books of the company or otherwise that the conditions specified in sub-section (3) are fulfilled and that the carrying on of banking business by such company in indid will be in the public interest and that the government or law of the country irt which it is incorporated does not discriminate in any way against banking companies registered in india and that the company complies with all the provisions of this act applicable to banking companies incorporated outside lnflin" (hi) in sub-section (4) in clause (iii), after the word brackets and figure "sub-section (3)", the words, bra('k(!t~,c'ngnrr and letter flp~d sqb-section '(3a)" shalj be $nserted 26 in section 24 of the banking regulation act,-amendlilent of section 14 (4) in sub-section (1) , for the words "time and demand liabfllties", the words "demand and time liabilities" shall be substitutedj (b) in sub-section (za) ,-(i) in clause (a) for the words and figures "shall maintain 5 in india in cash, gold or unencumbered approved securities, valued at a price not exceeding the current market price, an amount which shall not at the close of business on any day be less than 25 per cent of the total of its demand and time liabilities in india", the following shall be substituted, namely:- 10 "shall maintain in india,-(a) in cash, or , (b) in gold valued at a price not exceeding the current market price or in unencumbered approved securities valued at a price determined in accordance with such '5 one or more of, or combination of, the following methods of valuation, namely, vahlation with reference to cost price, market price, book value, as may be specified by the reserve bank from time to time, an amount which shall not, at the close of business on any ~o day, be less than twenty-five per cent or such other percentage not exceeding forty per cent as the reserve bank may, from time to time, by notification in the official gazette, specify, of the total of its demand and time liabilities in indiil, as on the last friday of the second preceding fortnight"; (ii) for clause (b) the following clause shall be substituted, namely:- (b) in computing the amount for the purposes of clause (4),-(i) the deposit required under sub-section (2) of 30 section 11 to be m~ with the reserve bank by a banking company incorporated outside india' , (ii) any cash or balances maintained in indln by a banking company other than a rchedu}t'd bank with itself or with the re3erve bank or by way of net balnl1c'r! ~ , in current account in exce~9 of the aggregate of the cash 3:) or balance, or net balance rpquil'f'd to be maintained lpl_ section 18i (iii) any balances maintained by a schechlled bank with the reserve bank in excess of the balance required to be u18intaincd by it wlder scction 42 of the reserve bank of lndia act, 1934; 20f 1934 5 (iv) the net balance in current accounts maintained in india by a scheduled bank; (v) any balances maintained by a regional rural bank in call or fixed deposit with its sponsor bank, sbll be deemed to be cash maintained in india"; 10 ! (ioii) the following explanation shall be inserted at the end, namely:- _ , "explanat-ion-for the purpose of clause (0) of this sub-section, the market pt'ice of an approved secl'fity shall be the pnce as on the ctate of the issue of the notitication or as 011 any earlier or later date as may be notified from time to time by the reserve bank in respect of any class or classes of securities"; (c) in sub-section (2b) j the words and figures "established under section 3"of the l:tegional rural hanks act, 1970" shall be omitted; 21 of 1976 20 (d) for sub-section (3), the following sub-sections shall be substituted, namely:-'(3) for the purpose of ensuring compliance with the provisions ot this section, every bank1ng company shall, not later than twenty aays atter the end of the montn to wbich it relate1:;, funush tolhe heserve bank m the prescribed form and manner a monthly return showing particulan of its assets maintained in accordance with this sec~oil, and its demand and time liabilities in l:ndia at tbe close of business on each alternate b'riday during the month, or if any sucb friday is a public holiday, at the close of business on the preceding working day: provided that every regional rural bank shall also furnish a copy of the said return to the national bank 35 (4) (a) if on any alternate ]'riday or, if such friday is a pubhc holiday, on the preceding working day, the amount maintained by a banking company' at the close of business on that day falls b,low the minimum prescribed by or under clause (a) of sub-section (2a), such banking company shall be liable to pay to the reserve bank in respect of that day's default, penal interest for that day at the rate· of three per cent per annum above the bank rate on the amount by which the amount actually maintained falls short of the prescribed minimum on that day; and (b) if the default occurs again 011 the next succeeding alternate· friday, or, if such friday is a pubuc holiday, on the preceding working day, and continues on succeeding alternate fridays or preceding working, days, as the case may be, the rate of penal interest shall be increased to a rate of five pr cent per 5 annum above the bank rate on each such shortfall in respect of that alternate friday and each succeeding alternate friday or preceding working day, if such friday is a pubuc holiday, on which the default continues (5) (a) without prejudice to the provisions of sub-section jo (3), the reserve bank may require a banking company to furnish to it a return in the form and manner specified by it showing particulars of its assets maintained in accordance with this section and its demand ~d time liabilities in india, as at the clm:e of business on each day of a month; and 15 (b) without prejudice to the provisions of b"ub-secfion (4), on the failure of a banking company to maintain as on any day, the amount so required to be· maintained by or under clause (4) of sub-section (2a) the reserve bank may in respect of such default, requir~ the banking company to pay penal interest for 110 that day as provided in clause (a) of sub-section (4) and if the default continues on the next s'ucceeding working day the penal interest may be increased as provided in clause (b) of sub-section (4) for the concerned days (6) (~) the penalty payable under sub-section (4) and sub-25 section (5) shall be paid within a period of fourteen days from the date on which a notice issued by the reserve bank demanding payment of the same is served on the banking company and in the event of failure of the banking company to pay the s~me within such period, the penalty may be levied by a direc- 30 bon of the principal civil court having jurisdiction in the area where an ~ftice 'bf the defaulting banking company is situated, such direction to be made only upon an application made by the reserve banlt in this behalf to the court j and (~) when the cour~ makes a direction under clause (4) it ~all issue a certificate specifying the sum payable by the~ 35 mg company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court i ~t na (7) when under the provisions of clause (b) f b t' (4) penal interest at the increased rate of fiv 0 su -sec ion 40 the bank t h b e per cent above ra e as ecome payable by a banki thereafter the amount required t b ng company, if sue d' it 0 e mamtamed on the next th~ ~e~~gp:e::;i~~ ~~~~~gord~y~uj~~ ~~d?elis a r:blic h()!i~y, mirumum, every director ma ow e prescnbed company wh k ' nager or secretary of the banking 45 shall be puni~h~~len~;~g~~e a~~wilfully a party to the default, rupees and with ~ furth fi l~h may extend to five hundred er ne which may extend to ftv hund d rupees for each subsequent alternate frida th e re working day, as the case may be, on which t:e ::fau~t ~=: 5° 5 (8) notwithstanding anything· contained in this section, if tbe reserve bank is satisfied, un an application ill writing by the defaulting banking company that the banking company had sufficlent cause for its failure to comply with the provisions of clause (a) of sub-section (2a) , the reserve bank may not demand the payment of the penal interest 'expzanation-in this section, the expression "public holiday" m~ans a day which is a public holiday under the negotiable instruments act, 1881' 26 of 1881 (3), the following sub-osection shall be inserted, namely:-10 27 in secticjn 29 of the banking regulation act, after sub-section amendmentaf section 29 "(3a) notwithstanding anything to the contrary contaihed in 1 of 1956 sub-~tion (3) of section 210 of the companies act, 1956, the period to which the profit and loss account relates shall, in the case of a banking company, be the period ending with the last working day of the y'car immediately preceding the year in which th: annual general meeting is held" 28 in section 34a of the banking regulation act, for sub~section (3), the following sub-section shall be substituted, namely:-amendmental section 34a 20 ' (3, for the purposes of this section "banking company" includes the reserve bank, the development bfulk, the exim bank, the national bank, the state bank of india, a corresponding new bank, a regional rural bank and a subsidiary bank' 29 in section 35 of the banking regulation act,-amendmpntof (i) after sub-section (1), the following sub~section shall be section 35 inserted and shall be creemed to have always been so inserted, namely:-"(la) (a) notwithstanding anything to the contrary con:' tained in any law for the time being in force and without prejudice to the provisions of sub~section (1), the reserve bank, at any time, may also cause a scrutiny to be made by anyone or more of its officers, of the affairs of ally banking company and its books and accounts; and 35 (b) a copy of the report "of the scrutiny shall be furnished to the banking company if the banking company makes a request for the same or if any adverse action is contemplated against the banking company on the basi:; of the scrutiny,"; (ii) in sub-section (2), after the words, brackets and figure "any officer making an inspection under sub-section (1) ", the words, brackets, figure and letter "or a scrutiny under s'ub-section (la) " shall be inserted; (iii) ill sub-section (3), after the words, brackets and figure "inspection' under sub~section (1) ", the words, brackets, figure and letter "or a scrutiny under sub "'section (ia)" shall be inserted; (iv) in sub-~ction (4), after the words "on any inspection", the words "or scrutiny" shall be inserted amendmentol section 3sb (i) in sub~scc1ioll (1), in clause (a), alter tho wurds "ally provision relating to", the words "the maximum permissible numocr of directors or" shall be inserted; (ii) in sub-section (2) for the words and figures "provisions of 5 sections 310", the words and figures "provisions of sedions 269, 310" shall be substituted; (iii) after sub-section (2), the following sub-section shall be inserted, namely:-1 of 1956 (2a) nothing contained in section 198 of the companies 10 act, 1956 shall apply to a banking company and the provisions of sub-section (1) of section 309 and of section 387 of that act shall, insofar as they are applicable to a banking company, have effect as if no reference had been made in the said }frovisions to section 198 of that act" 15 31 in section 36ab of the banking regulation act, in sub-sectiod (1), the proviso shall be omitted amendmento'f section 36ab 32 in section 36ad of the banking regulation act, for sub-section (3), the following sub-section shall be substituted, namely:-amendmentol section 36ad - (3) for the purposes of this section "banking company" includes !lo the reserve bank, the development bank, the exim bank, the national bank, the state bank of india, a corresponding new bank, a regional rural bank and a subsidiary bank' amendmentof section 42 (i) for the words and figures "sections 460, 464 and 465", the 25 word and f~gures "section 460" shall be substituted; and (ii) the words "or with the appointment of a committee of inspection" shall be omitted ,(a) in sub-section (5) in clause (i),-amendmentor aection45 (i) in the first proviso, for the words "as are applicable", in the two places ·where they occm', the words "as are, at the time of such payment or grant, applicable" shall be substituted; (ii) in the second proviso, for the words "the doubt or diiierence shall be referred", the words "the doubt or difference shall be referred, before the expiry of a period of three years 35 from the date of the payment or grant mentioned in that clause," shall be substit'uted; (b) in sub-section (8), the following shall be inserted at the end, namely:-"including the trustees or other persons managing, or connected ld any other manner with, any provident fund or other fund maintained by any of those companies or the transferee bank'" i (c) in sub-section (9), for the words "on and from such date as tnay be specified by the central government in this behalf", the words "on and from the date of the corning into operation of, or as the case mily be, the date specified in this behalf in, the scheme" 5 shall be substituted; (d) in sub-section (15), for the words and figures "any other banking institution notified by the central government under section 51", the words "a subsidiary bank, or a corresponding new bank" shall be substituted; 10 (t') the following e:t-p7anation shall be insl'rted at the end, namely:-t<explanation--references in this section to the terms and conditions of service as applicable to an employee shall not be con·;trued 3s extending to the rank and status of sllch employee" 5 of 1898 2 of 1974 amendment of sections 45aand 45j is 35 in sections 45a and 45j of the banking regulation act, for the words and figures "code of criminal procedure 1898", wherever they occur, the words and figures "code of criminal procedure, 1973" shall be substituted and in sub-section (5) of the said section 45j, the \'1rords "and all such trials shall be without the aid of a jury" shall be omitted amendment ot section 458 20 36 in section 455 of the banking regulation act, for the words "chief presidency magistrate or the district magistrate", wherever they occur, the words "chief metropolitan magistrate or the chief judicial magistrate" shall be substituted 37 after section 450x of the banking regulation act, the following insertion 25 part shall be inserted, namely: -of new partliib "part um provisions relating to certain operations of banking colvipanles45y the central government may, after consultation with the reserve bank and by notification in the official gazette, make rules specifying the periods for which-(a) a banking company shall preserve its books, acc<?unts and other documents; and power of central governmentto make rules for the (b) a banking company shall preserve and keep with itself ~~~;vaditrorent instruments paid by it records 35 return of paid instrument to customer& 4~·z (1) where a banking company is required by its customer to return to him n pnidinstrument before the expiry of the period specified by rules mnde under section 45y, the· banking company shnll not return thl' instrum('nt ("x('cpt after making and keeping in its possession a true copy of all relevant p~n·ts of such instrument, such copy being mac'le hy n mc>eh:micnl or ot'!1cr process which in itself en':lures the arcurncy of the copy (2) th~ banking eompnny f,hall he entitled to recovc'r from the customer the cost ot making such copies of the im:trnmf'nt explanation-in this section, "cl1!;tomer" includes a gove'rn-45 ment department and ~ corporation incorporflted by ot' '(lnder any !fomlnation for payment of de positors' money 45za (1) where a deposit is held by a banking company to the credit of one or more person's, the depositor or, as the case may be, all the depositors together, may nominate, in the prescribed manner, one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be 5 returned by the bunking company (2) notwithst~nding anything contained in any other l~w for the time bf;!ing in force or in any disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made in the prescribed manner purpor1s to confer on any person the right 10 to receive the amount of deposit from the banking company the nominee shah, on the death of the sale depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors in relation to such deposit to the exclusion of all other persons, i~ unless the nomination is varied or cancelled in the prescribed manner (3) where the nominee is a minor, it shall be lawful for the depositor making the nomin-ation to appoint in the prescribed manner any person to receive the amount of deposit in the event of his death :10 during the minority of the nominee (4) payment by a banking company in accordance with the provisions of this section shall constitute a full discharge to the banking company or its liability in respect of the deposit: provided that nothing contained in this sub-sec~on shall affect 25 the right or claim wliich any person may have against the person to whom any payment is made under this sectlon 45zb no notice ()f the claim of arw person, other than the person or persons in whose name a deposit is held by a banking company, 'shall be receivable by the banking company, nor shall the 30 banking company be bound by any such notice e·ven tho'ugh expressly given to it: notice of claim;; of other persons regarding deposits not receivable provided that where any decree order, certificate or other authority from a court of c~mpetent judsdiction relating to such deposit is produced before a banking company, the banking company 35 shall take due note of such decree, order, certificate or other authority ' , ' -, ·71 ,, 45zc (l) where any person leaves any article in safe custody with a banking company, such person may nominate, in the prescribed manner, one person to whom, in the event of t~ death of 40 the person leaving the article in safe cl1stody, such article may be returned by the h'nnking company nominationfor return of articles kept in safe custody with banking company (2) where thf' nominee is :1 minor, it shall be lawful for the person making the nomination to appoint in the prescribed manner any per~on to rec<'ive the article deposited in the event of his death 45 durmg t:1e minofjty of the nominee ·(3) the banking company shall, before returning any artirlps ujlder this ~ection to the nominee qr the per~ appointed ul1~~r suimiect10n (2), prepare in such manner as may be cu:rect:ed by' the reserve bank from time to time an mventory of the said articles which shall be signed by such nemmee or person and sha1l deitver a copy of the inventory so prepared to such nominee or peracm 5 '(4) notwithstanding anything contained in any other law for the time being in force or in any disposition whether testamentary or otherwise, in respect of s'ilch article, where a nomination made in the prescribed manner purports to confer on any person the right, to receive the article from the banking company, the nominee shall, 10 on the death of the person leaving the article in safe custody, _ome entitled to the return of the article to the exclusion of au other persons, unless the nomination is varied or cancelled in the prescribed manner: provi'ded that nothing contained in this section shall affect the 15 right or claim which any person may have against the person to whom the article is returned in pursuance of this sub-section 45zd no notice of the claim of any perron, other than the penmn noti~e of or persons in whose name any article is held by a banking company - claims of in safe custody, shall be receivable by the banking company, nor shall other 20 the banking -company be bound by any such notice even thougli = expressly ~ven to it: articleii notreeelv provided that where any decree, order, certfftcate or other able authority from a court of competent' jurisdiction relating to such article fs produced before a banking company, the banking company 25 shad take due note of such decree order, certificate or other authority releaseot contedti of aafety locken 30 45ze (1) where an individual is the sole hirer of a locker from a banking company, whether such locker i~ located in th~ safe deposit vault of such banking company 01' elsewhere, such individual may nominate one person to whom in the event of the death of such individual the banking company ma~r give :'i('ces!'! to the lockfr and liberty to remove the contents of ~he locker (2) where any sucn locker is hired from 'a bankfnf! company bytwo or more 'ndividuals jointly, :md unner thp contract of hire the locker is to be operated under the joint ,;i~atures of two or more of such hirers, ~ch hirel"s mav nomin~te one or more persons to whom, in the event of the death of such joint hirer or hirers, the banking company mav $ve iointly with the 5lrrviving joint h'!rer or foint hirers, as the ('else may be, access to the locker and liberty to remove the contents of :;;uch locker 40 (3) every nomination under sub-section "(i) or sub·sectinn (2) sliall be made in the' prescribed manner 45 (4) the bankin(! company shall before permitting the removal of the contents of any- locker by any nominee or jolntlv bv any nominee and survivnrs as aforesaid, prepare in such manner 8f! m'bv be directed by the reserve bank from time to time, an inventory of the cqlltents of the lqc'k~r which shall be sfemcd by such nominee ' jo!ntly 1ty such nominee and survivors, and shall deliver a cop,f oltha inventory so prepared to such nominee or domjnee and surviwn '(5) on the removal of the contents of any locker by any nominee or jointly by any nominee and survivors as aforesaid, the liability 5 of the banldng company in relation to the contents of the locker shall stand d1scharged, (6) no suit, prosecution or other legal proceeding shall 11e against 'b banking company for any damage caused or likely to be caused, for allowing access to any locker, and liberty to remove the 10 contents of such locker, in pursuance of the provisiono; of subaection (1) or sub-section (2), as the case may be 45zf no notice of the claim of any person, other than hirer or hirers of a locker, shall be receivable by a banking company nor shall the banking company be bound by any such notice ~en though 15 expressly given to it: notice of claimaof other per-bodiire-ardid, safety lockets notrec:elvable provided that where any decree, order, certificate or other ! authority from a court of competent jurisdiction relatine to the locker or its contents is pro~u('erl befo1'e the bankini! com13any, the banking company shalj take due note of such decree, o"der, certt- ao ftcate or other authority" amendmento! hction48 (i) in sub-section (2), for the words ccan officer making an inspection under that section", the word's "an ofticer making an idspection or scrutiny under that section" shall be substituted; 15 (ti) for sub-section (4), the following sub-seetion shah be substituted, namely: -' , "(4) if any other provision of this act is contravened or if any default is made in-(t) complying with any requirement of this act or of 30 any order, rule, or direction made or condition imposed thereunder, or (ii) carrying out the terms of, or the obltgatfons under, a sch~ sanctioned under sub-section (7) of section 45, by any person, such person shad be punish::tble with flne which 35 may extend to two thousand rupees, and where a contravention or default is a contfnuing one, with 1:1 further flne whfch mav extend to one hundreti, nmee'l for every day, during which the contravention or default continues" amendmentof hctioa47 ~ ,in s~on 47 of the banking regulati~n act, for the words "do 40 co"r tnfel""r to that of a pre!lirlencv m"ll1i,trate or a ma~strate of th ftrst class", the words clno court other than' that of a metropolita: magistrate or a judicial magistrate of the ftnt class or any cqurt super:lor thereto" shrll be substituted ' 40 section 51 of the bankin& regulati'ln act shall be re-numbered as sud-sec~jon (1) of tnat secuon, ana-(a) in sub-sectioil (1) as so re-nwnbered-(t) for tile ligurds, words, bracke~ and letters "19 to 21, 23 5 10 ~, ~ lexcjuwng sud-secuon lj) j ;:s1, ~ ~ jja, :so l~uqijl& clause lu) or liuo-secllon· tt) j, 46 to 'its'", me ogures, worus, ietters ana orackets "l~ to ~la, ~ to ~h, ~ lexclucullg sud-6ectlod "(j) j, ;:s1, ji, ;:15, 3;:)i~,:io lexc!uwng c&auae la) ot s~tjon (1) j ''>t to 4:),6j:'", ':to to 41s" silau be sudstltuteo; 10 lof 1970 (ii) for the words, fi&ures and brackets "or my correspcmdillg new bank conslnutea ull(1el' sectlod a ot toe t)aokid& ~om­pi:t1ues v~c'1uls1tlod unu 'j'r<aiuiler 01 ulluertajwlgs) act, ,ui'iu, or a ~&1uwll t(uraj j:)auk estadjj:>nea lliluer ioecllon ;:s ot the lteiluua1 t1uraj jj~ act, jlflo or any cojreslxljlujllg new dailjt 21 of 1976 fool 1980 collji\t~uleu ulluer secljon a of toue bawwlg u>w,pujles lt\cqw-slijuu i:ulil jjtujlilec ol uduenajullgs) t\ct, 11:1(su, at any otder baljkfjlg ljlsuluw,qa not1l1ec1 by tile ~traj uovemm£nr jq tjwi bellau"", tne wur'us "or ally corr~podwdg new dadk or a ~~uwij i1w-al t)i:llllt or any sud'slujaty owiat" sllau be sudltitute<1; (iii) in the proviso,-(a) in clause (a), tor the words ",eneral manager", the words "managmg djrector" shall be substitutec1; " (b) for clauses (0) and (c), the followllli clauses aball be suustttutec1, namejy:-so (b) nothina contained in sub-cla'ule (iii) of ~u18 (b) of sub-'sectlojl (1) of section 20 shall apply m ally' bank re1erred to in sub-section (1) 1n&olar u tbe aid sub-clause (itl) of clause (b) precludes that bank from enterina into any commitment for granudi any loan or advance to or oil bebal:f of a company (dot beiab - government company) in wb1ch aot,- tban ton" per cent of the paid-up capital is beld (whether sidaly or taken togetjler) by the central government or tbe reserve bank or a corporation owned by that badk; add 35 (e) nothing contained in section 46 or ill section '1a shall apply to,-\ (i) an omcer of the central government or tbe reserve bank, nominated or appointed 88 director of the state bank of india or" any correapondfu, new bank or a regional rural'bank or adj subiddiary bank or a bankjn, company; or 45 (ii) an officer of the state bank of idd1a or a corresponding new bank or a regional rural bank or a subsidiary bank nominated or appointed -director of any of the said banks (not being the bank of which he is an ofbcer) or of a banklnl compad1"; ,(b) after sub-section (1) as so re-numbered, the following 8ubsection shall be inserted, namely:-"(2) references to a banking company in any rule or direction relating to any provision of this act referred to in tubsecti0i\ (1) shall, except where such rule or direction provides 5 otherwise, be construed as referring also to the state bank of india, a corresponding new bank, a regional rural bank and a subsidiary bank" ' amendmentof section 52, (4) sub-section (3) shall be c?mitted; 10 (b) after sub-section (4), the following sub-section ahau be inserted, namely:-"(5) every rule made by the central government under this act shall be laid, as soon as may be after it is made, be10n each house of parliament, while it is in session, for a total period 15 of thirty days which may be comprised in one session or in two or more successive sessions, and il, before the expiry of the session immediately following the session or the succetiive sessions aforesaid, both houses agree in making any modiftcation in the nue or both houses agree that the rule -should not be 20 made, the rule shall thereafter have effect only in such moc:wled form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" amendmentof section 56 (i) for sub-cla'use (ii) of clause (c), the following sub-clause 25 shall be substituted, namely:-- "(ii) clauses (if), '(h) and (nb) shall be omitted;"; (ii) for clause (f), the following clause shall be :substituted, namely:-• - ' c (1) for se<!hon 7, the following section shall be pubsututed, 30 namely:-use of words "'badk" "banker" or "1nm!dnt' , "7 (1) no co-operative society other ~ a co-operatlw bank shall use as part of its name or in coddect1oa with its business any of the words "bank" "han__ ar "banking", and no co-operative society shall carry on the s5 business at banking in india unless it uies as part of ita name at least one of such words (2) nothing in this section shall apply to-(a) a primary credit society, or (b) a co-operative society fonned for the protection 40 of the, mutual interest of co-operative banks or c0- operative land mortgage banks, or (c) any co-operative society not being a primary credit society, fonned by the en:ployees of- (i) a banking company or the state bank of 45 indla or a corresponcung new bank or a mblldfary bank of such banking company, state bank of lddia or a corresponding new bank, or (ii) a co-operative bank or a primary credit society or a co-operative land mortgage baj'l_k, i insofar as the word "bank", "banker" or "banldng" appears as part of :he name of the employer bank, or as the case may be, of the bank, whose subsidiary the employer bank is" 'j (iii) after clause (f) the fol1owing cl,uses shall be inserted, namely:-" '(fi) in section 8 for the proviso, the following provjso [0 shall be substituted, namely:-"provided that this section shall not apply-(a) to any such business as aforesaid which wu in the course of being transacted on the commencement at clause (iii) of section 42 of the banking laws (amendment) act 1983, so, however that the said business shall be completed before the expiry of one year from such commencement; or (b) to any business al is specified in pursuance of clause (0) of sub-eection (1) of section 6;"; 20 (fii) in section 9, for the second proviso the following pr0-visos shall be substituted namely:-"provided further that in the case of a primary credit society which becomes a primary co-operative bank after the commencement of clause (iii) of section 42 of the banking laws (amendment) act, 1983 the period of seven ),ears shall commence from the day it so becomes a primary c0-operative bank: - provided also that the reserve bank may m my parti-c:ajar ease, extend the aforeu1d period of ~ by such period as it may consider necessary where it is satisfied that such extension would be in the interests of the depositors of the co-operative bank"'; (i'o) in clause (g), for the figures and' letters "lob, loc", the figures and letters "lob, lobb, loc" shall be substituted; 35 (v) for clause (j), the following clause shall be substituted, namely:-! - (1) for section 18" the following section shall be substituted, namely:-45 "18 (1) every co-operative bank, not being a state' co- cub operative bank for the time befng included in the second rei81'9" schedule to the reserve bank of india act, 1934 (hereinafter referred to as a "scheduled state ca-operathrc bank'"), shall maintain in india by way of cash reserve with itself or by way of balance in a current acconnt with the reserve bank or the state co-operative bank of the state concerned or by way of net balance in current accounts, or, in the case of a primary co-operative bank, with the central co-operative bank of the district concerned, or in one or more of the aforesaid ways, a sum equivalent to at least three per cent of the total of its demand and time liabilities in india, as on the last friday of the second preceding fortnight and shall submit to 5 the reserve bank before the fifteenth day of every month a return showing the amount so held on alternate fridays during a month with particulars of its' demand and time liabilities in india on such fridays or if any such friday is a public holiday under the negotiable instruments act, to 1881, at the' close of business on the preceding working day 26 of 1881 expwnation-in this section and in section 24-(a) "liabilities in india" shall not include-(i) the paid-up capital or the reserves or any credit balance in the profit and loss account of (he 15 co-operative bank; 26 of 1962 (ii) any advance taken from a state govern ment, the reserve bank, the development bank, the exim bank, the national bank or from the national co-operative development corporation j20 established under section 3 of the -national cooperative development corporation act, 1962 by the co-operative bank; (iii) in the case of a state or central co-operative bank, also any deposit of money with it representldg 25 the reserve fund or any part thereof maintained with it by any other co-operative society within its area of operation, and in the case of a central co- operative bank, ejso an advance taken by it from the state co-operative bank of the state concerned; go (iv) in the case of a primary co-operative bank, also any advance taken by it from the state c0-operative bank of the state concerned or the' central co-operative bank of the district con,cerned; (v) in the case of any co-operauve bank, which 35 has granted an advance against any balance maintained with it, such balance to the extent of the amount outstanding in respect of such advance; and (vi) in the case of any co-operative bank, the amount of any advance or other credit arrangement 40 drawn and availed of against approved securities; (b) "fortnight" shall mean the period from saturday to the second follo)ving friday, both days inclusive; (c) "net balance in current accounts" shad, in relation to a co-operative bank, mean the excess, if any, 45 of the aggregate of the credit balances in current account mainta;ned by that co-operative bank with the state bank of india or a subsidiary bank or a cort'aponding new bank, over the aggregate ot the credit balances in current accounts held by the said b~ witli such co-operative bank; if) (d) for the purpose of computation of liabilities, the aggregate of the liapilities of a co-operative bank to the state bank of india, a subsidiary bank, a corresponding new bank, a regional rural bank, a banking company or any other financial institution notified by the central government in this behalf shall be reduced by the aggregate of the liabilities of all such banks and insti-tutions to the:co-operative 'bank;1 (e) any cash with a co-operative bank or any balance held by a co-operative bank with, another bank, shall not, to the extent such cash or such balance represents the balance in, or investment of agricuhural credit stabilisation fund of such co-operative bank, be deemed to be cash maintained in india (2) the reserve bank may, for the purposes of this section and section 24, specifv from time to time, with reference to any transaction or class of transactions, that such transaction or transactions shall be reatarded as ijabtlfty in india of a co--operative bank, and, if anv question arises as to whether any transaction or class of transactfons shall be reearded for the purposes ,of this section and section 24 as liability in india of a co-onerative bank, the decision of the reserve bank thereon shall be final"'; - "t i\l '(tn) for clat1s~ (m), the following claust' shnll be substituted '''''; - namely: -i 'em) in section 20a, in sub-section '(1),-loua_ '(i) th«!' words and fi~lres "notwithstand;nl2' anvthin~ to the contrary contained in section 293 of the companies act, 1956," shall be omitted; 35 (ii) in clause (0) for the words "any of itq directors" the words "any of itc; past or present directors" shall be substituted:'; (vii) in clause (0) rel~tin~ to the modification of section 22- ~'~ (a) in sub-clause -(0 for sub-section (2) of section 22 aforesaid as substituted bv thl'lt sub-clau~e the followinq sub-section shall be subrtituted, namely:-23 ot 1985 45 "(2) everv co-operative socletv carrvins!; on business as a co-oderative bank at thp commencement of the bankine' laws (addlication to co-oderative societies) act, 1965 shall before the exoirv of three months from such commencement everv co-operative bank which comes into exirtence as a result of the division of any t,ther co-o'derathre society carrving on business as a en-operative bank or the amalv8-matian of two or more cn-onerathre societies cerrvine' on bankinj! business shall brfore the exniry of three months from its~o coming into existence_ every prim !ltv credit ~~r~ietv which becomes a primary ('o-operath·e b,m'k after such commencement shall before the expiry of three months from the date on which it so becomes a primary co-operative bank and every co-operative society other than a primary credit society shall before commencing banking 1;usiness in india, apply in writing to the reserve bank for a licence 5 'ullder this section: provided that nothing in clause (b) of sub-section (t} shall be deemed to prohibit-(i) a co-operative society carrying on business as a co-operative bank at the commencement of the banking 10 laws (application to co-operative societies) act, 1965; 23 of lints or (ii) a co-operative bank which has come into existence as a result of the division of any other co-operative society carrying on business as a co-operative bank, or 15 the amalgamation of two or more co-operative societies carrying on banking business at the commencement of the banking laws (appucation to co-operatlve societies) act, 1965 or at any time thereafter; or 23 ot 1ge1 (iii) a primaty credit society which becomes a pri 20 mary co-operative bank after such commencement, from carrying on banking business until it is granted a licence in pursuance of this section or is, by a notice in writing, notified by the reserve bank that the licence cannot be granted to it"; as (b) for sub-clause (ii) the fonowing sub-clauses shall be substituted, namely:-"(ii) sub-se~tion (3a) shall be omitted; (iii) in sub-section (4) in clause (iii), the words, brackets figure and letter "and sub-section (1a)" shall be 30 omitted;"; (triii) it" clause (p) for sub-clause (ii) , the following sub-clause shall be substituted, namely:-f (ii) after sub-section (4), the fonowing sub-section shall be inserted, namely: - 35 "(4a) any co-operative bank other than a primarv cooperative bank requirint! the permission of the reserve bank under this section shall forward its application to the reserve bank through the national bank which shall give its comments on the merits of the rrpplication and send ft 1:0 40 the reserve bank: provided that the co--operative bank shall also send an advance copy of the 8pplication directly to the reserve bank"'; (b:) far' clause (q), the fotiowjng clause shall be substituted 45 namely:-, '(q) in section 24-:-a (i) in sub·section (1) thp wi)rds "after the expiry two years from the commen('em~j1t of this act- shall omjtted; (ii) for sub-sections (%) and (2a) , the following subsections shall be substituted, namely:-"(2) in computing the amount for the purposes of sub-section (1) ,-5 , 2 of 1934 10 (a) any balances maintained in' india by a cooperative bank in current account with the reserve bank or by way of net balance in current accounts, and in the catje of a' scheduled state co-operative bank, also the balance required under section 42 of the reserve bank of india act, 1934 to be so maintained; (b) any balances maintained by a central cooperative bank with the state co-operative bank of the state concerned, and (e) any balances maintained by a primary cooperative bank with central co-operative bank of the district concerned or with the sta~e co-operative bank of the state concerned, shall be deemed to be cash maintained in india 20 23 of 1965 (2a) (a) notwithstanding anything contained in subsection (1) or in sub~ection (2), after the expiry of two years from the commencement of the banking laws (application to co-operative societies) act, 1965, or of such further period not exceeding one year as the reserve bank having regard to the interests of the cooperative bank concerned, may think fit in any particular case to allow,-2 of 1934 (i) a scheduled state co-operative bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 1934, and (ii) every other co-operative bank, in addition to the cash reserve which it is required to maintain under section 18, 35 45 shall maintain in india in cash, or in gold valued at a price not exceeding the current market price or in unencumbered approved securities valued at a price determined in accordance with such one or more of, or combination of, the lollowing methods of valuation, namely, valuation with reference to cost price, market price, book value as may be specified by the reserve bank from time to time, an amount which shall not, at the close of business on' any day, be less than twenty-five per cent or s'uch other percentage not exceeding forty per cent as the reserve bank may, from time to time, by notiftcation in the official gazette, specify, of the total· of its demand and time liabilities in india, as on the last friday of the second preceding fortnight (b) in computing the amount for the purpose of clause (a), the following shall be deemed to be cash maintained in india, namely:-(i) any balance maintained by a scheduled state co-operative bank with the reserve bank in excess of 5 the balance required to be maintained by it under section 42 'of the reserve bank of india act, 1934; 20f 1934 (ii) any cash or balances maintained in india by a co-operative bank, other than a scheduled state co-operative bank, with itself or with the state co- 10 operative bank of the state concerned, or in current account with the reserve bank or by way of net balance in current accaunts and, in the case of a primary co~perative bank, also any balances maintained with the central co-operative bank of the, j 5 district concerned, in excess of the aggregate of the cash or balances required to be maintained under section 18; (iii) any net balance in current accounts explanation-for the purposes of this sub-section- 20 (a) approved securities, or a portion thereof, representing investment of monies of agricultural credit stabilisation fund of a co-operative bank shall not be deemed to be 'ullencumbered approved securities; 25 (b) in case a co-operative bank bas taken an advance against any balance maintained with the state co-operative bank of the state concerned or with the central co-operative bank of the district concerned, such balance to the extent to which it: 0 has been drawn against or availed of shall not be deemed to be cash maintained in india; (c) for the purpose of clause (a), the market price of an approved security shall include the price as on the date of the issue of the notification or 8s 35 o~ any earlier or later date, as may be notified from time to time by the reserve bank in respect of any class or classes of securities;"; (iii) in sub-section (3), for the proviso, the following proviso shall be substituted, namely:-40 "provided that every co-operative bank, other than a primary co-operative bank, shall also furnish withip the said period, a copy of the said retum to the national bank:'; (iv) in sub-section (6), in clause (4), for the worda 45 "fourteen days", the words "thirty days" shall be substituted~; i (x) after clause (4), the following clause shall be inserted, namely:-'(qq) after section 24, the following section shall be inserted, namely:-5 10 "24a without prejudice to the provisions of section 53, power to the reserve bank may, by notification in the official gazette, exempt declare that; for such period and subject to !nch conditions as may be specified in such nofiflcation, the whole or any part of the provisions of section 18 or section 24, as may be specified therein, shall not apply to any co-operative bank or class of co-operative banks, with reference to all or any of the offices of such co-operative bank or banks, or with reference to the whole or any part of the assets and liabilities of such co-operativ~ bank qr banks" '; ~xd in clause (w) relating to the modification of section 35,-(4) in sub-clause (i), for item (b), the following item shall be substituted, namely:-, (b) the following proviso shalll:>e inserted at the end, namely:-20 "provided that the reserve bank may, if it considers it necessary or expedient so to do, cause an inspection to be made of a primary co-operative bank under this sub-section by one or more officers of a state co-operative bank in the state in wi1ich such primary co· operative bank is registered" '; (b) sub-clauses (iii) and (iv) shall be re-numbered as subclauses (iv) and (v) respectively and before sub-clause (iv) as 10 re-numbered, the -following sub-clause shall be inserted, namely:-30 "(iii) atter sub--section (4)" the following sub-section shall be inserted, namely:-"(4a) without prejudice to 'the provisions of subsection (4), the reserve bank may, if it considers it necessary or expedient so to do supply a cop of the 35 report on any inspection or scrutiny to the state cooperative bank and the registrar of co-operative societies of the state in which the bank which has been inspected or whose affairs have been scrutinised is registered" '; (xii) for clause (z), the following clause shall be substituted, 40 namely:-- (z) in section 36, in sub-section (1) ,-(a) clause (b) shall be omitted; (b) for clause (d), the following clause shall he substituted, namely:--45 ie (d) at any time, if it is satisfied that for the re· organisation or expansion of co-operative credit on sound lines it is necessary so to do, by an order in writing and on such terms and conditions as many be specified therein-(i) depute one or ·more of its oftlcers to watch the proceedings at any meeting ~f the board of 5 directors of the co-operative bank or of any other body constituted by it and require the co~perative bank to aive an opportunity to the ofticer so deputed to be heard at such meetings and to offer such advice on such matters as the officer may consider 10 necessary or proper for the reorganisation and expansion of co-operative credit on sound lines, and also require such officer to send a report of such proceedings to the reserve bank i (ii) appoint one or more of its officers to observe 15 the manner in which the affairs of the c~perative bank or its offices or branches are heinl conducted and make a report thereon;" '; (xiii) in clause (za) relating to the modification of section 36a, in sub-clause (ii) , in sub-section (3) as inserted by that sub-clause, 20 for the words, brackets, letters and figure "in clause (ecc) of section 5", the words, brackets, letters and figure "in clause (cev) of section 5" shall be substituted; (xiv) after clause (za) , the following clause shall be inserted, namely:-25 (zaa) in section 36ad, sub-section (3) shall be omitted;"; (xv) for clause (zc) , the following clause shall be substituted, namely:-'(zc) in section 46,-(it) in sub-section (4), the word "or" occurring at the 30 end of clause (i) and clause (ii) shall be omitted; (ii) in clause (a) of the explanation, after the words "includes a", the words "co-operative society" shall be insert-, ed;' chapter v 35 amendments to the state bank of india act, 195543 in chapter vi after section 35 of the state bank of india act, 1955 23 of (hereafter in this chapter referred to as the state bank act), the ]955 :following section shall be inserted, namely:-rnsertion of new section 35a arrangement with the state bank on appointment of directors to prevail "35a (1) where any arrangement entered into by the state 40 bank with a company provides for the appointment by the state l3ank of one or more directors of such company, such provisions and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1956, or in any other law for the time being 45 1 of 1156_ in force or in the memorandum, articles of association or any otht;r instrument relating to the company, and any provision regarding share qualification, age limit, number of directorships, removal from oftlce of directors and such like conditions contained in any such jaw or instrument aforesaid, shall not apply to any director appointed by the state bank in pursuance of the arrangement as aforesaid (2) any director appointed as aforesaid shall-5 (a) hold office during the pleasure of the state bank and may be removed or substituted by any person by order in writing of the state bank; (b) not incur any obligation or liability by reason only of his being 1i director or for anything done or omitted to be done loin good, faith in the discharge of his duties as a director or anything in· relation thereto; (c) not be liable to retirement by rotation and $11 110t be taken into account for computing the number of directors liable to such retirement" 44 in section 40 of the state bank act,-amendment of section 40 (i) in sub:section (1), for the words "auditors' report on the working of the state bank", the words "auditors"report and a report by the central board on the working and activities of the state bank" shall be substituted; 20 (ii) after sub-section (3), the foll~wing sub-section shall be ill6erted, namely:--"(4) the central government shall cause the auditors' report and the report by the central· board on the working and activities of the state bank to be laid, as soon as may be 25 after they are received, ,before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions" 45 in section 42 of the state bank act, in sub-section (2), after the word "working", the words "and activities" shall be im;erted amendmeut of section 'oj '1_ amendment of section 43 30 46 in section 43 of the state bank act, in sub-section (2), for the words "as may be", the words "as may, by general or speciaj order, be" shall be suhtitituted 47 in section 49 of the state bank act, after sub-section (2), the following sub-section shall be inserted, namely:-amendment of section , :t9 "(3) every rule made by the central government under this 35 act shall be laid, as soon aos may be after it is made, before each house of parliament, 'while it is in session, for a total period of thirty days which may be comprised in one session or in two or more s~ccessive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule sho'uld not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, hpwever, that any such modification or ~nulment shpll be without prejudice to the validity of anything previously done under that rule" i 48 in section 50 of the state bank act, after sub-6ection (3), the fol1owin~ s'ub-section shall be inserted, namely:-5 amendment of sectlod 50 " (4) every regulation shall, as soon as may be after it is made under this act by the central board, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or 10 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation sho'uld not be made, the regulation shall thereafter have effect only in such modified 15 fonn or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation" chapter vi amendments to the state bank of india (svbsl!>iary banks) ~ct, 1959 2049 after section 36 of the state bank of india (subsidiary banks) aa of act, 1959 (hereafter in this chapter referred to as the subsidiary banks 1959 act), the following section shall be inserted, namely:-insertion of new section 36a "36a(1) a subsidiary bank shall, if so required by the reserve bank, act as agent of the reserve bank at all places in india, where 25 it has a branch, for-subsidiary bank to act as agent of the lteaerv bank (a) paying, receiving, collecting and remitting money, bullion and securities on behalf of any government in india; and (b) undertaking and transacting any other business which 30 the reserve bank may from time to time entrust to it (2) the terms and conditions on which any such agency business shall be carried on by the subsidiary bank on behalf of the reserve bank shall be such as may be agreed upon (3) if, no agreement can be reached on any matter referred to 35 in sub-section (2) or jf a dispute arises between a subsidiary bank and the reserve bank as to the in~rpretation of any agreement between them, the matter shall be re'ferred to the central government and the decision of the central government thereon shall be final (4) a subsidiary bank may transact any business or perform any functions e~trusted to it under sub-section (i), by itself or throu,h any agent app~oved by the reserve bank" so after section 38 of the subsidiary banks act, the following idjertion lection shall be inserted, namely:-of new section 3ba 5 10f 1956 10 arrange'"-ment with subsidiary banks on appointment of direc!-tors to prevail "38a (1) where any arrangement entered into by a subsidiary bank with a company provides for the appointment by the subsidiary banit of one or more directors of such company, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1956, or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding i!\harc qualification, age limit, number of directorships, removal from office or directol's and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the subsidiary bank in pursuance of the arrangement as aforesaid 15 (2) any director appointed as aforesaid shall-(a)' hold office during the pleasure of the subsidiary bank and may be removed or substituted by any person by order in writing of the subsidiary bank; 20 (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; f (e) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors uable to such retirement" ' ' 51 in section 43 of the subsidiary banks act,-(i) in sub-section (1) ,-amendment of section 43 ; (a) in the opening portion, for the words "and the reserve bank", the words ", the reserve bank and the central govem-30 ment" shall be s'ubstituted; (b) in clause (a), after the words "on the working", the words "and activities" shall be ins'erted; (ii) after sub-section (2), the following s'ub-section shall be inserted, namely:-35 "(3) the central go~rnment shall cause the auditor's report and the report by the board ·of directors on the working and activities of the subsidiary bank to be laid, as soon as may be after they are received, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions" 52 i n section 44 of the su bsidiax-y banks act,-amendm«w1 of section 44 (a) in sub-section (1), in the proviso, for the words "the state 5 banlc, or to the reserve bank", the words "the state bank, the reserve bank or the central government" shall be substituted; (b) in sub-'section (2), after the word "working", the words "and activities" shall be inserted 13 in section 53 of the subsidiary banks act, after sub-section (2), 10 the following wb-section shall be inserted, namely:-amendment of section :53 • (3) where the state banlc: nominates any of its officers as director of a subsidiary bank, such director shall not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the- discharge of 15 his duties as director or anything in relation thereto" 54 in section 62 of the subsidiary banks act, for sub-section (3), the following sub-section shsl1 be substituted, namely:~ amend ment ot section 62 , (3) every rule made under this section shall be laid, as ~oon a'3 may be after it is made, before each ho'use of parliament, while 20 it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of tht session immediately following the se6sion or the successive sessions aforesaid, both houses agj'ee in making any modification in the rule or both houses agree that the rule should not 25 be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be witho'ut prejudice to the validity of anything previously done under that rule" 55 in section 63 of the subsidiary banks act, after sub-section (3), the 30 "'~ following sub-'3eetion shall be inserted, namely:-amendment 01 section 63 i • (4) every regulation shall, as soon as may be after it is made 'under this act by the state bank, be forwarded to the central governmeut and that government shall cause a copy of the same to be laid hefore each house of parliament, whil~ it is in session, for a 35 total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions af~resaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not 4" he made, the regulation shall thpreafter have effect only in such modified form or be of no effect as the case may be; so, however, that any ~u~~ )'nodification or annulment shall be witho'ut prejudlct: to the validly of anything previously done under that regulation" i chapter vii amendments to me deposit insurance and credit guaiwftei: corporation act, 1961,, of leu 56 in section 2 of the deposit insurance and credit guarantee amend-5 corporation act, 1961 (hereafter in this chapter referred to as the ment of deposit insurance corporation act) ,_ section 2 looflm9 10 (a) in clause (b), for the wordo; and figures ", a subsidiary bank and any other banking institution notified under section 51 of the banking regulation act, 1949", the words "and a subsidiary bank" shall be substituted; (b) ior clause (ee) , the following clause shall be ubstituted, namely:-lot 1,0 4octll880 '(ee) "corresponding new bank" means a corresponc:jing new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 or, as the case may be, under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980;'; (e) in clause (i) ,-(i) after the words "banking company", at the first place ao where they occur, the words "or a corresponding new bank" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of july, 1971; (ii) for sub-clause (i), the following sub-clauses shall be substituted and shall be deemed to have been substituted with 25 effect from the 19th day of july, 1969, namely:-"(i) a banking company referred to in clause (a) or clause (b) of sub-section (1) or section 13, or (ia) a corresponding new bank, to which the provisions of clause fa) of sub-section (1) of 'sectioll 13 apply, or"; 30 (d) in clause (k), the words and figures ", and includes any banking institution notified under section 51 of the said act after such commencement" shall be omitted 57 in section 4 of the deposit insurance corporation act, in sub- amendsection (1), for the words "fifteen crores of rupees", the words "ftfty ment ot :-j5 crores of rupees" shall be substituted section" 58 in aection 6 of the deposit insurance corporation act,--amendment of (a) for sub-section (2) the following sub-section shall be section 8 substituted, name1y:-"(2) (i) a direct",· nominated under clallse (0) or clause (c) 40 of sub-section (1) shall hojd office during the pleasure of the authority nominating him; and (ii) 'a director nominated under clause (d) or clause (e) ot sub-section (i), shall pold office for such period not exceeding four years as may be specified by the central government and thereafter until his successor assumes office"; (b) in sub-section (3), in the opening portion, after the word, 5 brackets and letter "clause (d) ti, the words, brackets and letter "or clause (e)" shall be inserted; (c) after sub-section (4), the following bub-'section shall be inserted, namely:--"(5) if a director nominated under clause (e) of sub-eectfon 10 (1)-(0) becomes subject to any of the disqualiflcations mentioned in clauses (0) to (d) of sub-section (3); or (b) is absent without leave of the board for more than three consecutive meetings thereof, 15 his seat sh-all thereupon become vacant" amendment of aect10n 11 59 in section 11 of the deposit insurance corporation act, the words and figures ", or, as the case may be"after it is notified under section 51 of the said act" shall be omitted 80 in section 13 of the deposit insurance corporation act, in sub- 110 sections (2) and (3), the brrcketr and letter" (b) ," shall be omitted amendment ot tec:tion' 13 amendment of sectloh 13a 61 in section 13a of the deposit immrance corporation act, in clawle (b) of sub-section (2), after sub-clause (ii), the following sub-clause shall be inserted, namely: - ' ~ "(iii) every co-operative bank which has come into existence after 25 the commencement of the deposit insurance corporation (amendment) act, 1968, as a result of the division of any other co-operative ~6 of 1968 society carrying on business as a co-operative bank, or the amalgamation of two or more co-operative societies carrying on banking business, at the commencement of the banking laws (application to go co-operative societies) act, 1985, or at any time thereafter, within 23 of 1966 three months of its having made an application for a licence under the said section:" amendment of section 16 62 in section 16 of the deposit insurance corporation act, in subsection (1), in the proviso, for the words and figures "of section 13", the 35 words, brackets and figures "of sub-section (1) of section is" shall be substituted and shall be deemed to have been substituted with effect from the 19th day of july 1969 amendment of 8edlon 32 63 in scction 32 of the deposit insurance corporation act, in wbsection (2), for the words "for not less than thirty days before each 4d house of parliament as soon as may be after ellch such report sa neelved by the central government", tim! worda "a~j soon u may be after they are rec(fived before each house of parliament while it is in hulon " for a total pprlod of thirty days which may be comprised in one ~on or in two or more succossive sessions" shall be ~bltltuted in section 50 of the deposit insut'8nce corporation act, after subaection ('), the following sub-section shall be inserted, namely:-amendment of section iso - (4) every regulation shall: as soon as may be after it is made under this act by the board, be forwarded to the central govern-5 ment and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more 'successive sessions, and if, before the expiry of the session immediately following the session or the successive 10 sessions aforesaid, both hou'ses agree in making any modification in the regulation, or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified fond or be of no effect, as the case may be; 50, however, that any such modification or annulment shall be without prejudice 15 to the validity of anything previously done under that regulation!' chapter vui aib:ndments to the banking compa:"!"'; (acqulsinon and taansnn of undertakings) a~, 1970is in section 3 of the banking companies (acquisition and transfer amend-s of uno go ot undertakings) act, 1970 (hereafter in this chapter referred to as the ment of bank nationalisation act),-section 3 (i) in sub-section (5), for the words "one or more forms of business", the words "one or more of the other forms of business" shall be substituted; (ii) after 5ub-section (6), the following sub-section shall be inserted, namely:-- (7) (i) the 'corresponding new bank shall, if so reqnired by the reserve bank, act as agent of the reserve bank at all places in india where it has a branch, for-(a) paying, receiving, collecting and remitting money, bullion and securities on behalf of 'any government in india; and (b) undertaking and transacting any other busine which the reserve bank may from time to time entrust to it 35 (ii) the terms and conditions on which any 'such agency business shall be carried on by the corresponding new bank on beltalf of the reserve bank shall be such as may be agreed upon (iii) if no agreement can be reacbed on any matter referred to in clause (ii) , or if a dispute arises between the corresponding new bank and the reserve bank as to the interpretation of any agreement between them, the matter shall be referred to the central government and the decision of the central government thereon shali be final (i,,) the corresponding new bank may transact any business or perform any functions entrusted to it under clause (i) by itself or throueh any agent approved by the reserve bank" , 61 in section 9 of the bank nationalisation act,-(i) sub-section (5) shall be re-numbered a's sub-section (6) and before sub-section (6) as so re-numbered, the following sub-sectl and explanation shall be inserted, namely:-'(5) on and from the date of coming into operation of a 5 scheme made under this section with respect to any of the matters referred to ill clause (c) of sub-section (3) or any ·matters incidental, consequential and supplemental thereto,-(a) the scheme shall be binding on the corresponding new ·bank or corporations or banking institutiod's, and also 10 on the members if any the depositors, and other creditors and employees of each of them and on any other persons having any right or liability in relation to any of them including the trustees or other persons, managing or in any other manner connected with, 'any provident fund 01' other 15 fund maintained by any of them; (b) the properties and assets of the corresponding new bank, or as the case may be, of the banking institution shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vested in, and the liabilities of the cones- !zo ponding new bank, or, as the case may be, of the banking institution shall, by virtue of, and to the extent provided :in the scheme, stand transferred to, and become the uabilities of, the corporation or corporations brought into existence by reconstitution or the banking institution or the corr 25 ponding new bank, as the case may be explanation-in this section "banking institution" means a banking company and includes the state bank of india or a subsidiary bank' (ii) in sub-section (6) as so re-numbered, for the words "which 30 may be comprised in one session or in two successive sessiodb, and if, before the expiry of the session in which it is so laid or the session immediately following", the words "which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the succes- 35 sive sessions aforesaid" shall be substituted 67 in section 10 of the bank nationalisation act,-amend-__ t of l8cuonlo (i) after sub-section (4), the following e:rplandtiol1s shall be inserted, namely:-"ea;planation 1-for the purposes of this act-40 (a) the btuance-sheet shall not be treated u not di8-~losing a true and fair view of the affairs of the correspondm~ new bank, and (b) the profit and loss account shall not be treated u not showing a true balance of profit or lobs for the period 45 covered by such account, merely by reason of the fact that the balance-sheet or, as the cue may be, the profit and lou accouut, does not disclose all1 ioaflh9 matters which are by the provisions of the banking regulation act, f949, read with the relevant provisions of this act or a,ny other act, not required to be disclosed 5 e:rplanation h-for the purposes of this act the acct7unts of the corresponding new bank shall not be deemed as having not been properly drawn up on the ground merely that they do not disclos& certain matters if- 10 of 11'8 10 (i) those matters are such as the corresponding new bank is, by virtue gf any provision contained in the banking regulrtion act, 1949, read with the relevant provisions of this act, or any other &:t, not required to disclose; and (ii) the provisions referred to in clause (i) are specified in the balance-sheet and profit and loss accc7ildt of the corresponding new bank or in the auditor's report"; (ii) after sub-section (7), the following sub-section shall be inserted, namely:- (1 a) every corresponding new bank shall furnish to the central government the annual balance-sheet, the profit and loss account, and the auditor's report and a report by its board of / directors on the working and activities of the bank during the period covered by the accounts"; (iii) in sub-section (6), for the words "for not less than thirty dayw before each house of parliament as soon as may be after each auch report is received by the central government", the words '''as loon as may be after they are received before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions" shall be substituted; (if-') after sub-aection (8), the following sub-section shall be inserted, namely:-30 35 "(9) without prejudice to the foregoing provisions, the central govermnent may, at any time, appoint such number of auditors as it thinks fit to examine and report on the accounts of a corresponding new bank and the auditors so appointed shall have au the rights, privileges and authority in relation to the audit of the accounts of ·the corresponding new bank which an auditor appointed by the corresponding new bank has under this section," 68 aft~r section 16 of the bank na!ionalisation act, the follow;ng 40 section shall be inserted, namely:-· insertion of new i8etion 16a arrange_ ment with 45 "16a (1) where any arrangement entered into by a corresponding new bank with a company provides for the appointment by the corresponding new bank of one or more directors of such company, such provision and any appointment ot directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1956, or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and ~orre&-pondijrg bewbank on appointment of directors toprevau any provision regarding ware quawication, age limit, nwnbej: of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, ~ not apply to any director appoidted by the corresponding new bank in pursuaiwe of the arrangf'ment as aforesaid , 5 (~) any d1rector appointed as aforesaid shall- -(a) hold office dw'idg the pleasw:e 01 tlle ,f,',conesponding new bank and may be removed or substituted by any person by order in writing of the corresponding new banlt; (b) not incur any obligatioa or liability by reason only ot 10 his beillg a dirt'ctor or for anything done or omitted to be done ill goou fai1h m the dlscbarge of his duljes as a director or anytiullg in relation thereto; (c) not be liable to l'etirement by rota\lon and shall not 1)8 taken lllto account for coiuputia& the llumber ot directors 'wl~ 15 to such l'elu'ement" fi9 in sectioll 19 of the bank n ationalisation act, after sub-sectioo (3), the lol1<>wing sub-section shall be inserted, namely:-ameclment of iiectiob 19 (4) every regulation shall, as so011 as may be after it is lnade under this act by the board of directors of a co~pol1dldg new 20 bank, be iorwardeci to the central government md that govel'w:nellt sball cause a copy of the same to be laid before eacll house of parliament, while it ls in session, tor a total period of thirty days whu:b may be comprist>u ljl one ,5ess,ion or in two or more auccessive iicsslow;, and if, before the expiry of tbe seision immediately follo~ ~5 mg tile session or the successive sessions aforesaid, both houses ;~gl'ec in maklng any modification in the regulation or both houses iigtee tnat tne regulation should not be made, the re~t1on sball tjle1'eafter have effect only in such modilied form or be of no e1fect, as the case may be; so, however, wlat any such modificatlon or 30 annulment shaij be wlthout prejudice to the validuy of any thins previously (lolle under tbat regulation" chapter ix amelmm:ents to nu: regional rural l3a1us ar:r, 1976amendmeat of section 80 70 section 30 of the regional rural banks act, 1976 shall be re-11 of numbered as sub-section (1) thereof, and after sub-tlection (1) as 80 re- 35 19'18 numbered, the followma sub-section shall be inserted, ~:- ' (2) every reiuj,ation shall, as so~)ll as may be after it is made under this act by the board of directors, be forwarded to the central government and that government shall cause a copy of the same to be laid before each ho!:,se of parliament, while it is in session, lor a total fo period of thirty days which may be comprised in one session or in two or idore successive sessions, and if, before the expiry of the session immediately foll~wing the se88ion or the aucce&ll:ve seulods aforesaid, both houses agree in making any modification in the 45 regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have e1fect only in such modified form or be of no effect, as the case may be; 80, however, that any such modification or annulment shall be without prejudice to \he validity of anything previously done under that recujauon , 50 ambndmjints to the banking companus (acqulsltion\nd transfer of undertakings) ac:r, 1980oaf 1980 amendment of iectitm3 71 in section 3 of the banking companies (acquisition and transfer 5 of undertakings) act, 1980 [hereafter in this chapter referred to as the bank (second) nattonalisation act],-(i) in sub-section (5), for the words "one or more forms of business", the words "one or more of the other forms of business" shall be substituted; 10 (ii) after sub-section (6), the following sub-section shall be inserted, namely:-"(7) (i) the corresponding new bank shall, if so required by the reserve bank, act as agent of the reserve bank at all places in india where it has a branch, for-15 (a) paying, receiving, collecting ilnd remitting money, bullion and securities on behalf of any gm~rnment in india: and (b) undertaking and transacting any other ~ltsiness which the reserve bank may from time to time entrust 110 to it (ii) the terms and conditions on which any such agency business shall be carried on by the corresponding new bank on behalf of the reserve bank shall be such as may be agreed ullon (iii) if no agreement can be reached on roy matt~l' l"cfel'red to in clause (ii), or if a dispute ari~s between the rom'eosponding new bank and the reserve bank as to the interpretation of any agreement between them, the matter shall be refel't'ffl (0 the central government and the rlecision of the central gnvernment thereon shall be final 30 (iv) the correspondfn~ new bank may transact f'nv busine~s or perfonn any functions entrusted to it lln~er chu<;e (f), bv itself or through any lh!ent auproved bv the resenre bank" am,ej1dment of iectlon 872 in section 9 of the banle: (seconrl) nati'analisation act subflection (5) shall be re-nllmbered 1l~ sub-~ection (6) anti before sub-35 se-ction (6) as ~o re-numbered, thf' following sub-serti~n and e-eplar>ouon ~hal1 be inserted, namely: -' - - (5) on and from the date of mming into operation of a schpme made under this section with rp~pect to anv of the mattej:'s referred to jn clause (c) of sub-!!iection (2) or any mntters incld~nta1 consequential and supplementai thereto-45 (tt) the scheme shall be bindin~ on th~ rorres'!"londinrr new bank or corporations or banking institutions and '11<:0 on the membe~ if any the deoositors and oth~r crecp('rs and (>mploy~('~ of each of them nlld on any nther persons hrv;'1g any right or ii abiutyin t'elatfon to an" of them jndu(ung- \ he ~sb~ or othe't persom, mana1!fn~ or in "ny other mmlner connected with ilnv providrnt fund oy- othf--funil ma'ntnln't"d hy' any of thpm: - (b) the properties and 'seets of the correspondine new bank or, as the case may be, of the banking inatimtioo shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vested in, and the liabilities of the corresponding new bank or, as the case may be, of the banking idstftutiod shall, 5 by virtue of, and to the extent provided in the scheme, stand transferred to, and become the liabilities of,· the corporation or corporations brought into existence by reconstitution of the hanking institution or the corresponding new bank, as ~ case may be 10 explon4tion-in this section, "banking institution" means a banking company and includes the state bank of india or a subsidiary bank' - 13 in 'section 10 of the bank (second) nationalisatlon act,-amendment of -ctidh 10 (i) after sub-section (4), the following explanations shall be j 5 inserted, namely:-"'explanation i-for the purposes of this aet,-(a) the balance-sheet shall not be treated as dot di6-closing a true and fair view of the affairs of the correspond'lnl dew bank, and lito (b) the profit and lou account shall not be treated u not showing a true balance of profit or 1011 for the period covered by such account, 10tjilmt merely by reason of the fact that the balance-sheet or, as the case may be, the profit and lois accouut, does not disclose any ~5 matters which are by the provisions of the banking regulation act, 194f, read with the relevant provisions of this act or any other act, not required to be disclosed explanation il-for the purpose~ of this act, the accounts of the corresponding new bank shall not be deemed es having 30 not been properly drawn up on the ground merely that they do not disclose certain matters tf-(i) those matters are such as the corresponding new bank is, by virtu-e of any provision contained in the banking regulation act, 1949, read with the relevant provisions of 35 ii or 1m • this act, or any other act, not required to diselose; and (ii) the provisions referred to in clause (i) are specified in the balance-sheet and profit and loss account of the corresponding new bank or in the auditor's report it; (ii) after sub-secuon (1), the following bub-section shau be 40 insened, namely:-•• (7 a) every corresponding new hank shall fumblh to the central government the annual ba1ance-sheet, the profit and loss account, and the auditor's report and a report by its board of directors on th(> working and activities of the bank during the 45 period covered by the accounts"; (til) in sub-section (8), for the words "for not less than thirty days before each house of parliament as soon as may be after each such report is received by the central government", the words "as 'soon as may be after they are received before each house of parlia-, ment, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions" shall be substituted; (iv) after sub-section (8), the following 'sub-section shall be inserted, namely:-10 "(9) without prejudice to the foregoing provisions, the central government may, at any time, appoint such number of auditors as it thinks fit to examine and report on the accounts of a corresponding new bank and the auditors so appointed shall have all the rights, privileges and authority in relation to the 15 audit of the accounts of the corresponding new bank which an auditor appointed by the corresponding new bank has under this section" 74 after section 16 of the bank (second) nationalisation act, the following section shall be inserted, namely:-insertion ot hew section 16a 20 hu156 25 arrange_ ment with carre, ponciing new bank on appoint ment of director to prevail "16a (1) where any arrangement entered into by a corresponding new bank with a company provides for the appointment by the corresponding new bank of one or more directors of such comptmy, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1956, or in any other law for the time being in force or in t~ memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any j;uch law or instrument aforesaid, shall not apply to any director appoin~d by the corresponding new bank in pursuance of the arrangement as afo~said (2) any director appointed as;aforesaid shall-(a) hold office during the pleasure of the corresponding new 35 bank and may be removed or substituted by any person by order in writing of the corresponding new bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or any-40 thing in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement" 75 in section 19 of the bank (second) nationalisation act, after s'ilb-45 section (3), the following sub-section 'shall be inserted, namely:-amendmentof section i • "(4) every regulation shall, as soon as may be after it is made under this act by the board of directors of a corresponding new bank, be forwarded to the central government and that government shall cau~ a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more succes'sive sessions, and if, before the expiry of the session immediately follow-5 ing the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation sball thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or 10 annulment shall be without prejudice to the validity of anything previously done under that regulation" statement of objects and reasonsthe bill seeks to amend the bankers' books evidence act, 1891, the reserve bank of india act 1934 the banking regulation act, 1949, the state bank of india act 195-5, the state bank of india (subsidiary banks) act,' 1959, the deposit insurance and credit guarantee corporation act ] 961, the banking companies (acquisition and transfer of undertakings) act 1970, the regional rural banks act, 1976 and the' banking companies (acq'uisition and transfer of undertakin$s) act, 1980 in pursuance of the recommendations of the banking commission and of the committee on subordinate legislation and also in ,the light of the experience gained in the administration of those acts, the following are the more important amendments proposed in the bill:-(i) it is proposed to provide for the facility; of nomination to a "depositor", to nominate a person who could be paid, on the depositor's death the amount to the credit of the depositor'~ accounts likewise, the nominee of a person who has kept articles in safe custody with the bankers or has hired a locker will be able to get the articles kept in the bank's safe custody or locker in the event of the death of such a person the banks will be required to keep an inventory of the articles returned to the persons concerned in such manner as may be directed by the reserve bank from time to time (ii) the scope of the purposes for which banks can form s'ubsidiaries is being widened (iii) it is proposed to a'uthorise the reserve bank to increase the statutory liquidity ratio to be maintained in india by banks from 25 per cent up to a maximum of 40 per cent of the total demand and time liabilit:les of a bank in india and also to empower the reserve bank to impose penalties on banks which do not comply with the liquidity requirements of section 24 of the banking regulation act 1949, on the lines of similar provisions regarding maintenance of cash reserves contained in section 42 of the reserve bank of india act 1934 it is also proposed to change the period for filing of returns from weekly to fortnightly and to empower the reserve bank to specify the mode of valuation of security (iv) section 42 of the reserve bank of india act, 1934 is being amended to provide that the concept of average daily balance will now be linked to balances held at the close of business on each day of a fortnight instead of a week and to enable the scheduled banks to file fortnightly returns on ~ach altemte friday in a month instead of on each friday of the month (v) sections 45r, 45s and 45t of new chapter liic,tought to be inserted in the reserve bank of india act, 1934, provide that no individual or firm or an 'i1nincorporated association of individuals shall, at any time, have deposits from more than the specified number of depositors mentioned therein the officers of the reserve bank or the state governments, authorised in this behalf, will have power to obtain search warrant from a court so as to enable them to enter into and search any premises suspected to be used for purposes connected with the receipt of deposits in contravention of the provisions of the act (vi) it is proposed to amend the state bank of india act, 1955 and the state bank of india (subsidiary banks) act, 1959 for lay ing before each house of parliament, as in the case of nationalised banks, the auditors' report and the annual report on the working and the activities of the banks (vii) the banking regulation act, 1949 is being amended-(a) to empower the central government to frame rules specifying the periods for the preservation of the various types of records, s'uch as, books, accounts and other documents as also of the different instruments paid by banks; (b)· to provide that banks may return at the request of a customer a paid instrument before the prescribed preservation period,' only after making and keeping in the bank's possession a true copy of all relevant parts thereof made by mechanical or other processes ensuring the accuracy of the copy (viii) the bankers' books evidence act, 1891 is being amended-(a) to prqvide that during police investigations it would be sufficient for a bank to produce before police authorities certified copies of relevant extracts from its books unless the production of copies is considered not adeq'uate by an officer of a rank not lower than the rank of a superintendent of police; (b) to make it clear that if the original documents are destroyed by a bank in the usual course of its business and the copies of documents have been obtained by mechanical or other process before such destruction they shall be admissible in evidence (ix) it is further proposed to amend the state bank of india act, 1!}55 , the state bank of india (subsidiary banks) act, 1959 and the banking companies (acquisition and transfer of undertakings) act, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980 so as to provide a certain measure of pt'otection to the directors nominated by s'uch banks on the boards of companies assisted by them against prosecution as 8 result of non-compliance with provisions like share qualification, age limit, number of directorships, removal from office, retirement by retation, etc, contained in the companies act, 1956 or any other law or the memorandum or articles of association or any other instrument of the concerned company (x) it is further proposed to include the usual provision for laying of rules and regulations made under acts before parliaj ment in the banking regulation act, 1949, the state bank of india act 19f15, the state bank of india (s'ubsidiary banks) act 1959, the deposit insurance and credit guarantee corporation act, 1961, the banking companies (acquisition and transfer of undertakings) act 1970, the regional rural banks act, 1976 and the banking cbmpanies (acquisition and transfer of undertakings) act 1980 2 the notes on clauses explain in detail the various provisions contained in the bill new delm; the 27th april, 1983 pranab mukherjee clause 2-this clause seeks to substitute clause (4) of section 2 of the bankers' books evidence act, 1891 so as to amplify the definition of the term "legal proceedings" by including therein any investigation or inquiry under the code of criminal procedure, 1973, or under any other law for the time being in force for the collection of evidence conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force this clause also seeks to amend clause (8) of the said section so as to provide that a copy made from the original document by mechanical or other process ensuring the accuracy of such copy, together with a certificate to that effect, as- also a copy prepared from the original doc~ment prior to the destruction of the original by a bank in the usual course of its business, together with a c~rtificate to that effect shall be admissible in evidence these amendments are based on the recommendations of the banking commission this clause further seeks to incorporate a new section in the bankers' books evidence act, 1891 so as to provide that thl! order of a court or judge for production and inspection <if books of thl! bank shall be construed a'i referring to an order made by an officer of a f rank not luwer than a superintendent of police as may be specified in this behalf by the government by which the police officer or any other per~on conducting the investigation or inquiry is employed clause 3-this clause seeks to amend clause (4b) of section 17 of the reserve bank of india act, 1934 so as to enhance the ceiling on advances that can be granted by the reserve bank of india to the industrial finance corporation of india, from rs 3 crores to rs 15 crores this amendment is cpnst:quential to the amendment already carried out to sub-section (3) of section 21 of the industrial finance corporation act 1948 by the industrial finance corporation (amendment) act, 1982 clause 4-the amendment seeks to enable the central governm-:nt t~) approve the for~ of securities that may be held by the reserve bank for the purposes of section 33 of the reserve bank of india act 1934 without having to formany notify the securities that may be so held ' clause 5-this clause seeks to amend explanation to section 40 of the ~eserve bank of india act 1934, so as to replace the reference to foreign exchange regulation act 1947, by a reference to foreign exchange regulation act, 1973 ~ cl~lise 6-this clause !ceks to amend section 42 of the reserve bank of india act, 1934,- (i) to en~ure that 10llos from national co-operative dcvelop-il~cnt ,?orporatjon by the state co-operativc banks are not treated is liabilities for the purpose of calculation of "cash reserves" ratio, (ii) to ensure that loans ~rom sponsor banks by regional rural hanks ,!!"c d?t treated as hablhttcs for purposes of calculation of "cash rcsej'ves ratio, (iii) to authorise the reserve bank to settle any disputes or douots that may arise in c!a~:sifying transactions as liabilities ( iv) to provide that the concept of average daily balance will now be linked to balances held at the close of business on each day of a fortnight instead of a week and that the scheduled banks will now be required to file fortnightly returns on each alternate friday in a month instead of on '!ach fnday of the month as hitherto provision is also being made for filing of a special return when: hlst friday of a month is not an alternate friday for the purpo!'te of subsection (2) of section 42 clause 7--consequential to the amendment of section 42 of the reserve bank of india act, 1934 section 43 is sought to be amended to enable the reserve bank to publish a consolidated statement each fort~ night, instead of each week as at present - clall~'e h-this clause seeks to amend section 45h of the reserve bank of india act, 1934 consequent to an amendment to section 5 j of the banking regulation act, 1949 (vide clause 40( a)( ii)] clause 9-this clause seeks to amend clause (bb) of section 451 of the reserve bank of india act 1934 which contains the definition of the term "deposit" the definition of the term "deposit" is being widened so as to include any receipt of money by way of deposit or loan or in any other form, bul specifically excluding certain types of deposits mentioned therein so as to enable individuals and unincorporated associations and firms to obtain funds or advances for their legitimate business clause to-this clause seeks to insert new chapter iiic containing sections 45r 45s and 45t in the reserve bank of india act, 1934 section 45s seeks to provide that no individual or firm or an unincorporated association of individuals shah at any time have deposits from more than the number of depositors mentioned therein section 45t seeks to vest in the officers of the reserve bank or the state governmellts, autho~ rised in that behalf the power to obtain search wart ant from courts so as to enable them to enter into and search any premises suspected to be used for the purpose connected with the receipt of deposits in contravention of the act such a warrant shall be executed in the same way and shall have the same effect as a search warrant issued under the code of criminal procedure ] 973 ' / cloll\cs i 1 and 12-these clauses seek to amend respectively section 58b and section 5se of the reserve bank of india act, ] 934 with a view to providing for penalties for contravening the provisions of new section 455 uf that act (vide clause 10) clause j 3-this clause seeks to amplify the existing definitioll in section 5 of the banking regulation act, 1949 of the term "approved securities" it also seeks to incorporate in that section the definitions of the terms "corresponding new bank", "development bank", "exim bank", "reserve bank", "sponsor bank" and "state bank of india" clause 14-this clause seeks to amend section 7 of the banking regulation ~ct, 1'49, so as to clarify therein that no company other than a bankmg company shall use any of the words, viz, "bank", "banker" or "banking" as part of its, name, or in connection with its business \ clause ] 5-this clause seeks to amend section 8 of the banking regulation act, 1949 in pursuance of the recommendation of the banking commission, to provide that the provisions of the said section do not hit the business which the central government may specify under section (i (1 )( 0) thereof as a form of business in which it is lawful for a banking company to engage clallse 1 (i-this clause seeks to' insert a new sub-section (2a) in section loa of the banking regulation act, 1949 'so as to provide that a director of a banking company other than its chairman or woholetimc direc-~ tor, by whatever name called, shall not hold office continuously for a period exceeding 8 years it also seeks to provide that if a chairman or other wholetime director of a banking company is removed from office as such chairman or wholetime director he shah also cease to be a director of the banking company and shali not be eligible to be appointed as director of such banking company for a period of four years from the date of his ceasing to be the chairman or wholetime director, as the case may be clause 17-this clause seeks to amend section 10b of the banking regulation act 1949 so as to provide that one of the directors of tke banking company shah be the chairman of its board of directors this clause further seeks to provide that a chairman whose term of office has come to an end in certain circumstances shall, subject to the approval of the reserve bank, continue in office until his 'successor assumes office clause t 8-this clause seeks to insert a new section iobb in the banking regulation act 1949; so as to empower the reserve bank to appoint any person as the chairman of a banking company when the office of its chairman remains vacant for a long time and when in the opinion of the reo;erve bank, the interests of the said banking company are likely to be adversely affected by the said office so remainin~ vacant clause 19-this clause seeks to substitute section toc of the banking regulation act, 1949, so ac; to provide that a chairman of a banking company, whether appointed by the banking company itself or by the reserve bank, and a director of a banking company appointed by the reserve bank under section loa of that act, shall not be required to hold any qualification shares in the banking company clau~e 20--"section i od of the banking regulation act 1949 is being amended as a result of the introduction of new section 10bb in the same act (vide clause 1 r) clause 2 i-this clause ~,eeks to substitute section 18 of the banking regulation act, t 949 so as to provide in accordance with the recommendation of the banking commission in this behalf that the ca'ih reserve, which every non-scheduled banking company is required to maintain in india shah be maintained by it with itself or with the reserve bank only and not with the reserve bank or the state bank of india or any other bank notified by the central government in this behalf a'i is provided) at present this cash reserve is to be maintained on the basis of the 3 per cent of the total of the demand and time liabilities in india as on the last f~day of the second preceding fortnight instead of calculating the same with reference to each day's demand and time liabilities further, the monthly return shall, henceforth, show the amount so held on alternate fridays during a month instead of showing the amount so held on fridav of each week at the same" time it seeks to introduce the concept of "net balance" for the purpose of arriving at the amount of "balance in current accounts" which is to be treated as liquid asset· in terms of this provision each bank will be required to work out the difference between the balance held by it in current accounts with the public sector banks anrl the b~lan~es wh~ch the pu~hc sector banks may have in current accounts with 1t and mc1ude ~n its hquld assets only the excess if any, of ~he former over ~~e l~!t~r 1 he ~l,~use fu~her seeks to modify the definition of the term habdltjes tn ircija occurrmg in the "explanation" below existing section 18 of the aforesaid act in respect or which minimum cash balances are to be m'aintained by every banking company, not being a scheduled bank in the case of a banking company, not being a scheduled bank, only the net liability of that ban~ to the enti~e b~nking system, that is after deduction of the balances mamtamed by it with all other banks fr~m its gross liabilities to all those other banks, will be deemed to be its liability to these banks, for the purpose of section 18 this exp/~nation also applies to all banks for th~ purpose of section 24 of the said act the explanation is further modlhed to ensure that loan from a sponsor bank by a regional rural bank is excluded for purposes of calculating statutory liquidity ratio under sect inn 24 of the bunking regulation act, 1949 the clause also seeks to authorise the reserve bank to settle any dispute or doubts that may arise in classifying transactions as liabilities clause 22-this clause seeks to amend section 19 of the banking regulation act, 1949, so as to amplify, in pursuance of the recommendation of the banking commisskn, the scope of the said section with a view to enlarging the purposes for which a banking company can form subsidiaries a banking company would, n()w be permitted to form subsidiaries for carrying on one or more kinds of business which it is r~plilitted to engage in under clauses (a) to (0) of section 6 ( 1) of the said act at present, a banking company is not permitted to form subsidiaries except for undertaking and executing trusts, administration of estates as executors and for doing banking business outside india clause 23-this clause seeks to amend section 20(1)(b)(iil) of the banking regulation act, 1949, so as to provide that a banking company is precluded from granting any loans or advances to a company when the banking company's director is a director, managing agent, manager, employee or guarantor of such company or its subsidiary or holding coin· pany or in which such director holds substantial interest clause 24-this clause seeks to insert a new section 21a in the banking regulation act, 1949, so as to provide that rates of interest charged by banking companies to the debtors shall not be r~opened in a court notwithstanding anything contained in the usurious loans act, 1918, or any other state law relating to indebtedness clsuse 25-this clause seeks to amend sub-section (3) of section 22 of the banking regulation act, ] 949, so as to widen the scope of the matters which the reserve bank may consider before granting a licence to a company to can)' on banking business in india and also insert 'a new sub-section (3a) which is basad on the existing clause (c) of sub-section (3) a consequential amendment is also being made to clause (iii) of sub-section (4) of that section cla~se 26-this clause seeks to amend section 24 of the banking regulation act, 1949, so as to empower the reserve bank to increase the statutory liquidity ratio which the scheduled and non-scheduled banks are required to maintain in india, from the ·present statutory minimum limit of 25 per cent to a maximum of 40 per cent of their total demand and time l~abilities ~ india with reference to the last friday of the second prece~li1g fortmght the ~lause further seeks to modify the mode of yaluatlon of approved securities fo~ the purpose of statut0l1' liquidity ratio m pursuance of the recommendations of the working group on public debt management set up by the reserve bank hence section 24 is bein~ amended with a view tc? giving reserve bank an en~blmg power to specify the mode of the valuation of approved securities in accordance with policy req~irements a~ ex!"anation is also added 'to provide that the market pnce shall be the price as on the date of issue of the notificatiofl or as on any earlier or later date as may be notified from time to time by the reserve bank in respect of any class or classes of securities th~ r reserve bank of india is also sought to be empowered to charge peaai interest if there is a default in the maintenance of the minimum statutory liquidity ratio the clause a~so includes amendme~ts consequential to the amendments proposed to section 1 8 of the act (ville clause 21) clause 27-this clause seeks to amend section 29 of the banking regulation act, 1949, so as to cja!ify th~t the period specifi~ in subsection (3) of section 210 of the compames act, 1956, relating to preparation of the balance-sheet and profi! and i~ss a~count shall, in !he case of a banking company, be the penod endmg with the last working day of the year immediately preceding the year in which its annual general meeting is held clauses 28 and 32-1n view of the insertion and revision of certaiu definitions in section 5 of the banking regulation act, 1949 (vide clause 13), consequential amendments arc being made to sections 34a and 36ad of the said act qlause 29-this clause seeks to amend section 35 of the banking regulation act, 1949, for the following purposes:-(i) to clarify that the reserve bank has always been empowered to conduct scrutiny of the affairs of banking companit!s in addition to conducting regular inspection under that section; (ii) to empower an officer conducting scrutiny to have the same powers as that of an inspecting officer under that section; and (iii) to provide that the reserve bank shall furnish a copy of the scrutiny report to the banking company if it makes a request or if any adverse ~ction is contemplated against the banking company clause 30-this clause seeks to amend section 35b of the bankinc regulation act, 1949, so as to make the reserve bank's approval necessary for any change in the maximum permissible number of directors of a banking company it also seeks to remove the existing dual control in regard to the managerial remuneration in the case of a banking company, one by the reserve bank under section 35b of the banking regulation act, 1949 and the other by the government of india in the circumstances mentioned in sub-section (4) of section 198 of the companies act, 1956 clause 31-this clause seeks to amend section 36ab of the banking regulation act, 1949, so as to remove the limit on the number of additional directors which the reserve bank can appoint on the board of a banking company under that section clause 33-under section 464 of the companies act, 1956, as amended in 1960, the earjier powers given to the liquidator have been withdrawn and the high court has been empowered to exercise a discretion for appointing a committee of inspection this clause seeks to make consequential amendments to ~cction 42 of the banking regulation act 1949 ' clause 34-ln addition to making some textual changes in section, 45 of the banking regulation act, 1949, this clause seeks to amend-(i) sub-section (8) of the aforesaid section so as to make it clear that the sc~em~ of am~lgamation of one banking, company with any bankiilg mstltution shall also be bmding on the trustees or other ~sons managing, or in any other manner connected with, ajjy provuient fund or other fund maintained by any such company or the transferee bank~ (ii) sub-s~tion (15) of the said section with a view toconfinmg the scope of the definition of the term "banking institution" to ~y banking company including the state bank of india, a subsidiary bank or a corresponding new bank; and (iii) the said section by adding an explanation thereto so as to avoid a claim by an employee of the transferor bank that he should be given in the transferee bank the same ''rank or status" as he had in the transferor bank at the time of amalgamation clause 35-this cla'bse seeks to amend section 45a and section 451 of the banking regulation act 1949 respectively, so as to replace references to the code of criminal procedure, 1898, by references to the code of criminal procedure, 1973 and to make amendments to omit reference to jury trial clause 36-this clause seeks to amend section 45s of the banking regulation act, 1949, so as to replace the reference to chief presidency magistrate or the district magistrate by a reference to chief metropolitan magistrate or the chief judicial magistrate respectively these amendments are necessitated by the coming into force of the code of criminal procedure, 1973 clause 37-this clause seeks to insert a new part consisting 0: sectionlt 45y, 45z, 45za, 45zb, 45zc, 45zd 45ze and 45zf in the banking regulation act, 1949, based on the recommendations of the banking commission, so as-' (i) to empower the central government to frame rules specifying the periods of preservation of various types of records such as books, accounts and documents required to be maintained by a bankin2 company as also of the different instruments paid by it (section 45y); (ii) to enable a banking company to return at the request of a customer (including government departments and statutory corporations) a paid instrument, before the prescribed preservation -period only after making and ~eeping in its possession a true copy thereof made by mechanical processes (section 45z); (iii) to empower a banking company to make payment to the nominee of a d~positor or the person appointed under sub-section (3) of the new section 45za -of the amount to his credit, in the event of the death of the depositor (section 45za); (iv) to protect a banking company against any 'claim of the third party to the deposit (section 45zb): (v) to emlble a banking company to retum the m'ticles kept by a person in its safe custody to the nominee or the person appolnted under sub-section (2) of new section 45zc in the event of the death of th person leaving the articles in safe custody, after making inventory of the articles in the manner directed by the reserve bank, the inventory being signed by the person receiving the articles (section 45zc); (vi) to protect a banking company against any claim, to any articks, made by any person other than the person who placed the article in safe custody with the banking company (section 45zd); (vii) to enable a banking company to release the contents of a safety locker to the nominee ~r survivor of the hirer of such locker in the event of the deafh o€ the hirer, by making an inventory of the contents of a safety locker in the manner directed by the ~eservc bank the inventory being signed by the nominee or the survivor as also to protect the banking company against any liability for so releasing the contents of the locker (section 45ze); (viii) to protect a banking company against any claim to the contents of a safety locker made by any person other than ~e hirer of such locker who placed the articles in the safe custody with the , banking company (section 45zf) clause 38-this clause, besides making changes in sub-section (2) of section 46 of the banking regulation act, 1949 as consequent to amendment proposed vide clause 29, seeks to substitute sub-section (4) of the said section so as to make a failure to comply with any requirement of that act or of any order,,'rule or direction made thereunder or a failure to carry out the terms of an amalgamation sanctioned under section 45, as offences punishable with fine under section 46 clause 39-this clause seeks to amend section 47 of the banking regulation act, 1949, to substitute old functionaries under the code of criminal procedure, 1898 by new functionaries under the code of crimi· nal procedure, 1973 clause 40-this clause seeks to amend section 51 of the banking re~ation act so as:-(i) to make the prohibition contained in section 20 thereof against making advances to companies having a common director, inapplicable to advances by the public sector banks to companies in which the central government or the reserve bank or a corporation owned by that bank holds 40 per cent or more of the paid-up capital; (ii) to extend the statutory protection given by clause (c) of the proviso to section 51 thereof to an officer of the central government or the reserve bank or the state bank who may be nominated on the board of a corresponding new bank or a regional rural bank or any subsidiary bank or of a banking company and also to an officer of a corresponding new bank or a regional rural bank or a subsidiary bank who may be nominated as director on the board of any of the said banks; and (iii) to provide that a rule or direction made under the ace shall also apply to the state bank of india, any corresponding new bank, a regional rural bank and a subsidiary bank other amend· ments proposed to be made by this clause are of a consequenti~ nature clause 41-this clause seeks to amend section 52 of the banking regulation act, 1949, so as to provide for laying of rules made by the central government under the aforesaid act before each house of parlia-~ent t~e a!llendment also seeks to dispense with the condition of pre-vious publication of the rules to be framed under this section clau~e 42:-section 56 of the banking regulation act, 1949, specifies the modi~cations to certain sections of the act in their application to co-operative banks this clause deals with the modifications of the relev~t sections as a result of the proposed amendments to the banking regulation act the important -modifications are: (i) the proviso 'proposed to be substituted for the existing pro-viso to section 8 (relating to prohibition of trading) provides that the period of completing any business referred to in 'that section wi]) be extended only up to the expiry of one year from the commencement of the amending legislation (ii) the provisq!; proposed to be substituted for the second pro-viso to section 9 empower the reserve bank to extend the period of seven years for ~hsposl\l of non-banking asse,ts of a co-operative bank, if the reserve bank is satisfied that such extension would be in the interests of the depositljrs of the co-operative bank (iii) clause (j) of section 56 of the banking regulation act, 1949, which amends section 18 of the said act, in its application to co-operative societies, is being substituted by a new clause, the amendments being on the lines similar to the amendments to section 18 of the banking regulation act, as applicable to commercial banks (vide clause 21) this is to provide that the cash reserve of 3 per cent is to be maintained with reference to demand and time liabilities as on the last friday of the second preceding fortnight instead of calculating the same with rcference to each day's demand and time liabilities further, the monthly return submitted by co-operative banks shall show the position as on alternate fridays instead of every friday (iv) section 24, as applicable to co-operative banks is being amended to empower the reserve bank to increase the percentage of the statutory liquidity ratio from 25 per cent to 40 per cent maximum of the total of the demand and time liabilities in india as on the last friday of !he second preceding fortnight and also to change the period fur filing the returns showirg the position on alternate fridays instead of every friuay the sub-clause further seeks to umend the section as applicable to co-operative banks on the lines similar to the amendments to section 24 of the banking regulation act, 1949 as applicable to commercial banks (vide clause 26) in the matter of valuation of approved securities for the purpose of statutory liquidity ratio (v) a new section-section 24a-is proposed to be inserted empowering the reserve bank to exempt, by notification, any cooperative bank or class of co-operative banks from the applicability of the whole or any part of the provisions of section 18 or section 24 of the act with reference to all or any of the officei of such co-operaj tive bank or co-operative banks or with reference to the whole or any part of the assets and liabilities of such co-operative bank or co-operative banks and for such period and subject to such conditions as may be specified in the notification , (vi) clause (d) of sub-section (1) of section 3b is proposed to be substituted by a new clause which would enable the reserve bank to depute one or more of its officers to watch the proceedings at any meeting of the board of directors of a co·operative bank or to appoint its officers to observe the manner in which the affjlirs of the co-operative bank or its offices or branches are conducted and make a report-thereon clause 43-this clause seeks' to insert a new section 35a in the state bank of india act, 1955, with a view to providing certain protection to - directors appointed by the state bunk on the boards of companies assisted by it against prosecution as a re<;ult· of non-compliance with the provisions contained in the companies act, 1956, or in any other law 0; in the memorandum or articles of association it further seeks to provide that such a director shall hold office during the pleasure of the state bank and may be removed by it further, such a director will not incur any obli-~ation or liability by reason only of his being a director or for lidything done or omitted to be done in good faith in the discharge of his duty as a director it alsl) provides that such director shall not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement clause 44-this clause seeks to amend sect jon 40 of the state bank of india act, 1955, so &'l to provide for a report by the central board on the working and activities of the state bank it also seeks to provide for laying before each hou~e c?f parliament the auditor's r~port ~nd the ~eport on the working and activities of the state bank of india, as 15 done in the case of the nationalised banks claltse 45-the amendment to section 42 of the state bank of india act, 1955, is consequential to the amendment proposed to ~ction 40 of the act by clause 44 clause 46-this clause seeks to amend section 43 of the state bank of india act, 1955, so as to empower the central board of the bank to delegate by general or special order the powers to the officers of the bank clauses 47 and 48-these clauses seek to amend section 49 and section 50 respectively of the state bank of india act, 1955, so as to provide for laving of rules and regulations made under the aforesaid act before each house of parliament clause 49-the national bank for agriculture and rural development act 19r 1 has amended section 45 of the reserve bank of india act, 1934 and accordingly the reserve bank has been empowered to appoint subsidiary banks also to act as its alzents in the absence of an explicit provision in the state bank of india (subsidiary banks) act, 1959 enabling the said banks to undertake such a~ency business, it is necessary to 'incorporate a new section 36a in the said ae;t for the purpose clause 50-this clause seeks to insert a new section 38a in the state bank of india (subsidiary banks) act 1959 (on the lines of new section 35a proposed to he inserted in the state' bank of india act, 1955, by clause 4~) with a vie iv to providing certain protection to directors appointed bv a subsidiary bclok on the boards of companies assisted by it against pros('cutic'o ns a result of non-compliance with the llt'ovisions contained in the companies act, 1956 or in any other law for the time being in force or in the memorandum or artic1~ of association it further seeks to provide that such a director shall hojd office during the plea!ilure of the subsidiary bank and may be removed by it further such a (iirector will not incur any obligation or liability by rea'\on only of his bein~ a director or 'or anything done or omitted to be done in good faith in the dischanze of his duty as a director it also nrovides on the jines of new section 35a that such director shall not be liable to retirement by rotation clause 5t-this clause seeks to make some verbal amendments to section 43 of the state bank of india (subsidiary banks) act, 1959 and also to provide for the auditors' reoort and the reoort bv the board of directors on the working and activities of 'a subsidiary bank being laid before each house of parliament c~a,~se 52-the amendments to section 44 of the state bank of india c~~~~:l~ltry banks) act, 1959 are consequential to t~~a~l1en_d':;!,~: clause 53-this clause seeks to amend section 53 of the" state bank of india (s?bsidiary banks) act 1959, with a view to providinl:{ that the officer nof!1mated by th~ state bank as a director of its suhsidiary bank s~al1 dot mcur any ?bhgation or liability by reason only of his &ein~' a d!fector or for anvthldj% done or omitted to be done in good faith in the discharge of his duty as a dir~tor ,clauses 54 a~ld 55-these clauses seek to amend section 62 and section 63 respectively of the state bank of india (subsidiary banks) act, 1959, ~o as to provide for laying of rules and regulations made under the aforesaid act before each house of parliament clause 56-this clause seeks to amend the definition of the term "jn~llrcd bank" in clause (i) of section 2 of the deposit lnsuranc~ and credit guarantee corporation act, 1961 so as to include therein a corresponding new bank constituted under the banking companies acquisition and transfer of undertakings) act, 1970, a<; also a corresponding new bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1980 since clause (i) of section 2, as substituted by the de!,osit insurance corporation ( amendment) act, 1968 which came into force from the 1st july, 1971 did not include a reference to corresponding new banks constituted under the first nationalisation act, 1970, the amendment is sought to be made with retrospective effect from the 1st july, 1971 in respect of such banks in section 2(i), subclause (i) is also being substituted as an amendment consequential to the amendment of section 13 by the nationalisation act, 1970 being retrospective with effect from the 19th july, 1969, which is the date on which the nationalisation act 1970 came into force this clause also makes amendments consequent on certain amendments by clause 40 clause 57-this clause seeks to provide that the capital of the deposit insurance and credit guarantee corporation may 1?e raised to rs 50 crores instead of rs 15 crores as at present clause 58-this clause seeks to amend sub-section (2) of section 6 of the deposit insurance and credit guarantee corporation act, 1961 with a view to providing that the additional directors appointed under section 6 ( 1 ) ( e) of the act shall hold office for a term not exceeding four - years as may be specified by the central government it also seeks to provide that such director whose term of office comes to an end shall continue in office until his successor assumes office further, it seeks to amend sub-section (3) of section 6 of the act so as to provide that a director nominated by central government under clause (e) of sub-section ( 1) of section 6 shall not be capable of being nominated as a director in the circumstances indicated in sub-section (3) it further seeks to insert a new sub-section (5) so as to provide that the seat of a director nominated under clause (e) of sub-section (1) of section 6 shall become vacant in specified circumstances clause 59-this amendment is consequential to certain amendments by clause 40 clause 60-this clause seeks to amend sub-sections (2) and (3) of section 13 of the ~posit insurance and credit guarantee corporation act, 19,61 so as to omit the reference to clause (b) on the ground that the prov!sions of section 22 of the banking regulation act, 1949, are not applicable to the corresponding new bank vide section 51 of that act clause 61-consequent upon the proposed amendment to section 56 ( 0) of the banking regulation act 1949 [section 22 (2) of the said act as applicable to co-operative banks vide clause 42(vii)] this clause seeks to introduce a new sub-clause (iii) in clause (b) of sub-section (2) of section 13a in the deposit insurance and credit guarantcc corporation act, 1961 with a view to extending insurance coverage to deposits with such banks as mentioned in the said section 22(2) ~ clause 62-this clause seeks to amend section 16 of the deposit ~nsu!ance and credit guarantee corporation act, 1961 retrospectively m view of amendment of section 13 by the nationalisation act, 1970 clause 63-this clause s~eks to make textual changes in sub-section (2) of section 3~ of the deposit insurmcc i and credit guarantee corporation act, 1961, with regard tu laying of certain r\!ports before each house of parliament clause 64-this clause seeks to amend section 50 of the deposit insurance and credit guarantee corporation act, 1961, so as to provide for laying of regulations made under the aforesaid act before each house of parliament clause 65-this clause seeks to make certain textual ch<lngcs in section 3 of the banking, companies (acquisition and trarlsfcr of undertakings) act 1970 further, the national b!lnk for agriculture and rural development act, 1981 has amended section 45 of the reserve bank of india act, 1934 and accordillgly, the reserve bank has been empowered to appoint a corresponding n~w bank to act as its agent in the absence of explicit provisions in the banking companies (acquisition and transfer of undertakings) act, 1970 enabling 1 corresponding new bank to undertake such agency busine~s, it is necessary to incorporate a new subsection ~" clause 66-this clause seeks to insert a new sub-section in section 9 of the banking companies (acq\lisition and transfer of undertakings) act, 1970 so as to specifically provide that a scheme made under section 9 of that act shall be binding on the creditors, depositors, employees and , other persons affected by it this clause further seeks to incorporate a;" , defmition of the term "banking institution" in the said section 0n the lines of definition in sub-section (15) of section 45 of the banking regulation act, 1949, as proposed to be amended by clause 34 it also s,eeks to amend sub-section (6) relatirig to laying of scheme before parliament clause 67-this clause seeks to introduce two "explanations" in section 10 of the banking companies (acquisition and transfer of undertakings) act, 1970 on the lines of the corresponding provisions in the companies act, 1956 dealing with the scope of the auditors' reports in the matter of certifying that the balance-sheet exhibits a true and fair view of the affairs of the nationalised bank concerned this clause further seeks to insert new sllb-section (7 a) in section 10 so as to rationalise the existing arrangements regarding the furnishing of its annual balance-sheet and accounts together with the auditors' report and the annual report on its working and activities by each nationalised bank to the central government it also seeks to make certain textual changes in sub-section (8) of the said section relating to laying of reports before parliament it also seeks to insert new sub-section (9) in section 10 of the act so as to empower the central government to appoint, at any time, such number of auditors as it thinks fit to examine and report on the accounts of a nationalised bank clause 68-' this clause seeks to insert a new se~tion 16a in the banking companies (acquis~tion and transfer of undertakings) act, 1970 (on the lmes of new secbon 35a proposed to be inserted in the state bank of india ~ct, 1955, by clause 43) with a view to providing certain protection to directors appointed by a nationalised bank on the boards of comp~ies i assiste~ by it ag~inst prosecution as a result of noq-com-pliance with the provisions contamed m the comparues act, 1956 or in any other law or m the memorandum or article:; of association it further seeks to provi~e that such a director shall hold offi~e during the pleasure of the nationalised bank and may be removed by it further, such a director will not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in' good faith in the discharge of his duty as a director it also provides on the lines of new section 35a that such director shall not be liable to retirement by rotation clause 69-thls c1ause seeks to amend section 19 of the bankinjt companies (acquisition and transfer of undertakings) act, 1970 so as to provide for the layinjt of regulations made by the board of directors of a corresponding new bank under the aforesaid act before each house of parliament clause 70-1111s clause seeb to amend section 30 of the regional rural banks act, 1976, so as to provide that regulations made under that act shall be laid before each house of parliament clause 71-this c1au!~e seeks to make certain textual changes in section 3 of the bankine; companies (acquisition and 'transfer of undertakings) act, 1980 further the national bank for agriculture and rural development act 1981 haq amended section 45 of the reserve bank of india act 1934 and accordingly the reserve bank has been empowered to appoint a correspondtne; new bank to act as its agent in the absence of explicit provisions in the 'ranking companies (acquisition and transfer of undertakings) act 1980 enabling a correspondinr new bank to undertake such agency business, it is necessary to incorporate a new sub-section clause 72-this clause seeks to insert a new sub-section in section 9 of the ban king companies (acauisition and transfer of undertakings) act 1980 so as to specifically provide that a scheme made under section 9 of that act shall be binding on the creditors depositors employees and other persons affected by it this clause further seeks to incorporate a definition of the term "bankin~ institution" in the said section on the lines of definition in sub-section (15) of section 45 of the banking regulatiod act, 1949, as proposed to he amended by clause 34 clnu,e 73-this claus/" seeks to introduct" two "explanatio1ls" in section 1 0 of the 'rankinl! companieq (acquisition and transfer of undertakings) act, 1980 on the lines of the correspondin~ provisions in the companies act 1956 dealing with the scope of the auditors' r~port in the matter of certifying that the halance-sheet exhibits a true and fair view of the affairs of -the nationalised bank concerned this clause further seeks to insert new sub-section (7 a) ;n section 10 so as to rationalise the existing arrang~ments reparding the furnishing of its annual balance-sheet and accounts tovether with the auditors' reoort and the annual report on its workin~ and activities bv each nationalised bank to the central government it also seeks to make certain textual chane:es in sub-section (8) of the said section relating to layinl': of reports before parliament it also seeks to insert new suh-section (9) in section 10 of the act so aq to empow~r the c:entral government to appoint at any time such number of auditors as 1t thinks fit to examine and report on the accounts of a nationalised bank clause 74-this clause seeks to insert a new section 16a in the banking comp~nies (acquisition and transfer of undertakings) act 1980 (on the hne~ of new section 35a proposed to be inserted in the state bank ~f india act 1955-vide dause 43) with a view to providing - protection to directors appointed by a nationalised bank on the boards of c,!mpanies as~i~tcd by it ~gain~t prosecution as a requ1t of non-compliance with th: prowaons cont:uned in the companies act 1956 or in any nther jawor m the memorandum or articj~s of association it further seeks to provide that such a director sh~n hold office during the pleasure of the nationalised bank and may be removed by it further, such a director will not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duty as a director it also provides on the lines of new section 35a that such director shall not be liable to retirement by rotadon • "" it i"'ii''1 !billi",,: clause 75-this clause seeks to amend section 19 of the banking companies (acquisition and transfer of undertakings) act, 1980 so as to provide for the laying of regulations made, by the board of directors of a corre~onding new bank under the aforesaid act before each house of parliament clause 6, sub-clause (b), of the bill seeks to amend sub-section (ia) of section 42 of the reserve bank of india act, 1~4 $0 as to empower tb:e reserve bank to specify, by notification in the gazette of india, different dates in respect of banks subsequently included in the second schedule to that act sub-clause (c) of that clause seeks to insert sub· section (ic) in section 42 of the said act enabling the reserve bank to specify from time to time any transaction or class of transactions which shall be regarded as liability in india of a scheduled bank clause 13 of the bill seeks to amend the definition of "approved securities" in section 5 of the banking regulatk~ act, 1949, as mepning, inter azia, such of the securities authorised tly' the central government under clause (f) of section 20 of the ndian trusts act, 1882 as may be prescribed by rules made by the central government under the banking regulation act, 1949 ,lo 1 ,;" cla'use 21 of the bill and clal,lsc 42· as applicable to co-operative 80-cieties seek to substitute section 18 of the banking regulation act, 1949 clause (d) of the explanation to sub-section (1) of the said section 18 empowers the central government to notify financial institutions for the purposes of that clause sub-section (2) of the said section 18 empowers the reserve bank to specify any transaction or class of transactions to be regarded as liability in indla of a banking company or a cooperative bank, as the case may be, for the purposes of section 18 and section 24 of the banking regulation act, 1949 clause 26 of the bill and clause 42 as applicable to co-operative societies, seek to amend section 24 (2a) (a) of the banking regulation act, 1949 so as to empower the reserve bank to increase the liquidity ratio from the present statutory minimum limit of 25 per cent up to a limit not exceeding 40 per cent, as may be specified by the reserve bank ill the notification the relevant clauses also provide for banking companies and co-operative banks furnishing a special return in the prescribed form and manner further, the reserve bank is empowered to specify the mode of valuation of securities to be adopted by banks for the purpose of section 24 of the bankini regulation act, 1949 clause 37 uf the bill seeks to insert a new section 45y in the bank, ing regulation act, 1949, which empowers the central government, after consultation with the reserve bank to make rules specifying the periods for which banks shall preserve and keep their books, accounts and other documents as well as different instruments paid by them different periods may have to be fixed for different types of records, depending upon the nature of each record, and keeping in view the needs' and practical difficulties of the banks, and usefulness in connection with tax and other regulatory proceedings this clause further seeks to insert new sections 41)za, 45zc and 45ze in the bankhlg regulation act, 1949, in pursuance whereof, the depositors of banks, persons leaving articles in safe custody with banks, and hirers of safety lockers from banks are given the right of nomination in the manner prescribed by rules made by the central government 'under the said act th~ nomination so made can also be varied or ckncellcd in the prescribed manner the said sections 45zc and 45ze also require the banks to prepare, in such manner as may be directed by the rcflerve bank, an inventory of articles returned to claimants clause 42 of the bill seeks to insert a new section 24a as applicable to co-operative societies for empowering the fleserve bank to exempt, by notification, any co-operative bank or class of co-operative banks from the applicability oi the whole or any part of the provisions of section 18 or section 24 of the act, with 'reference to all or any of the omccs of such co-operative bank or co-operative banks, or with reference to· the whole or any part o~ the assets and liabilities of such cooperative bank or co-operative banks, and for such period and subject to such conditions as may be $pecified in the notification clause 46 of the bill seeks to amend section 43 of the state bank of india act; 19550 so as to provide for delegation of powers to the officers of the bank also by general or special ilrders made by tlle central board of the bank the matters in respect of which an authority is empowered to issue any authorisation, notification or order or to make l"'lles, relate to matters of procedure and administrative details the delegation of legislative power is, therefore, of a normal character annexure ex·1'racts from the bankfrs' books evidence act, 1891 - (18 of 1891)'" '" '" '" - ) 2 in this act,· unless there is something repugnant in the subject or deftnicontext,-tlona '" '" '" '" '" (4) "legal proceeding" means any proceeding or inquiry in which evidence is or may be given, and includes an arbitration: '" '" '" - - (8) "certified copy" means a copy of any entry in the books of a bank together with a certificate written at the foot of such copy that it it; a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that 'such book is still in the custody of the bank, such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and oftlcial title - '" '" - '" extracts from the reser've bank of india act, 1934 (2 of 1934) - '" '" '" •17 the bank 'shall be authorised to carry on and transact the several kinds of business hereinafter specified n~ely:-business which the bank may trmsact '" '" '" '" - (4b) the making to the industrial finance corporation of india of loans and advances,-'" - - - - (b) repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance, against securities of the central government· of any maturity or against bonds and debentures issued by the said corporation and guaranteed by the central government and maturing within a per~od not exceeding eighteen months from the date of such loan or advance: provided that the amount of loans and advances granted under clause (b) shall not at any time exceed three crores of rupees in the aggregate; - - - - - 33 (1) - - - - - a~tsnf ~ i •• uede-~rtmen, (6) for the purposes of this section, the foreign securities which may be held as part of the assets shall be-i (i) securities of the following kinds payable in the currency of any foreign country which is a member of the international monetary fund, namely:-(a) balances with the bank which is the principal currency authority of that foreign country and any other balances or securities in foreign currency maintained with or issued by the international monetary fund, the international bank for reconstruction and development, the international development association or the international finance corporation or asian development bank or the bank for international settlements or any banking or financial institution notified by the central government in this behalf, provided that they are repayable within a period of ten years; '" - transactions in foreign exchal'l'ge 40 the bank shall sell to or buy from any authorized person' who makes a demand in that behalf at its bffice in bombay, calcutta, delhi or madras" or at such of its branches as the central government may, by order determine, foreign exchange at such rates of exchange and on such conditions as the central government may from time to time by general or special order determine, havdng regard so far as rates of exchange are concerned to its obligations to the international monetary fund: provided that no person shall be entitled to demand to buy or sell foreign exchange of a value less than two lakhs of rupees explanation-in this section "authorized person" means a person who is entitled by or under the foreign exchange regulation act, 1947, to 'i of 1947 buy, or as the case may be, sell, the foreign exchange to which his demand relates - - - - - 42 (1) every bank included in the second schedule shall maintain with the bank an average daily balance the amount of which shall not be less than three per cent of the total of the demand and ~e liabilities in india of such bank as shown in the return referred to in 'sub-section (2): cash reserves of'sche dult!d banks to be kept with the bank provided that the bank may, by notification in the gazette of india, increase the said rate to such higher rate as, may be specified in the noti-slcation so however that the rate shall not be more than fifteen per cent of the total of the demand and time liabilities explanation-for the purposes of this section,-(a) "average daily balance" shall mean the ,average of the balances held at the close of busine~s on each day of a weeki (b) "week" shall mean the period from saturday to the followini friday, both days inclusive; , (c) "liabilities" shall not include-- - - - - (iii) in the c~ of a state co-op~rauvebank also any loaa taken by such bank from a state government and any deposit of money with such bank representing the reserve fund or any part thereof maintained with it by any co-operative society within its area of operation; · - - - (d) the aggregate of the "liabilities" of a scheduled bank which is not a state co-operative bank, to,-- - - - ~ of 1970 (iii) a corresponding new bank 'coq,stituted by section 3 of the banking companies (acquisition and transfel" of undertakings) act, 1970; - - - shall be reduced by the aggregate of the liabilities or all such banks and institutions to the scheduled bank; (e) the aggregate of the "liabilities" of a scheduled bank which is a state co-operative ~, to,-- - - 50f 19'70 (iii) a corresponding new bank constituted by section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970; - - - - - shall be reduced by the aggregate of the liabilities of all such banks and institutions to the state co-operative bank - - - (2) every scheduled bank shall send to the bank a return signed by two responsible officers of such bank showing-(a) the amount of its demand and time liabilities and the amount of its borrowings from banks in india classifying them into demand and time liabilities; - - - at the close of business on each friday, and every such retwn shall be sent not later than five days after the date to which it relates: provided that the bank may, by notification in the gazette of india, delete or modify or add to any of the particulars specified in the foregoing clauses: provided further that where friday is a public holiday under the 01 1111 negotiable instruments act, 1881, for one or more offices of a scheduled bank, the re1:urn shall give the preceding working day's figures in respect of such office or offices, but shall nevertheless be deemed to relate tn that friday: provided also that where the bank is satisfied that the furnishing of a weekly return qnder this sub-section is impracticable in the case of any scbeduled bank by reason of the geographical position of the bank and its branches, the bank may allow such bank-(i) to furnish a provisional return for the week within the period aforesaid to be followled up by a final return not later than ten days after the date to which it relates, or (ii) to furnish in lieu of a weekly return 'd monthly return to be sent not' later than fourteen days afteor the end of the month to which it relates giving the details specified in thi's sub-section in respect of such bank at the close of business for the month (3) if the averap,l' daily balance held at th~ bank by a scheduled bank during any week is below the minimum prescribed by or under sub-'section (1)' or sub-section (la), such scherluled hank shall be liable to p~y to the bank in respect of that week penal interest at a rtlte of three pet" cent above the bank rllte on the amount by which such balance with the bank falls short of the prescribed minimum, and if during the next 'succeeding week, such avera~e daily bal'3nce is still below the prescribed minimum, the rates of penal interest shall be increased to a rate of five per cent above the bank rate in respect of that week and each subsequent week during which the default continues on the amount by which such balance at the bank falls short of the pre$_ed minimum (3a) when under the provisions of sub-'section ('l) penal interest at the increased rate of five per cent above the bank rate has become payable by a scheduled bank if thereafter the average daily balance held at the bank during the next succeeding week is still below the prescribed minimum,-" , (a) every director, manager or secretary of the scheduled bank who is knowin~lv and wilfullv a ~arty to the default shall be punishable with fine which may extend to five hundred rupees and with a further fine which m'av extend to five hundred rupee!; for each subsequent week durjn~ which the default continues, and (b) the bank mav prohibit the scheduled bank from receiving after the said week any fresh deposit and, if default is made bv the scheduled bank in complving with the prohibition referred to in clause (b) everv qirector and officer of the sche, duled bank who is knowinglv and wilful1v a party to such default or who throtlt!h neglil!enc'e or otherwise contributes to such default shall in resnect of pach such d('fault be punishable with fine which mav extend to five hundred rupees and with a furthf'!r flne which mav extend to flvp hundred rupees fot' each d'3v after the first on which a depo!';it received in contravention of such prohibition is retained by the scheduled bank e:rplanation-yj1! thi-::: sub-sertirm "officer" includes a manager, secretary, branch mnna~pr and hrnnch flecrl'tnry: - - - - - publica·· tionot consolidat eel stateme'nt by ~heau~ 43 the bank sh'311 'cnuse to hi> pl1hlisht'd ellc'!h wmlr n c'onsoliitated statement shmvinl:! theo ngf,i'e~:1b lhbilitl"!s and a~"1pt~ of all the' ~c'hf'~t11pd hanks top'pthpr, based o~' the' rptllrnc; ~md information received under this act or any other law for the time being in force - - - - - jooflm9 chapter mbnot to apply in certain cases 45r the provisions of this chapter shiill not apply to the state bank or a banking company as defined in section' 5 of the banking ~gulation act, 1949 or a banking institution notified under section 51 of that act or a regional rural bank or a co-operative bank or a primary agricultural credit society or a pri:mary credit society: 'provided that for the purposes of this chapter, the tamil nadu industrial investment corporation limited shall not be deemed to be a banking company deftni_ tiol1b 90tl8u 451 in this chapter, unless the context otherwise requires,-- - - - - (bb) "deposit" shall include, and shall be deemed always to have included, any money received by a non-banking institution by way of deposit or loan or in any other form, but shall not includ~ amounts raised, by way of share capital, or contributed as c8ipital by pa~:tners of a firm; ~ - - - - - (d) "firm" means a firm as defined in the indian partnership act, 1932, of which the capital subscribed by its partners' exceeds one lakh of rupees; cogni zanceot offencea (e) "non-banking institution" means a company, corporation, co-operative society or firm - - - - - 58e (1') no court shall take cognizance of any o1fence punishable under this act except upon a complaint in writing made by an officer of the bank, generally or specially authorised in writing in this behalf by the bank, and no court other than that of a metropolitan magistrate or a judicial magistrate of the first class or a court superior' thereto shall try any such offence _ ! ~,,j - - - - - extracts from the banking rlxmla'l'ion aur, 1949 (10 of 19(9) - • - • •5 in this act, unless there is anything repugnant in the subject or interprecontext,-_ tatmt 2 of 1882 (a) "approved securities" means securities in which a trustee may f invest money under clause (4) clause (b), clause (~) clause (c) i)r clause (d) of section 20 of the indian trusts act, 1882; - - - - (1) "reserve bank" means the reserve bank of india; - - - - - '1 (1) no company other than a 'banldng company shall use as 'part of 'its name any of the words "bank", "banker" or "banking" and nc;> company shall carry on the business of banking in india unless it \1si!'5 as part of its name at'least one of such words - - - - - use of words ''bank'', "banker", "banking" or "'bank mgcom peny·' trading bankin, company to be managed bywholr=, time chairman 8 notwithstanding anything contained in section 6 or in any contract, no banking company shall directly or indirectly deal in the huying 01' selling ,or bartering of goods, except in connection with the realisation of security given to or held by it, or engage in any u-ade, or buy, sell or barter goods for others otherwise than in connection with bills uf exchange received for collection or negotiation or with such of its busin(;ss a'd is referred to in clause (i) of sub-section (1) of section 6: provided that this section shall not apply to any such businessai aforesaid which was in the course of being transacted on the cpnunence-, ment of this act, so however, that the said business shall be completed before the expiry of one ypar from such commencement explanation-for the purposes of this section, "goods" means every kind of movable property, other than actionable claims, st9cks, shares, money, bullion and specie, and all instruments referred to in clause (a) of sub-section (1) of section 6 - - - - - lob (1) notwithstanding anything contained in any law for the time being in force or in any contract to the contrary, every banking company in existence on the commencement of section 3 of the banking laws (amendment) act, 1968, or which comes into existence thereafter shall hav>e a chairman of its board of directors who shall be entrusted with the management of the whole of the affairs of the banking com~any: provided that the chairman shall exercise his powers subject to the superintendence, control and direction of the board of directors: provided further that nothing in this sub-section shall apply to a banking company in existence on the commencement of the said ~tion for a ·period of three month's frem such commencement - • - - - - (5) a chairman of the board of directors of a banking company may, by writing under his hand addressed" to the company, resign his office but shall continue in office until his successor assumes oftice - - - - ioc any director or chairman appointed by the reserve bank under section loa or section lob, as the case may be, shalt not be required to hold qualification shares in the banking company chairman or director appointed by the reserve baunot to be required to hold qualiftcatier! shares pro-vlsiorls of sections 10d any appointment or removal of a director or chairman in pursuance of section loa or section lob shall hav>e effect and any such person shall not be entitled to claim any compensation for the loss or termination of oftice, notwithstanding anything contained in any law ot in any contract, memorandum or articles ofsssociatiqn ~oa and lob to o-verride au other la1lts, eontraet6 etc 28 of 1881 - - - - - 18 every banking company, not being a scheduled bank, shall main-cash tain in india, by way of cash reserve with itself or in current account reserve opened with the res~rve bank or the state bank of india or any other bank noufied by the central government in this behalf or partly in cash with itself and partly in such account or accounts, a sum equivalent to at'lea'st three per cent of the total of ~ts time and' demand liabilities in india, and shall submit to the reserve bank before the fifteenth day of every month a return showing the amount so held on friday of each week of the preceding month with particulars of its time and demand liabilities in india on each such friday, or, if any such friday is a public holiday under the negotiable instruments act, 1881, at the close of b~siness on the preceding working day explanation-in this section and in section 24, "liabilities in india" shall not incltid~-(a) the paid-up capital or the reserves or any credit ba'ance in the proit and loss account of the banking company; 2 of 1934 (b) any advance taken from the reserve bank or from the state bank of'india or from the industrial development bank of india or from the export~import bank of india: or from the notional bank or from any bank notingd by the central go'lernment under clause (c) of the explanation to sub-section (1) of section 42 of the reserve bank of india act, 1934 restric_ tio'h on nature of aubsi diary companiee 19 (1) a banking company shall not form any subsidiary company except a subsidiary company, formed for one or more of the following purposes, namely, the undertaking and executing of trusts, the undertaking of the 8dministration of estates as executor, trustee or otherwise, the providing of safe deposit vaults or, 'with the previpus permission in writing of the reserve bank, the carrying on of the business of banking exclusively outside india, or such other purposes as are incidental to the business of banking i - - 1 of 1956, 20 (1) notwithstanding anything to the contrary contained in section 77 of the companies act, 1956, no banking company shall-restrictionson loan98tld advances " (b) e~ter into any commitment for granting any loan or advance to or on behalf of-- - - 1 of 1956, (iii) any company (not being a subsidiary of the banking company or a company registered under section 25 of the companies act, 1956, or a government company)· of which any of the directors of the banking company is a director, managing agent, manager, employee ,or guarantor or in which he holds substanti8i interest, or - " panies mainte· 'nance of a percentage ot assets zz (1) - - !ii - (3) befol'e granting any licence under ·thm section, the &!serve bank may require to be satisfled by an inspection of the books of the company or otherwiise that all or any of the following conditions are ful1ll1ed, name1y:- - - - - (c) in the case of a company incorporated outside india that the carrying on of banking b~by sw:h company in india will be in the public·interest and that the government or law of the country in which it is incorporated does not discriminate in any way against banking companies registered in india, and that the company complies with all the provisions of this act, applicable to banking companies incorporated outside india - - - (4) the reserve bank may ~ancel a licence granted to a banking company under this section-- - - - (iii) if at any time; any of the conditic>ns referred to in slib-sectiod (3) is not fulfilled: provided that before cancelling a licence under clause (ii) or clause (iii) of this sub-section on the ground that the banking company ha failed to:comply with or has failed to fulfil any of the conditions referred to therein, the reserve bank, unless it is of opinion that the delay will be prejudicial to the interests of the company's depositors or the public, shan grant to the company on ~uch terms as it may specify, an opportunity of taking the necessary steps for complying with or fulfilling such condition - - - - - 24 (1) after the expiry of two years from the commencement of this act every bankinf, company shall maintain in india in cash, gold or unencumbered approved securities, valued at a price not exceeding the current market price, an amount which 'shall not at the close of business on any day be less than 20 per cent of the total of its time and 'demand liabilities in india explanation-for the purposes of this section, "unencumbered approved securities" of a banking company shall include its approved securities lodged with another institution for an advance or any other credit arrangement to the extent to which such securities haye not been drawn against or availed of: - - - - - (2a) (a) notwithstanding anything contained in sub-section (1) or in sub-section (2), after the expiry of two years from the commencement of the banking companies (amendment) act, 1962,-36 of 1962 2 of 198-4 '(i) a scheduled bank, in addition to the average daily 9ti1ance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 1934, and (ii) every other banking company', in addition to the cash ,reserve which it is required to maintain under section 18, shall maintain in lndia in cash, gold or unencumbered approved securities, valued at a price not exceeding the current, market price, an amount which shall not at the cl~ k of business on any day be leb's than 2s per cent of the total of its demand and time lipliuties in india; (b) in computing the amount for the purp>ses'of clause (a),-(0 the deposit required under sub-section (2) of 'section 11 to be made with the reserve bank by a banking company incorporated outside india, and (ii) any cash or balances maintained in india by a banking c0mpany other than a scheduled bank with itself or in current account with the reserve bank or the state bank of india or with any other ,bank: which may be notified in this behalf by the central government, in excess of the aggregate of the cash or balance or·both required to be maintained under section 18, and touts (iii), any balances maintained by a scheduled bank with the reserve bank in excess of the balance required to be maintained by it under section 42 of the reserve bank of india act, 1934, and any balances in current account maintained in india by a scheduled bank with the state bank of india or with any other bank which may be notified in this behalf by the central government, shall be deemed to be cash maintained in india 21 of 1976 (2b) the reserve bank may, by notification in the official gazette, vary the percentage referred to in sub-section (2a) in ~--pect of a regional rural bank established under section 3 of the regional rural banks act, 1976 26 of 1881 (3) for the purpose of ensuring compliance with the provisions of this section, every banking company shall, not later than fifteen days after the end of the month to which it relates, furnish to the reserve bank in the prescribed form and manner a monthly return shpwing particulars of its assets maintained in accordance with this section, and its time and demand liabilities in india at the close of business on each friday during the month, or if any friday is a public holiday under the negotiable instruments act, 1881, at the clo'se of business on the preceding working day: provided that every regional rural bank shall also furnish a copy of the said return to the national bank - '" '" - - 34a (1) '" - ' - production of docu mentsof confiden-tial dature i of 19'10 21 of 1976 of1980 (3) for the purposes of this section, "banking company" includes the export-import bank of india, the' industrial development bank of india, the national bank, the reserve bank, the state bank of india a corresponding new bank constituted under section 3 of the banking companies (acquisition and tran'sfer of undertakings) act, 1970, a regional rural bank established under section 3 of the regional rural banks act, 1976, a corresponding' new bank constituted under section 3 of the banldng companies (acquisition, and transfer of u~dertakings) act, 1980, and any subsidiary bank 35 (1) - - - - - (2) it shall be the duty of every director or cjther omcer or employee of the banking company to produce to any oftlcer making an inspection under sub-section (1) all such books, accounts and other documents in his custody or power and to furnish him with any statements and information ,relating to the affairs of the banking company as the said officer may require of him within such time as the said officer may specify (3) any person making all inspection under sub-secticm (1) luay examine on, oath any director or other officer or employee of the banking company in relation to its business, and may administer an oath accordingly, (4) the reserve bank shall, if it has been directed by the central government to cause an inspection to be made, and may, in any other case, report to the central government on any inspection made under this section, and the central government, if it is of opinion after considering the report that the affairs of the banking company are being conducted to the detriment of the interests of its depositors, may, after giving such opportunity to the' banking company to make a representation in connection with the report as, in the opinion of the central government, seems reasonable, by order in writing-(a) prohibit the banking company from receiving fresh deposits; (b) direct the reserve bank to apply under section 38 for the winding up of the banking company: provided that the central government may defer, for such period as it may think fit, the passing of an order under this sub-section, or ca~el ,or modify any such order, upon such terms and conditions as it may think tit to impose - - - - - e~lanation-for the purposes of this' section, the expression "banldng company" shall include-(i) in the case of a banking company incorporated outside india all its , branches in india; and (ii) in 'the case of '8 bankirig company incorporated 'in india-(a) all its subsidiaries formed for the purpose of carrying on the busine-ss of banking exclusively outside india; and ' (b) all its branches whether sltuated in india 'or outside india - - - - - 358 (1) in the ~se of a banking company-amend mentsof pl'ovisions re-jolting to appoint-jjjents'of managing directol"0, etc, to be subj'ectto pj"t"vious approval of the f"eserve bank (a) no amendment of any provision relating to the appointment 9r re-appoi~tment or termination of appointment or remuneration of a chairman, a managing director or any other director, whole-time ur otherwjse or of a manager or a chief executive officer by whatever name called, whether that provision be 'containedin the company's memorandum or articles of association, or in an ~greement entered into by it, or in any resolution passed by the company in general meeting or by its board of directors shall have effect unless approved by the reserve bank; - - explanatio'n - ::fot' the purposes of this sub-sectibn, any ,provision conferring any beneflt or providing ariy amenity or perquisite, 'in 'whatever form, whether during or after the· termination of the term of oftlce of the chairman or the ~nager or the chiei executi~ ofticer by whatever name ,called or the managin6: director, or any other di):ector, whole-time ,or otherwise, shall be deemed to be a provision relating' to his remuneration 1 of 1956 power of reserve bank to appoint additional directors {2) nothing contained in 'sections 268 and 269, the proviso to sub-, section (3) of section 309, sections 310 and 311, the proviso to section 387, , and section 388 (in so far as 'section 388 makes the provisions oi s~ctions 310 and 311 apply in relation to the manager of a company) of the companies act, 1956, shall apply to any matter in respect of which the approval of the reserve bank has to be obtained under sub-section (1) - - - - - 3gab (1) if the reserve bank is of opinion that ~n the interest of banking policy or in the public interest or in the interests of the banking gompany or its deposi~ors it is necessary so to do, it may, from time to time by order in writing, appoint, with effect from such date as may be specified in the order, one or more' persons to hold office as additional directon; of the banking company: ' provided that the number of additional directors so appointed shall not at any time exceed five or one-third of the maximum stl'ength fixed for the board' by the articles, whichever is less - - - - 36ad (1) ~ - 5 ot 1970 pu:1ishmenu; for certain activities in relation to bank in,com pabies 21 ot 1976 40 of 1980 (3) for the purposes of this section, "banking company" includes the export-import bank of indi~, the reserve bank, the industrial development bank of india, the national bank, the state bank of india, a corresponding new bank constituted under'section 3 of the banking companles (acquisition and transfer of undertakings) act, 1970, a regional rural bank established under section 3 of the regionill rural banks act, 1976, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980, and any subsidiary bank 1 of 19')6 power to dispense with meetings of creditors, etc power of reserve bank to apply to 14'of 1947 '" - '" '" 42 notwithstanding anything to the contrary contained in sections 460, 464 and 465 of the companies act, 1956, the high court may, in the pro- ceedings for winding up a banking company, dispense with any meetings of creditors or contributories or with the appointment of a committee of inspection if it considers that no object will be secured thereby sufficient to justify the delay and' expense '" '" 45; (1) '" '" '" '" (5) the scheme aforesaid may contain provdsions for all or any' of the following matters, namely:-'" '" '" - - (i) the continuance of the services of all the employees of th~ banking company (excepting such of them as not being workmen within the ,meaning of the industrial disputes act, 1947 are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the trans'foer,ee bank at the same remuneration and on the same terms and conditions of service, which they were getting or, as the case may be, by which they were centl~al governmentfor suspension of bu3inesg bya bankingcompanyand to prepare beidg govemed, immediately before the date of the order of mora-torium: " l _di - provided that the scheme ahali contain a provision that-f'i2z " lchemeof j'ecodiu-tutionor ~ mation (i) the banking company shall payor grant not later than the expiry of the period of three years trom the date od which the scheme is sanctioned by the central government, to the said employees the same remuneration and the same terms and conditions of service as are applicable to employees of corresponding rank or status of a comparable banking company to be determined for this purpose by the reserve bank (whose deter mination in ¢is respect ~hall be final);' (ii) the transferee bank shall payor grant not later than the expiry of the aforesaid period of three years, to the said employees the same remuneration and the same terms and conditions of service as are applicable to the other emplsyees of corresponding rank or status of the transferee bank subject to the qualiftcatlons and experience of the said employees being the same as or equivalent to those of such other employees of the transferee bank: provid~ further 'that if in any case under clause (ii) of the first proviso any doubt or difference 'arises as to whether the quau-fication and experience of any of the said employees are the same as or equivalent to the qualifications and experience of the other employees of corresponding rank or status of the transferee bank, the doubt or difference shall be referred to the reserve bank whose decision thereon shall be final; - - - - - (8) on and from the date of the coming into operation of the scheme or any provi'sion thereof, the scheme or such provision shall be binding on th~ banking company or, as the case may be, on the transferee bank and any other banlting company concerned in the amalgamation and also on all the members, depositors and other creditors and employees of each of those companies and of the transferee bank, and on any other person having any right or liability in relation to any of those eom:panies or the transferee bank part ilia to over ride other ]a (9) on and from such date as may be specified by the central government in this behalf, the properties and assets of the banking company shbll, by vtirtue of and to the exretit provided in the scheme, stand transferred to, and vest in, and the liabilities of the banking company shall, by virtue of and to the extent provided in the scheme, sumd transferred to, and become the liabilities of, the transferee bank " " - - " (15) in this section, "banking mstitution" means any banking company and includes the state bank of' india or any other banking institution notified by the central government under section 51, ' " " - - - gao the provisions of this part and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in the companies act, 1956 or the code of civil procedure, 1908 or the code of criminal procedure, 1898 or any other law for the time being in force or any instrument havlng effect by virtue of any such law; but the provisions of any such law or instrument in so far as the same are not varied by, or inconsistent with, the provisions of this part or rules made thereunder shall apply to all proceedings under this part ~ special provisions for punishing 45j (1) the high court may, if it thinks fit, take cognizance of and try in a summary way any offence alleged to have been committed by any person who has taken part in the promotion or formation of the bank'ing company which is being wound up or by any director, manager or officer thereol: 1 of 1956 5 of 1898 off~es in rela-provided that the offence is one punishable under this act or under lion to the companies act, 1956 banking coin_ (2) when trying any such offence as aforesaid, the high court may panies also try any other offence not referred to in sub-section (1) which is an being offence with which the accused may, under the code of criminal prace- wu,ound p dure, 1898, be charged at the same trial (3) in any case tried summarily under sub-section (1), the high court-(a) need not summon any witness, if it is satisfied that the evidence of such witness will not be material; (b) shau not be bound to adjourn a trial for any purpose unless adjournment is, in the opinion of the high court, necessary in the interests of justice; 5 of 1898 (c) shall, before passing any sentence, record judgment embodying the s'ubstance of the evidence and also the particulars specified in section 263 of the code of criminal procedure, 1898, so far as that section may be applicable; ~ and nothing contained in sub~ection (2) of section 262 of the code of criminal procedure, 1898, shall apply to any such trial 1 of 1956 5 of 1898 (4) all offences in relation to winding up alleged to have been committed by any person specified in sub-section (1) which are punishable under this act or under the companies act, 1956, and which are not tried in a summary way under sub-sec~ion (1) shall, notwithstanding anything to the contrary contained in that act or the code of criminal procedure, 1898 or in any other law for the time being in force, be taken cognizance of and tried by a judge of the high court other than the judge for the time being dealing with the proceedings for the winding up of the banking company 5 of 1898 (5) notwithstanding anything to the contrary contained in the code of criminal procedure, 1898, the high court may take cognizance of any offence under this 'section without the accused being committed to it for trial and all such trials shall be without the aid of a jury - - - 45s (1) for the purpose of enabling the official liquidator or the chiefpr _ special officer appointed under sub-section (3) of section 37 to take into flidenc! e his custody or under his control, all property, effects and actionable claim1il magis: to which a banking company, is or appears to be entitled the official trate and liquidator or the special officer, astbe case may be, may request in dist~ict writing the chief presidency magistrate or the district magistrate, within ~:~~~o whase jurisdiction any property, books of account or other documents of assist such banking company may be situate or be found, to take possession offlcial thereof, and the chief presidency magistrate or the district magistrate, as the case may be, shall, on such request being made to him,-' (4) take possession of such property, books of accounts or other documerts, and (b) forward them to the official liquidator or the special officer liquidator in taking charge of - property of banking company 'being wound up (2) where any such property and effects are in the possession of the chief presidency magistrate or the district magistrate, as the case may be, such magistrate shall, on request in writing being made to him by the official liquidator or the special officer referred 1;0 in' sub-section (1) sell such property and effects and forward the net proceeds of the sale to the official liquidator or the special officer: provided that such sale shall, as far as practicable, be effected by public auction (3) for the purpose of securing compliance with the provisions of sub-section (1), the chief presidency magistrate or the district magi&-trate may take or cause to be taken such steps and use or cause to be used such force as may in his opinion, be necessary (4) no act of the chief presidency magistrate or the district magistrate done in pursuance of this section shall' be called in question in any court or before any authority - - - - - penalties (s (1) - - - - - cogni zanceof offences, (2) if any person fails to produce any book, account or other document or to furnish any statement or information which under sub-section, (2) of section 35 it is his' duty to produce or furnish, or to ~r any question relating to the business of a banking company which he is asked by an officer making an inspection'llnder that section, he shall be punishable with a fine which may extend to two thousand rupees in respect of each offence, and if he persists in such refusal, to a further fine which may extend to one hundred rupees for every day during· which the offence contin'lles - - - - (4) if any other provision of this act is contravened or if any default is made in complying with any requirement of this act or of any order, rule or direction made or condition imposed thereunder, any penon guilty of such contravention or default shall be punishable with flne which may extend to two thousand rupees, and wlu!le a contravention or default is a continuing one, with a further fine which may extend to one hundred rupees for every day during which the contravention or default continues - - - - - 4'1 no court shall take cognizance of any offence punishable under sub-section (5) of section 36aa or section 46 except upon complaint in writing made by 'an officer of the reserve bank or, as the case'may be, the national bank generally or specially authorised in 'writing in this behalf by the reserve bank or, as the case may 'be, the national bank, and no court inferior to that of a 'presidency magi'strate or a magistrate of the first class shall try any such offence - - - - 23 of 1955 - sot 19'to21 of 1976 appuca tion of certain provision to the state barrk of india and other tlotifted, banks '_ 198051 without prejua1ce to the provislons)f the state bank of india act, 1955, or any other enactment, the provisions of sections 10 13 to 15 17" 19·to 21, 23 to 28, 29 [excluding-sub-section (3)],31, 34,35, 35a, 36 [ex~ eluding clause (d) of sub-section (1)], 46 to 48, 50, 52 and 53 shall also apply, so far as may be, to and in relation to the state bank of india or any corresponding new bank constitut~d under section 3 of the bankling companies (acquisition, and transfer of undertakings) act, 1970, or a regional rural bank established under section 3 of the regional rural banks act, 1976, or any corresponding new bank constituted under section 3 of th~ banking comp~nies (acquisition and transfer of undertakings) act, 1980, or any oth8'r banking institution notified by the central government in this behalf as they apply to and in relation to banking companies: provided that-(0) nothing contained in clause (e) of sub-section (1) of section 10 shall apply to the chainn:an of the state bank: of india or to a general manager of any subsidiary bank in so far as the said clause precludes him from being 'a director of or bolding an officp in, any institution approved by the r~serve bank; (b) nothing contained in section 19 shall apply to tbe holding by the state bank of india of shares 1n the capital of any such subsidiary bank; and (e) nothing contained in section 46 or in section 47a shall apply to !lny officer of the central government or tbe reserve bank or the state bank of india, nominated or appointed as director of the state bank of india, or any such subsidiary bank or any' other banldng fdstitution notified by the central government under this section s2, (1) - power of central governmentto make rules 100f 1897, , | act | to ||------------|-------|| plytoc()- | || operative | || societies | || aubjecttc | || modiji | || cations | || use | of || word | || "bank", | || ~at1'ker" | || or | |(3) all rules made under this section shall be subject to the condition of previous publication, and the date to be spec'lfted under clause (3)' of section 23 of tbe general clauses aet, 1897, shall not be less than six months from the date on which the draft of the proposed rules was published: provided tliat in respect of the ftrst occasion on which rules are made under this section (including the rules made for the first time on matters specifted in sections loa and 47a) the provisions of this sub-section shah not apply -", ~ " " - - " 56 tbe provisions of this act, as in force for the time being, shall apply to, or in relation to, co-operative socie1des as tbey apply' to, or in relation t:', banki'ng companies subject to the following modifications, namely:-- - - " (c) in section ~,-- - " ' - (ii) dau'ses (ff) and (h) shall be omitted; - " " " " (f) for section 7, tbe following section shall be substituted, namely:-- '7 (1) no co-operative society other than a co-operative bank shall use as part of its name any of the ",,'0rds "bank", "banker" or "banking" and no co-operative society shall carry on the business of banking in india unless it uses as part of its • name at least one of such words (2) nothing in this section shall apply to--(a) a primary credit society, or (b) a co-operative society formed for the protection of the mutual interests of co-operative banks or co-operative land mortgage banks, (c) any co-operative society, not being a primary credit society, formed by the employees of a banking company or the stat~ bank of india or any other banking institution notified by the central government under section 51 or the employees of a subsidiary of such banking company or the sta~ bank of india or, as the case may be, 'such banking institution'; (g) sections 10, loa, lob, loc and iod shall be omitted; - - - - - • (;) for section 18, the followin~· section shall be substituted, namely:-'18 every co-operative bank, not being a s,tate co-operative bank for the time being included in the second schedule to the reserve bank of india act, 1934, shall maintain in india, by 2 of 1934 way of cash reserve with itself or in current account opened with the reserve bank or the state bank of india or the state cooperative bank of the state concerned or with any other bank notified by the central government in this behalf or, in the case of a primary co-operative bank, with the central co-operative bank of the district conceraed or partly in cash with itself and partly in such account or accounts, a sum equivalent to at least three per cent of the total of its time and demand liabilities in india, and shall submit tq the reserve bank before the l~th day of every month a return showing the amount so held on friday of each week of the preceding month with particulars of its time and demand liabilities in india on each such friday, or, if any such friday is a public holiday under the negotiable instruments act, 1881, at the clo'se of business on the preceding, working day 26 of 1881 explanation-in this section and section 24 "liabilities in india" shall not include,-- (a) the paid-up capital or the reseryes or any credit balance in the proflt and loss account of the co-operative bank; (b) any advance taken from a state government, the reserw bank, the state bank of india, the industrial development bank of india, the export-import bank of india, the national bank or any bank notified by the central government under clause (e) of the explanation to sub-section (1) of section 42 of the reserve bank of india act, 1934; j of 191 •• ' (c) in the ji,ilse of a state or central co-operative bank, also any deposit of money wtth it representing the reserve [undor any part thereof required to be maintained with it by any other co-operative society within its area of operation, and in the case of a central co-operativ!e ,bank, also an advance taken ~y it from the state co-operative bank of the state concerned; - lof 1956 (d) in the case of a primary co-operative bank, also any advance taken by it from the state co-operative bank of the state concerned or the central co-operative bank of the district concerned'; (m) in section 2qa in sub-section (1), the words and figures "notwithstanding anything to the contrary contained in section 293 of the companies act, 1956," shall be omitted; - (0) in section 22,-23 of 1965 (i) for sub-sections (1) and (2) , the following sub-sections shall be substituted, namely:-- - - ' (2) every co-operative society carrying on business as a co-operative bank at the commencement of the banking laws (application to co-operative societies) act, 1965, 'shall before the expiry of three months from such commencement, every primary credit society which becomes a primary cooperative bank after such commencement shall before the expiry of three months from the date on which it so becomes a primary co-operative bank and every co-operative society other than a primary credit society shall before commencing banking bu'siness in india, apply in writing to the resex:ve bank for a licence under this section: provided that nothing in clause (b) of sub-section (1) shall be deemed to prohibit-23 of 1~3 (i) a co-operative society carrying on business as a co-operative bank 'at the commencement of the banking laws (applic,ation to co-operative societies) act, 1965, or (ii) a co-operative bank which has come into existence a's a result of the division of any other co-operativf" society or the amalgamation of other co-operative socteties carrying on business in either case as a cooperative bank or banks at such commencement, or (iii) a primary credit society which becomes a primary co-operat've bank af~er such commencement, ~rom carrying on banking business until it is granted a licence in ~ursuance of this section or is, by a no~ice in writing, notified by the reserve bank that the licence cannot be granted to it"; - - - ' (p) in section 23,-- - - (ii) after sub-section (4), the following sub-'dection shall be inserted, namely:-"(4a) any co-operative bank requiring the permission of the reserw bank under this section shall forward its application to the reserve bank through the national bank which shall give its comments on the merits of the application and send it to the reserve bank: ' i' provided that the co-operative bank shnll also' send an advance copy of the application directly to the reserve bank"; ,(q) in section 24,-(i) in sub-section (1), the words "after the expiry of two years from the commencement of this act," 'shall be omitted; ('~i) for sub-sections (2) and (2a) , the following sub-sections shall be substituted, namely:-< (2) in computing the amount for the purposes of subsection (1) ,-(a) any bamnces maintained in india, by a c0-operative bank in current account with the reserve bank or the state bank of india or with any other bank which may be notifif~d in this behalf by the central government, including in the case of a state co-opei'ative bank, the balan('e' required under section 42 of the reserve bank of india act 1934, to be so maintained, 2 of 1934 (b) any balances maintained by a central co-operative bank with the state co-operative bank of the state concerned, and (c) any balances rn~ntained by a primary co-operative bank with the central co-operative bank of the district concerned or with the state co-operativebank of the state concerned, shall be deemed to be cash maintained in india (2a) (a) notwithstanding anything ~ contained in subsection (1) or in 'sub-section (2), after the expiry of two years from the commencement of the banking laws (application to co-operative societies) act, 1965, or of such further 23 of 19611 period not exceeding one yenr as the reserve bank, having regard to the interests of the co-operative bank coneerned, may think fit in any particular case to allow,-(i) a state co-operative bank,in addition to the average c1ahy balance which it is, or may be, required to maintain' under section 42 of the reserve bank of india act, 1934, and 2 of 1934 (ii) every other co-operative bank, in aadition to the cash reserve which it is required to maintain under section l8, shali maintain in india in cash, gold or unencumbered approved eecurities, valued at a price not exceeding the current market price, an amount which shall not at the close of business on any day be less than twetlty-five per cent of the total of its demand and time liabilities in india; (b) in computing the amount for the purpose of clause (a),-(i) any cash or balances maintained in india by a co-operative bank, other than a scheduled state cooperative bank, with itself or in current account with the reserve bank or the state bank of india or with any other bank which may be notified, in this behalf by the central government and also any balances mantained with the state co-operative bank of the state concerned, and, in the case of a primary co-operative bank, also any balances maintained with the central co-operative bank of the district concerned or with the state co-operative bank of the state concerned in excess of the aggregate of the cash or balances or both required to be maintained under section 18; and (ii) any balance maintained by a scheduled state cd-eperative bank with the reserve bank in excess of 20t 1914 ~e balance required to be maintained by it under &1!ction 42 of the reserve bank of india act, 1934, and any balances in current account maintained in india by a: 'scheduled state co-operative bank with the state bank of india or with any other bank which may be notified by the central government, shall be deemed to be cash maintained in india explanation-for the purposes of this suh-section,-(a) approved securities, or a portion thereof, representing ivestment of agricultural credit stabilization fund of a co-operative bank shall not be deemed to be unencumbered approved securities; (b) balance with the state co-operative bank of the state concerned or with the central co-operative bank of the district concerned, or a portion thereof, representing investment of agricultural credit stabilization fund of a co-operative ba~ shall not be deemed to be cash maintained in india; (c) dn case a co-operative bank has taken an advance against any balance maintained with the state bank of india or with any- other bank which may be notifted in this behalf by the central government or with the state co-()perative bank of tbe state i concerned' or with the central co-operative bank of the district concerned, such balance to the ej-tent to which it has been drawn against or availed of shall not be deemed to be cash maintained in india"; - - - - ;" (w) in section 35,-(i) in 'sub-section (1),-- - - - - (b) the following proviso shall be inserted at the end, namely:-"provided that the reserve bank may, if it considers necessary or expedient so to do, cause an inspection to be made of a primary co-operative bank under this subsection by one or more officers of a state co-operative bank in the state in which such primary co-operative bank carries on business and may, if it considers it necessary and expedient so to do, 'supply a copy of the said report to the state co-operative bank or the registrar of co-operative societies of the state in which the inspecled bank is registered"; (ii) in sub'iiection (4), clause (b) 'shal~ be omitted; (iii) in sub-scction (6), for the expressions "reeional rural banks" and "regional rural bank", wherever they occur, the expressions "co-operative banks other than primary co-operative banks" and "co-operative bank other than a primary co-operative bank" shall, respectively, be substituted; (iu) the explana«on shall be omitted; - - - - - (z) in section 36, in sub-section (1), clauses (b) and (d) shall be omitted; (za) in section 36a,--- - - - - (ii) after sub-section (2), the f~llowing sub-section shall be inserted, namely:-"(3) subject to the provisions of sub-sections (1) and (2), a co-operative society carrying on business as a primary co-operative bank at the commencement of the banking laws (application to co-operative societies) act, 1965, or a co-23 of 1981 operative 'society which becomes a primary co-operative bank after such commencement shall, notwithstanding that it does not at any time thereafter satisfy the requirements of the definition of primary co-operative bank in clause (ccc) of section 5, continue to be a primary co-operative bank: within the meaning of this act, and may, with the approval of the ~erve bank and subject to such terms and condition's as the reserve bank may specify in that behalf, continue to carry on the business of banking"; - - - - - (%c) in section 46, in clause (a) of the ezplanation, after the words "includes an, the words "co-operative 'society,'" shall be inserted; , (zd) in section 47, the words, brackete, figures and letters "subsection (5) of section 36m or" shall be omitted; (ze) section 49 shall be omitted; (zf) in section 49a, for the proviso, the following proviso shall be substituted, namely:- "provided that nothing contained in this section shall apply to-(a) a primary credit society, dotla (b) any other co-operative society accepting such deposits at the commencement of the banking laws (application to co-operative societies) act, 1965, for a period of one year from the date of such commencement; and (e) any savings bank scheme run by the government"; (zg) sections 49b and 49c s~ be omitted; (zh) in section so, the figures and letters "10, 12a, 16" "3sb," and "43a" shall be omitted; (%i) section 51 shall be omitted; - (zj) in section 52,-'(i) in sub-section (2), the words, figures and letter "and the form in which the official liquidator may ftie lists of debtors to the court having jurisdiction under part m or part nia and the particulars which such lists may contain" shall be omit~; (ii) sub-section (4) shall be omitted; (zk) for section 55 and the first schedule, the following se~tion shall be substituted, namely:-"55 (1) the bankers' books evidence act, 1891 shall apply in relation to a cb-operative bank as it applies in relation to a bank as, defined in section 2 of that i act act 180t 1891 and act 48 of - 1949 to apply in relation to coopel'ative banb (2) the banking companies (legal practitioners' clients' accounts) act 1949 shall appty in relation to a co-operative bank as it applies in relation to a banking company as defined in section 2 of tpat act "'; - extracts from the state bane of india act, 1955 (23 op 1955)" " (1) the state bank shall furnish to the central government and returns, to the reserve bank within three months from the 31st day of december, as on whicl1 its books are closed and bal~ed its balance sheet, ~ together with the profit and loss account and the auditors' report~on the working of the state bank during the period covered by the accounts: provided that the central government may, after consultation with the ~serve bank, extend the said period of three months by such" further period, not exceeding three months, as it may think fit balance sheet, etc, - of state bank may be d1bc:ussed at general meetiiig 42 (1) - - - - (2) the shareholders present at an annual general meeting shall be entitled to discuss the balance sheet and the profit and loss account of the state bank made up to the previous 31st day of december, the report· of the central board qn the working of the state bank for the period tovered by the accounts and the auditors' report on the balance sheet and accounts chapter viii\ miscellaneous - - - 43 (1) - state bank may appoint of6eera 8d'dother employees (2) tbeofficers, advisel's and employees of the state bank: shall exercise such powers and perform such duties as may be entrusted or delegated to them by the central board , extracts from the state bank of india (subsidiary banes) act, 1959(38 of 1959) - - - - - 43 (1) a subsidiary bank shall furnish to the state bank and the reserve bank-returns to be funisheel by a subsidiary bank ' gena!ral meetfh,li ~ (a) within three m~ntbs from the 31st day of december as on which its books are closed and balanced, its balance sheet, together with the profit and loss account and the auditor's report, and a report by the board of directors on the working of the subsidiary bank during the period covered by the accounts; and - - - - ' provided that the reserve bank may, after consultation with the state bank, extend the said period of three months by such further period, not exce~ding three months, as it may think fit , - - - - 44 (1) a general meeting (hereinafter referred to as an annual general meeting) of a subsidiary bank shall be held in each year at the place where the heed office of the subsidiary bank is situate, and any other general meeting may be convened by the board of directors at any time:· provided that such annual general meeting shall be held before the expiry of six weeks from the date on which the balance-sheet, together with the profit and loss account and auditor's report, is, under subsection (1) of section 43, forwarded to the state bank, or to the reserve bank, whichever date is earlier (2) the shareholders present at an annual general meeting shall be entitled to discuss the balance sheet and profit and loss account of the bank concerned, nlade up to the previous 31st day of december, the report of the board of directors on the working of that bank for the period covered by the accounts and the auditors' report pn the batnee sheet and accounts - - - - - 62 (1) - power of central government, to make rules (3), all rules made under this sectionshall be laid for not less than thirty days before each house of parliament as soon as may be atter they are made, and shall be subject to such mo4ilicawons as par!lament may make during the session in which they are so laid or the session immediately following - ' extracts it'rom the deposit instlllance and clledit guarantee definitions corporation ai:r, 1961 (47 oj' 1961), - - - - 2 in this act, unless the context otherwise requires,-- - 10 of 1949 (b) ''banking company"" means ibny cqmpany which tram»acts the business of banking in india and includes the state bank, a ,f; subsidiary bank and any other banking institution notified under " section 51 of the banking regulation act, 1949, but does not ,'nelude the tamil n adu industrial investment corporation limited; - 40 of 1980 (ee) "corresponding new bank" means a corresponcing new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 or a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakin&'i) act, 1980; - ,(i) "insured bank" means a banking company or a regional rural bank or an eligible co-operative bank for the time being registered under the provisions of this act and includes for the purposes of sections 16, 17, 18 and 21,-(i) a banking company referred to in clause (a) or clause (b) of section 13, or - - , loot 1949 (k) "new banking company" means a "banking company whlch begins 'to transact the business of bqnking after the commencement of this act under a licence granted to it under section 22 of the bankiing regulation act, 1949, and includes any banking institution notified under section 51 of the said act after such commenoement; - - - - - capital ofcox--poration 4 (1) the authorised capital of the corporation shall be one crore of rupees but the central government may in consultation with the reserve bank, increase such capital from time to time, so, however, that the total authorised capital shall not exceed fifteen crores of rupees - - - 6 '(1) - - - •• - board of director9 (2) a director nominated under clause (b) or clause (c) of suj; section (1) shall hold office during the pleasure of the authorit~ nominating him and a director nominated under clause (d) of'sub-sectlon (1) shall hold of!ice for such period not exceeding four ~ars as may' be specified by the central government (3) a person shall not be capable of being nominated as a director under clause (d) of sub-sec1llon (1) if-,(4) he has been removed or dismissed from the service of govenunent or of a local authority or of a corporation or company in which not less than fifty-one per cent of the paid-up share capital is held by government; or - (b) be is or at any time has been acljudicate~ as an insolvent or has suspended payment of his debts or has compounded wlth his creditors; or (c) he is of unsound mind and stands so declared by a cojdp&-tent court; or - (d) he has been convicted of any offence which, in the o~n of the central government, involves moral turpitude - - 10 of 1949 registrationof new bank·· ingcom_ patries 11 the corporation shall register every new banking company as an insured bank ns soon as may be after it is granted a licence under section 22 of the banking regulation act, 1949, or, as the case may he, after it is notified under section 51 of the said act - - - - 13 (1) - - - - - cancellation ~ registra-tiob (2) the provisions of clawles (a), (b), (c), (d) and (h) of sub-section (1) shall apply, to a coitesponding new bank as they apply to a banking company - : l<:ii (3) the provisions of clauses (4), (b), (c), (d) and (h) of subsection (1) shall apply to a regional rural bank as they apply to a banking company - - , - 13a (1) • - - beptra tlon of eooperatlve banks (2) subject as aforesaid-- - - (b) the corporation shall ~gister as an insured bank-- - (ii) a primary credit society becoming a primary co-operative bank after such commencement within three months of 11 having made an application for a licence under the said aection:j provided that a bank referred to in clause (b) shall not be ~o registered if it has bt!en informed by notice in writing by the reserve bank that iuch a licence cbddot; be granted to it - - - - - 16 (1) where an order for the winding up or liquidatidtj of a insured bank is mad~, the corporation shall, subject tt> the other provision of this act, be hable to pay to every 'depositor of that bank in accordance with the provisions of section 17 an amount equal to the amount due to him in respect of his deposit in that bank at the time when such order is made: - provided that the liability of the corporation in respect of an insured bank referred to in clause (a) or clause (b) of section 13 or clause (a) or clause (b) of section 13c shall be limited to the deposits as on the date of the cancellation of the registration: provided further that the total ainount payable by the corporation to anyone depositor in respect of his deposit in that bank in the same capacity and in the same right 'shall not exceed one thousand and five hundred rupees: provided further that the corporation may, from time to time, having regard to its financial position and to the interests of the banking system of the country as a whole, raise, with the previous approval of the central government, the aforesaid limit of one thousand and five hundred rupees '" '" '" 32 (1) '" '" lit lit annual accounts and reports (2) the central government shall cause every auditor's report and n!port of the working of the corporation to be laid for not less than thirty days before each house of parliament as soon !as may be after each such report is received by the central government '" lit '" extracts from the banking companies (acquisition and transfer of undertakings) act, 19'zo (5 of 1970)'" lit '" - - 3 (1) '" '" - - '" loot 1949 establishment of 1c'orres pod'ding new banks and bwines thereof (5) every corresponding new bank shall carry on and transact the business of banking as defined in clause (b) of section 5 of the banking regulation act, 1949, and may engage in one or more forms of business specified in sub-sectton (1) of section 6 of that act powerot central government to make scheme (5) every scheme -made by the central government under this act shall be laid, as soon as may ,be after it is mad~, before each house of pbl'l'iament while it is in session for a total period of thirtyl days which may be compri&ed in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, botli houses ~gree in making any· modiftcatlon in the scheme of both houses' agree that the scheme should not be made, the 'scheme shall thereafter have effect only ,in such modi1led form or be of no effect, as the may be so, however; that any such modification or annulment shall be without prejudice to the validity of anytbing previously done under that scheme - - - - 10 (1) - - - - - cloiiureof accounts ami dispnsal dfprofit& (4) every auditor of a corresponding new bank shall make a report to the central government upon the annual baladce-sbeet and accounts and in every such report shall state-(a) whether, in his opinion, the balance-sheet i~ a full and fair balance-sheet containing all the necessary particulars and is properly drawn up so as to exhibit a true and fair view of the affairs of the corresponding new bank, and in case he had called for any explanation or information, whether it has been given and whether it is satisfactory; (b) whether or not the transactions of the corresponding new bank, which have come to his notice, have been within the powers of that bank; ,(c) whether or not the returns received from the oftlces and branches of the corresponding new bank have been foulld adequate for the purpose of his audit; ,(d) whether the profit and loss account shows a true balance of profit or loss for the period covered by such account; and (e) any other matter which he considers should be brought to the notice of the central government - - - - - ' '- • _-(8) the central goverrunent shall cause every auditor's report and report on the working and activities of each corresponding new bank to be laid for not less than thirty days before each house of parliament as soon as may be after each such report is received by' the central gove1'lullel1t - - - ;ex'l'bacts fbojri the :rrgronal rmw banks n:rl 1976 (21 of 1976) - - " - - power idib repla; udhs , 30 the board of directors of a regional rural bank may, after consultation with the sponsor bank and the reserve bank, and with the previous sanction of the central government, jpak:e regulations, not incouistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provision is necesaary - or expedient for the purpose of giving effect to the provisions of this act - - - - - 10 of 1941 establishment of correa ponding new banks and busines - thereof powerot central governmeat to make scheme - - - - - - i 3 (1) - - - - (5) every c~rresponding new bank shall carry on and transact the business of banking as defined in clause (b) of section 5 of the banking regulation act, 1949, and may engage in one or more forms of business specified in sub-section (1) of section 6 of that act - - - - - 9 (1) - - - - (5) every scheme made by the central government under this act shall be laid, as soon· as may be after it is made, before each house of parliament, while it i'i~ in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immedi'ately following the sersion or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme closure' of accouhts andd1l posal of profits 10 (1) - - - - (4) every auditor of a corresponding new hank shall make a report to the central government upon the annual balance-sheet and accounts and in every such report shall sta~ (a)' whether, in his opinion, the balance-sheet is a full and fair balance-sheet containing all the necessary parti'culars and is properly drawn up so as to exhibit a true and fair vi~w of the alfalrs of the corresponding new bank, and in case he had called for any explanation or information, whether it has been given and whether it i's satisfactory; (b) whether or not the transactions of the corre,aponding new bank, which have come to his notice, have been witb'fn the ·powers of that bank: '(e) whether or not the returns ntceived from the offices and branches of the corresponding njw bank haye been found adequate for the purpose of his audit; '(d) whether the profit and loss account shows a true balance of profit or loss for the 'period covered by such account; and (e) any other matter which he considers 'should be brought to the notice of the central government - - - (8) the central government shall cause every auditor's report and report on the working and activit!~s of each corresponding new bank to be laid for not less than thirty days before each house of parliament as soon ~s may be after each 'such report is received by the central government - - - a billfurther to amend the bankers' books evidence act, 1891, the reserve bank of india act, 1934, the banking regulation act, 1949, the state bank of india act, 1955, the state bank of india (subsidiary banks) act 1959, the deposit insurance and credit guarantee corporation act, 1961, the banking companies (acquisition and transfer of undertakings) act, 1970, the regional rural banks act, 1976 and the banking companies (acquisition and transfer of undffrtakings) act, 1980 (shri ptanab kumar· mukherjee, minister of finance) ,

Parliament_bills

a522b4d9-0373-5fff-85d6-a77511093ff7

the additional duties of'excise (goods of, special importa'nce) bill, 19~7,(as introduced in lok sabra) the additional duties of excise (goods of special importance) bill, 1957 (as introduced in lok sabra) a bill~o provide for the levy and couection 01 additional duties of excise on certain goods and for the, distribution 01 a part of the net proce6ds thereof among the states and to declare those goods to be of special importance in inter-state trade or commerce be it enacted by parliament in the eighth year of the republic gf india as follows:-1 (1) this act may be called the additional duties of excise shon tide (goods of special importance) act, 1957 and eztedt s (2) it extends to the whole of india i in this· act-de8nitloa (a) "additional duties" means the duties of excise levied anel colle'cted under sub-section (1) of section 3; (b) "state" does not include a union territory; 10 (c) the words and expressions "sugar", "tobacco", "cotton fabrics", "rayon or artificial silk fabrics" and "woollen fabrics" shall have the meanings respectively assigned to them in items nos, 8, 9, 12, 12a and 12b of the first schedule to the central excises and salt act, 1944 i of 1944 is 3 (1) there shall be levied and collected in respect of the follow- re, anel i tob tto f b rt'ft ial couoctlod of lag goods, name y, sugar, aeeo, co n a ncs, rayon or ale additional silk fabrics and woollen fabrics produced or manufactured in india c:lutlel and on all such goods lying in stock within the precincts of any factory, warehouse or other premises where the said goods were manufactured, stored or produced, or in any premises appurtenant thereto, duties of excise at the rate or rates specified in the fii'it schedule to this act , i of 1944· (2) the duties of excise referred to in sub-section (1) in respect of the goods specified therein shall be in addition to the duties of excise chargeable on such goods under the central excises and salt act, 1944, or any other law for the time being in force (3) the provisions of the central excises and salt act, 1944, and 10 the rules made· thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply in relation 10 the levy and collection of the additional duties as they apply in relation to the levy and collection of the duties of exci&e on the foods specified in sub-section (1) is distribution co duridg each fldaddai year, there bbau be paid out of the cod· d~ti!d=z: solidated fund of india to the states in accordance with the states provlsloas of the seeond schedule 81idt i1idl8, represeotldc a part of the del prooeeds of the addltlodbl dttea levied and coueeted darid&' that idanclal year, as are speci4ed in uaat schedule 20 bxpenditure 5 any ezpeaditue udder the provlsl0d8 of thia act ihaii be ~~ be ~ha~:; expenditure charged on the consolidated fund of india conolidated fund of india p:lwer to 6 (1) the central government may, by notification in the official make rules gazette, make rules providing for the time at which, and the manner in which any payments under the provisions of this act are to be 2s made, fol the making of adjustments between one financial year and another and for any other incidental or ancillary matters (2) all rules made under this section shall, as soon as may be after they are made, be laid for not less than thirty days before each house of parliament and shall be subject to such modifications 30 as parliament may make during the session in which they are so laid or the session immediately following declaration 7 it is hereby declared that the following goods namely, sugar, of certain tobacco, cotton fabrics, rayon or artificial silk fabrics and woollen goods to be f b f· i· rt t -s of special a ncs are 0 specia lmpo ance in in er tate trade or commerce 3s :::~~:te and every sales tax law of a state shall, in so far as it imposes or trade or authorises the imposition of a tax on the sale or purchase of the commerce declared goods, be subject as from the 1st day of april, 1958, to the restricti9ds and conditions specified in section 15 01 the central sales tax act, 1956 declaration under the provisional collection 01' taxes act, 1931 (16 of 1931) it is hereby declared that it is expedient in the public interest that the provisions of clause 3 of the bill shall have immediate effect , under the provisional c~llection of taxes act, 1931 16 of 1'31• the first schedule [see section 3(1)]| description, | of ||------------------------------|-----------------------------------------|| loods | || rate | of || item | no || in | || the | || 10 | fint || schedule | || to | the || central | || bxcises | || is | || and | salt || act, 1944 | || (i) | || l3) | || 8 | sugar || three | || rupees | and || thirty-one naye | || paiee | || per | || cwt | || 9 | tobacco- || per | lb || i | urtmanu!aaurld || tolla«o- | || (i) | || if ftue | cured || in | || the | manufacture || cigarettes | || containing- | || nil | || 25 | || (;) more | || than | || 60 | || per | cent weight || tobacco | || (if) | || more | || than | || 40 | || pc:r | || cent | but || than | || 60 | || nil | || per | || cent wclght | of || (m) | || more than | || 20 | || per | cent || 40 | || per | || cent weight | of || nil | || 30 | || (iv) | || 20 | || per | cent or less || thar | || 20 | || per | || cent weight | || nil | || of | imported tobacco || (v) | || no imported tobacco | || nil | || (2) | || if | || flue cured | and || - smoking mixtures for pipes | || and | cigarettes || 35 | || (3) | || if | flue cured and not otherwise specified || paiee | || (4) | if || nu | || facture | of || (ii) | || cigarettes | or || (b) | || smoking | || mixtures | || for pipes | and || ------- | || ---- | |(i) -_------------------(s) if not sue aued and not lctuilly uled for the manufacture ~ (a) ciprettei or (6) unokini misturci for pipes and c:iprena-| () | stem | oftobaeco ||---------|-------------|--------------|| larpr | | || than | | || 1/4"and | stems | || of | tobacco not | || iarjer | | || than | | || 1/16" | in | size || three | nayc puae | |(ia) dust of tobacco (iia) j!'il1ule ("rawa') of tobacco not jaraer _ 1/16' square in size (iv) toblcco cured in whole leaf form and packed or ded in bundles, hadb or bunchee or in the form of twiltl or c:oila twenty naye pule (6) if other than flue cured and not othcrwiae lpecified (7) if ueed for agric:ultural purposes (8) atalb nil is one naya pai ii mjp,ulaaurtd tobacco-per hundre4 (i) cigan and cheroots of which the value-three rupees two rupees and fifty 20 nayc paiae two rupees one rupee naye paiae and 8fty z5 one rupee pifty nayc' paise twenty-five naye paiae 30 () excceda ri 30 - hundred (ii) c:xceeda ri 2s - hundred but does not exceed rs 30 - hundred (iii) exceed, rs 20 - hundred but does not exceed ri 25 - hundred, ('v),cxcaeda ri is - hundred but doea dot exceed ri 20 - hundred (v) exceed rs 10 - hundred but doe not exceed ri is - hundred (m) exceedl ri s - hundred but does not exceed ri 10 - hundred (via) exceeds ri 2-8-0 a hundred but doea not exceed ri s - hundred (oiia) exceeds rs 1-44 a hundred but does not exceed ri 2-8-0 - hundred ten naye paise (''') exceeds 14 iuldu - hundred but duet not pive naye paise exceed ri 1-4-0 a hundred 35 (2) cigarettes of which the value-| per | thousand ||-----------------|--------------|| () exceeds rs | || so | - || thousand | || eight rupees | || and | || iixty | || naye | || paile | ' || seven | || rupees and | || sixty | || i'ilye | || paiae | || ~ | || pour rupees and | || twenty | || l'iaye | paise || three | || rupee | || and | || etptj | || naye pule | || two | || ru~ | || and | || '1ixtj' | || 45 | || naye pille | || two | rupees || and | || twentj | || naye palle | || (i) | || exceeda | || ri | || 3s | - || thoullldd | but || exceed | || ri | || so | - || thousand | || (iii) | || exceed | || rs 30 a | || thousand | but || exceed | || ri | || 3s | || a | || thousand | || (iv) | || aceed | || ri | || 2s | - thousand, || doca | || "ot | || exceed | || rii | || 30 | || i | || thousand | || (v) | || exceed ri | || 20 | - || thousand | but || exceed | || ri | || 25 | || thousand | || (va) | exceed || ri | || is | || i | || thousand | but || exceed | || ri | || 20 | - || thouaand | |__---_ ,__,__-----------~) exceeds ri 10 a thouaandbut does dot oae rupee 80d ted da,e exceed ri is a thousand paise (viit) exceed, rs 7-8-0 a thousand but does dot sixty naye paise exceed ri 10 a thouaand forty naye paise (u) does not exceed ri 7-8-0 a thouaand sixty naye paise (3) biril in the m8o\uactilre of which 80y proceal hal been conducted with the aid of machines operated with or without the aid of power la - cotion fabrics-10 (i) cotton f'abria, luperflne | (a) cotton | fabria, | fine ||---------------|------------|----------|| ~ | | || (3) cotton | fabria, | medi1ldl || (4) cotton | fabria, | coarse || thirteen | | || naye | | || pailo | per | || aquan | | || yard | ' | || bieht | | || naye paise | | || per | | || iquaxc | | || yard | | || four naye | paise | || per | | || square yard | | || thne | nayc | || paise | | || per | | || square | | || yard | | |i~ rayon or artificial silk fabrics | three ||----------|| paise || per || square || yard || five || per || cent || tid || nimftt |jab l woollen fabrics; ---------- the second schedule (see section 4) part i distribution 0/ additional dutia on 6ufi0r2s 1 in this part,-(ct) "net proceeds", as respects any firuulcial year, means the net proceeds of the additional duties in respect of sugar levied and collected during that financial year; (b) "table" means the table at the end of this part 30 2 during each of the financial years commencing en or after the 1st april, 1958, there shall be paid-(0) to the state of jammu and kashmir a sum equal to 125 per cent of the net proceeds; and (b) to each of the states specified in the fll'l;t column ()f the table-(i) a sum equal to such percentage of one-fourth of the net proceeds as is specified against that stat~ in the second column of the table; 5 (ii) a sum equal to the di1ference between the sum specified against that state in the thirci column of the' table and the sum payable to that state under sub-clause (i); and (iii) if the total of the sudls 'payable to all the states under the preceding provisions of this paragraph is less 10 than 99 per cent of the net proceeds by any 8dl9unt, a further sum equal to such percentage of that amount as is specified against that state in the fourth column of the table: provided that it during that financial year there is levied and is collected in any state specified in the table a tax on the sale or purchase of sugar by or under any law of that state, no sums shall be payable to that state under sub-clause (ii) or sub-clause (iii) of clause (b) in respect of that financial year, unless the central go"-ernment by special order otherwise directs 20 3, in respect of the financial year ending on the 31st march, 1958, th-e provisions of paragraph 2 (excluding the proviso) shall apply for the distribution of a part of the net proceeds, subject to the mudiflcation that each of the sums specified in the third column cf the table shall be deemed to have been replaced by one-fourth of uat sum 25 1 2 3 4 (rupees in 1itbi) aodhra pradesh 9'38 40 6,65 3'46 auam is 2'55 30 bihar 10'57 30 8, bombay 12'x7 245 20'17 3'84 kania 20 3'03 m8dby pracleah 7'46 40 7·67 7'56 madra 60 7'43 35 6's2 mysore 2s 5'13 ori ' 4'46 20 2'''7 (rupees in lakha) 5 punjab, 4'59 50 7'21 rajasthan , 4'71 25 4'81 uttar pradesh 15'94 112 15'63 weat benpl , 7'59 36 8'65 part ii distribution of additional duties on tobacco'\ 4, the provisions of paragraphs 2 and 3 shall apply for the distribution of a part of the net proceeds of the additional duties on 10 tobacco levied and collected during each financial year as they apply for the distribution of a part of the net proceeds of the additional duties on sugar, subject to the modification that the references therein 'to the table shall be construed as references to the table below tabi& 15i 2 3 4 (rupees in lakhs) andhra pradesh 9'38 75 10'47 assam 3'46 30 2'98 bihar io's7 20 8'90 bombay, 12'17 lis 17'41 kerala ' 3'84 37 3'43 madhya pradesh 7'46 32 7'10 madras, 7's6 s7 9's3 mysore, 6's2 27 s's8 orissa , 4'46 is 3'21 punjab 4's9 30 4'36 rajasthan ' 4'71 is 3'59 uttar pradesh 15'94 63 16'13 welt bengal , 7'59 40 7'31 part iii 3035 distributton of additional dutie on textileb 5, in this part,-"fo , (a) "net proceeds", as respects any financial year, meant the net proceeds of the additional duties in respect of cotton fabrics, rayon or artificial silk fabrics and woollen fabrics levied and collected d1:lring that financial year; (b) "table" means the table at the end of this part, • durine' each of the financial years commercinl or or after the lit april, 1958, there shall be paid-(a) to the state of jammu andl kashmir a sum equal to 1·25 per cent of the 'net proceeds; (b) to each of the states specified in the first column of the s table-(i) such sum as is specified against that state in the second column of the table; and (ii) if the total of the sums payable to all the states under the preceding provisions of this paragraph is less than 99 per 10 cent of the net proceeds by any amount, a f~rther sum equal to such percentage of that amount as is specified again!'!t that state in the third column of the table: provided that if during that financial year, there is levied and collected in any state specified in the table 8 tax on the 'sale or is purchase of cotton fabrics, rayon or artificial silk fabrics or woollen fabrics by or under any law of that state, no sums shall be payable to that state under clause (b) in respect of that financial year, unless the central government by special order otherwise directs 7 in respect of the financial year ending on the 31st march, 1958, zo the provisions of paragraph 2 (excluding the proviso) shall apply for the distribution of a part of the net proceeds, subject to the tnodiftca~ tion that each of the sums specified in the second column of the table shall be deemed to have b~en replaced by one-fourth of that sum 2s i 2 3 (rupeea in 1akhj) andhra pradesh 120 1'31 aamlll 40 2'72 bihar 10 11'19 30 bombay 600 16'46 keraja 38 3'10 madhya pradesh 83 6'91 mtdru 168 1'26 mysore 48 4'98 3s ori so 3'32 punjab 9s s's6 rljut:hm so 4'36 uttar pradesh 400 18'19 \vest beripl zc4 8'si :0 statement of objects and reasonsthe object of the bill is to impose additional duties of excise m replacement of the sales taxes levied by the union and the states on sugar, tobacco and mill made textiles and to distribute the net proceeds of these taxes, except the proceeds attributable to union territories, to the states the distribution of the proceeds 'of the additional duties broadly follows the pattern recommended by the second finance commission provision has been made that the states which levy a tax on the sale or purchase of these commodities after the 1st april, 1958 do not participate in the distribution of the net proceeds provision is also being made in the bill for including these three goods in the category of goodi declared to be of special importance in inter-state trade or commerce so t1:1at, following the imposition of' uniform duties of excise on them, the rates of sales tax if levied by any state are subject from 1st april, 1958 to the restrictions in section 15 of the central sales tax act, 1956 t t krishnamachari naw delhi; the 9th december, 1957 clatl8e 3-this clause provides for the levy of additional duties on sugar, tobacco, cotton fabrics, rayon or artificial silk fabrics and woollen fabrics' sub-clause (2) makes it clear that these duties shall be in addition to the duties of excise chargeable on these goods under the central excises and salt act, 1944, or any other law for the time being in force clatl8e 4-this clause provides for the payment out of the conlolidated fund of india of sums equivalent to a part of the net proceeds of the additional duties, the details of distribution being given in the second schedule clatl8e 5-this clause makes the amount payable to the states charged expenditure on the consolidated fund of india clause 6-this clause empowers the central government to make rules for purposes of implementing the proviiilons of the act clause 7-this clause declares the goods subject to the additional duties of excise as of special importance in inter-state trade or commerce and it further provides that any law ot a state imposing sales tax on these commoditie~ shall be subject to the restrictions and conditions specified in section 15 of the central sales tax act, 1956, as from the 1st april, 1958 the first sc~'ule-this schedule sets out the rates of additional duties the second schedule-this schedule sets out the buls of distribution of the additional duties of excise ninety-nine per cent of the net proceeds of the additional duties will normally be distributed among the states out of the net proceeds of the additional duties on sugar and tobacco, a sum equal to 25 per cent of the net proceeds will be distributed among the states except the state of jammu and kashmir like the basic duties of excise on these goo~ the balance will be distributed in accordance with the scheme recommended by the finance commission, the amount of guaranteed income of ·each state being reduced by the amount payable to it out of the distribution of 25 per cent of the net proceeds the distributable net proceeds of the additional dutie of millmade textiles will be distributed among the states on the basis recommended by the finance commission it has also been provided i;llat if any state levies a tax on the sale or purchase of any of these commodities after the 1st april, 1958, it should not participate in the distribution of the proceeds of additional duties in respect of that commodity (except in so far as it relates to the distribution of 25 per cent of the net prooeeds of additional duties on sugar and tobacco), unless the central government by special order otherwise directs the levy of the additional duties will not involve any significant increase in administrative expenditure, but as 99 per cent of the net proceeds of the additional duties have to be distributed among the states, this would involve a payment of about rs 11 crores in the current year and of about rs 38 crores in - full year from the consolidated fund of india to the states memorandum regarding delegated legislation clause 6 of the bill empowers the central government to make rules in respect of matters specified therein they relate to the time at which and the manner in which any payments are to be made to " the states, the making of adjustments between one financial year and another and other incidental and aneillary matters the' ma~!'s in respect of which rules may be made are of a routine and administrative character moreover, the rules to be made shall be :lubject to the scrutiny of parliament the delegation of legislative power is thu$ of a normal character billto provide for the levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net proceeds thereof among the states and to declare those goods to be of special importance in inter-state trade or commerce the president has, in pursuance of clauses (i) and (3) of article ii7 anq clause (i) of article 274 of the constitution of india, recommended to the lok sabha, the introduction and consideration of the bill m n kaul, secretary ; (shri t t krishnamachari, minister of finance)

Parliament_bills

ae1ea0b6-4210-56fb-a479-b147335ee4d0

the dam safety bill, 2019 ————— arrangement of clauses————— chapter i preliminary clauses1short title, extent and commencement2declaration as to expediency of union control3application4definitions chapter ii national committee on dam safety5constitution of national committee6functions of national committee7meetings of national committee chapter iii national dam safety authority8establishment of national dam safety authority9functions of authority10officers and employees of authority chapter iv state committee on dam safety11constitution of state committee on dam safety12functions of state committee13meetings of state committee chapter v state dam safety organisation14establishment of state dam safety organisation15officers and employees of state dam safety organisation chapter vi duties and functions in relation to dam safety16surveillance and inspection17vulnerability and hazard classification of dams18maintenance of log books clauses19records of dam failures and dam incidents20instructions on safety of specified dams21funds for maintenance and repairs22technical documentation23qualifications and experience of individuals responsible for safety of specified dams24jurisdiction of state dam safety organisation and authority25cost of investigation26construction or alteration of dams27initial filling of reservoirs28operation and maintenance29responsibility of owner of specified dam chapter vii safety, inspection and data collection30dam safety unit31inspection32instrumentations to be installed in every specified dam33establishment of hydro-meteorological station34installations of seismological station chapter viii emergency action plan and disaster management35obligation of owner of specified dam36emergency action plan37assistance to other disaster management authorities chapter ix comprehensive dam safety evaluation38comprehensive dam safety evaluation39compulsory evaluation in certain cases40reports of comprehensive evaluation chapter x offences and penalties41punishment for obstruction, etc42offences by departments of government43offence by companies44cognizance of offences chapter xi miscellaneous45annual report of safety status of specified dam46safety measures in respect of dams other than specified dams clauses47safety measures in respect of dams located outside territory of india48act to have overriding effect49power to amend schedules50power of central government to give directions51vacancies, etc, not to invalidate proceedings of national committee on dam safety authority and state committee on dam safety52power of central government to make rules53power of state government to make rules54power to make regulations by authority55rules and regulations to be laid before parliament56power to remove difficultiesthe first schedule the second schedule the third schedulebill no 190 of 2019 the dam safety bill, 2019 a billto provide for surveillance, inspection, operation and maintenance of the specified damfor prevention of dam failure related disasters and to provide for institutional mechanism to ensure their safe functioning and for matters connected therewith or incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the dam safety act, 20195(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint102 it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation of uniform dam safety procedure for specified dam to the extent hereinafter provideddeclaration as to expediency of union controlapplication3 save as provided under this act, it applies to the owner of every specified dam, —(a) being a public sector undertaking or institution or a body owned or controlled by the central government or a state government or jointly by one or more governments, as the case may be; and5(b) being an undertaking or company or institution or a body other than those owned or controlled by the state government or the central government, as the case may bedefinitions4 in this act, unless the context otherwise requires,—10(a) "alteration of dam" means alterations or repairs as may directly affect the safety of the dam or reservoir;(b) "annual report" means a report giving the activities of the authority and the state dam safety organisation and the safety status of the specified dams falling under their jurisdiction during each financial year;(c) "appurtenant structure" means the structure being—15(i) spillways, either in the dam or separate therefrom; (ii) low level outlet structure and water conduits such as tunnels, pipelines or penstocks, either through the dam or its abutments or reservoir rim;(iii) hydro-mechanical equipment including gate, valve, hoist, elevators; (iv) energy dissipation and river training structure; and20(v) other associated structures acting integrally with the dam or its reservoir or reservoir rim; (d) "authority" means the national dam safety authority established under section 8;25(e) "dam" means any artificial barrier and its appurtenant structure constructed across rivers or tributaries thereof with a view to impound or divert water which also include barrage, weir and similar water impounding structures but does not include—(a) canal, aquaduct, navigation channel and similar water conveyance structures;(b) flood embankment, dike, guide bund and similar flow regulation structures;30(f) "dam failure" means any failure of the structure or operation of a dam which leads to uncontrolled flow of impounded water resulting in downstream flooding, affecting the life and property of the people and the environment including flora, fauna and riverine ecology35explanation –– for the purposes of this clause, failure in the operation shall mean such faulty operations of the dam which are inconsistent with the operation and maintenance manual;(g) "dam incident" means all such problems occurring to a dam that have not degraded into a dam failure, and includes––40(i) any structural damage to the dam and the appurtenant structure; (ii) any unusual reading of any instrument in the dam; (iii) any unusual seepage or leakage through the dam body; (iv) any unusual change in the seepage or leakage regime; (v) any boiling or artesian condition noticed below the dam; (vi) any sudden stoppage or unusual reduction in seepage or leakagefrom the foundation or body of the dam or any of its galleries;(vii) any malfunction or inappropriate operation of gates;5(viii) occurrence of flood, the peak of which exceeds the available flooddischarge capacity of the dam or seventy per cent of the approved design flood;(ix) occurrence of flood, which resulted in encroachment on the availablefreeboard, or the approved design freeboard;10(x) any unusual erosion in the near vicinity up to five hundred metresdownstream of the spillway or waste-weir; and(xi) any other occurence which a prudent dam engineer may relate to damsafety concerns;(h) "dam safety unit" means a dam safety unit of any specified dam referred to in section 30;15(i) "distress condition" means the occurrence or potential development ofsuch conditions in the dam or appurtenance structure or its reservoir or reservoir rim, which if left unattended to, may impede the safe operation of dam for its intended benefits or may pose serious risks to the life and property of people and the environment including flora, fauna and riverine ecology;2025(j) "documentation" means all permanent records including electronic recordsconcerning investigation, design, construction, operation, performance, maintenance, major repair, alteration, enlargement and safety of dams and includes design memorandum, construction drawings, geological reports, reports of specialised studies simulating structural and hydraulic response of the dam, changes made in design and drawings, quality control records, emergency action plan, operation and maintenance manual, instrumentation readings, inspection and testing reports, operational reports, and dam safety review reports and other similar reports;30(k) "enlargement of dam" means any change in the scope of an existing dam orreservoir, which raises water storage elevation or increases the volume of water impounded by the dam;(l) "government" means the central government or a state government, as thecase may be;(m) "inspection" means on-site examination of any component of a dam and itsappurtenant structure;35(n) "investigation" means collection of evidence, detailed examination, analysisor scrutiny of a specific problem pertaining to the dam and its appurtenant or a part thereof and includes laboratory testing, in-situ testing, geological exploration, model testing and mathematical simulation of the problem;40(o) "national committee" means the national committee on dam safetyconstituted under section 5;(p) "notification" means a notification published in the official gazette and the term "notify" shall be construed accordingly;45(q) "operation of dam" means elements of the use, control and functioning of the dam which may primarily affect the storage, release of water and the structural safety of the dam;(r) "operation and maintenance manual" means the written instructions that provide operation procedures, maintenance procedures, emergency procedures and any other features necessary for the safe operation of dam;(s) "owner of specified dam" means the central government or a state government or jointly by one or more governments or public sector undertaking or local authority or company and any or all of such persons or organisations, who own, control, operate, or maintain a specified dam;5(t) "prescribed" means prescribed by rules made by the central government or, as the case may be, by the state government;(u) "regulations" means the regulations made by the authority under this act;10(v) "remedial measures" means such structural or non-structural measures, as may be required in relation to the specified dam or appurtenant structure or reservoir or reservoir rim or catchment area of reservoir for the purpose of removing or mitigating the distress condition of the specified dam;(w) "reservoir" in relation to a dam shall mean any spread of water impounded by a specified dam;15(x) "specified dam" means a dam constructed before or after the commencement of this act, which is,—(i) above fifteen metres in height, measured from the lowest portion of the general foundation area to the top of dam; or(ii) between ten metres to fifteen metres in height and satisfies at least one of the following, namely:—20(a) the length of crest is not less than five hundred metres; or (b) the capacity of the reservoir formed by the dam is not less than one million cubic metres; or(c) the maximum flood discharge dealt with by the dam is not less than two thousand cubic metres per second; or(d) the dam has specially difficult foundation problems; or25(e) the dam is of unusual design;(y) "state committee" means the state committee on dam safety constituted under sub-section (1) of section 11;30(z) "state dam safety organisation" means the state dam safety organisation established under section 14; and(za) "vulnerability and hazard classification" means the system or systems of classifying dams on the basis of their condition, location, damage or hazard potential chapter ii national committee on dam safety35constitution of national committee5 (1) with effect from such date as the central government may, by notification, appoint, there shall be constituted, for the purposes of this act, a national committee to be known as the national committee on dam safety consisting of the following members, namely:—(a) the chairman, central water commission—chairperson, ex officio;40(b) not exceeding ten representatives of the central government not below the rank of joint secretary to that government or equivalent dealing with matters relating to dam engineering or dam safety, nominated by the central government —members, ex officio;45(c) not exceeding seven representatives of the state governments of the level of engineer-in-chief or equivalent by rotation, nominated by the central government —members, ex officio; and(d) not exceeding three specialists in the field of dam safety and allied fields nominated by the central government–members (2) the national committee shall be constituted within a period of sixty days from the date of commencement of this act, and shall be reconstituted for every three years thereafter5functions of national committee6 (1) the national committee shall discharge such functions as specified in the first schedule as may be necessary to prevent dam failure related disasters and to maintain standards of dam safety10(2) the national committee may, in discharge of its functions, constitute such sub-committees as it may consider necessary to assist it and the secretarial assistance to the national committee and the sub-committees shall be provided by the authority(3) the knowledge and information collected or generated by the national committee shall be disseminated to all stakeholders by the authoritymeetings of national committee157 (1) the national committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed by the central government:provided that the national committee shall meet twice in a year and one meeting shall be held before the onset of the monsoon season20(2) the national committee may invite the representative of the owner of any specified dam and such other experts in dam safety (including international experts) as it may consider appropriate for the discharge of its functions(3) the expenditure incurred on the national committee shall be in such manner as may be prescribed by the central government chapter iii national dam safety authority258 (1) with effect from such date as the central government may by notification, appoint, there shall be established for the purposes of this act, a national dam safety authority, within a period of sixty days from the date of commencement of this actestablishment of national dam safety authority30(2) the authority shall be headed by an officer not below the rank of additional secretary to the government of india or equivalent to be appointed by the central government who have knowledge of, and adequate qualification, experience and capacity in, dealing with problems relating to the dam engineering and dam safety management(3) the headquarters of the authority shall be at the national capital territory of delhi and the authority may establish offices at other places in india35(4) the authority shall comply with such directions as may, from time to time, be given to it by the central governmentfunctions of authority409 (1) the authority shall discharge such functions as specified in the second schedule as may be necessary to implement the policy, guidelines and standards evolved by the national committee for proper surveillance, inspection and maintenance of specified dams and for such purposes, it shall have the power to enforce the attendance of any person and call for any information as may be necessary(2) without prejudice to the provisions contained in sub-section (1), the authority shall make all endeavours to resolve any issue between the state dam safety organisations of states or between a state dam safety organisation and any owner of a specified dam in that state45(3) every decision of the authority taken in respect of matters under this act shall befinal and binding upon all the parties to the issueofficers and employees of authority10 (1) the central government shall, for the purpose of enabling the authority to perform functions under this act, provide such number of officers and other employees as it may consider necessary:5provided that the officers and other employees shall have such qualifications and experience in the field of dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technical investigation, instrumentation, dam-rehabilitation or such other fields as may be prescribed by the central government10(2) the functions, powers, terms and conditions of service of the officers and other employees appointed under sub-section (1) shall be such as may be prescribed by the central government chapter iv state committee on dam safety1511 (1) with effect from such date as the state government may, by notification, appoint, there shall be constituted, for the purposes of this act, a state committee on dam safety consisting of the following members, namely:—constitution of state committee on dam safety(a) the engineer-in-chief or equivalent officer of the department of the state responsible for dam safety—chairperson, ex officio;20(b) technical and scientific officers of the rank of chief engineer, not exceeding six persons, from such departments as may be decided by the state government or from such other organisations owing specified dams—members;(c) the chief engineer or equivalent level officer of each such upstream states in cases where reservoir area of any of the specified dam of the state extends to another state—members;25(d) the chief engineer or equivalent level officer of each such downstream state in cases where flood release of any of the specified dam of the state flows to a neighbouring state—members;(e) one representative of the central water commission not below the rank of director to be nominated by the chairman, central water commission—member;30(f) experts in the field of hydrology or dam designs, not exceeding three, from engineering institutes—members; and(g) one representative of the central electricity authority not below the rank of director to be nominated by the chairman, central electricity authority—member35(2) the state committee shall be constituted within a period of hundred and eighty days from the date of commencement of this act, and reconstituted for every three years thereafterfunctions of state committee12 (1) the state committee shall discharge such functions as specified in the third schedule as may be necessary to prevent dam failure related disasters under this act as per guidelines, standards and other directions on dam safety issued by the authority40(2) the state committee, in discharge of its functions, shall be assisted by suchsub-committees as it may consider necessary, and the secretarial assistance to the state committee as well as its sub-committees shall be provided by the concerned state dam safety organisationmeetings of state committee4513 (1) the state committee shall meet at such times and places and shall observesuch rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the state government:provided that the state committee shall meet twice in a year and one meeting shall beheld before the onset of the monsoon season(2) the state committee may invite the representative of the owner of any specified dam and such other experts in dam safety as it may consider appropriate, for the discharge of its functions5(3) the expenditure incurred on the meetings of the state committee shall be in the manner as may be prescribed by the state government(4) the specialist members and other expert invitees who attend the meetings of the state committee or its sub-committees shall be paid such fees and allowances as may be prescribed by the state government chapter v state dam safety organisation10establishment of state dam safety organisation14 (1) the state government shall, for the purposes of this act, by notification, establish in the department dealing with dam safety, a separate organisation, to be known as the state dam safety organisation, within a period of hundred and eighty days from the date of commencement of this act:15provided that in states having more than thirty specified dams, the state dam safetyorganisation shall be headed by an officer not below the rank of chief engineer or equivalent, and in all other cases, the state dam safety organisation shall be headed by an officer not below the rank of superintendent engineer or equivalent20(2) the state dam safety organisation shall be responsible to, and report to, the technical head of the department dealing with dam safety(3) the organisational structure and work procedures of the state dam safety organisation shall be such as may be prescribed by the state government(4) the administrative and other expenses of the state dam safety organisation shall be borne by the respective state government2515 (1) the state government shall, having regard to the number of specified dams inthat state, provide such number of officers and employees to the state dam safety organisation as it may consider necessary for the efficient functioning of the said organisation:officers and employees of state dam safety organisation30provided that the officers and employees shall have such qualifications and experiencein the field of dam safety including dam-design, hydro-mechanical engineering, hydrology, geo-technical investigation, instrumentation, dam-rehabilitation or such other field as may be prescribed by the state government(2) the functions and powers of the officers and employees appointed under sub-section (1) shall be such as may be prescribed by the state government35 chapter vi duties and functions in relation to dam safety16 (1) every state dam safety organisation shall,—(a) keep perpetual surveillance;surveillance and inspection(b) carry out inspections; and (c) monitor the operation and maintenance,40 45of all specified dams falling under their jurisdiction to ensure continued safety of such specified dams and take such measures as may be necessary to address safety concerns that are noticed with a view to achieve satisfactory level of dam safety assurance as per such guidelines, standards and other directions on dam safety as may be specified by the regulations(2) the state dam safety organisation, for the purpose of enabling it to make decisions compatible with public safety, shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be required for proper review and study of the various features of the design, construction, repair and enlargement of dams, reservoirs and appurtenant structures under their jurisdiction517 the state dam safety organisation shall classify each dam under their jurisdictionas per such vulnerability and hazard classification criteria as may be specified by the regulationsvulnerability and hazard classification of dams maintenance of log books1018 (1) every state dam safety organisation shall maintain a log book or database foreach specified dam under their jurisdiction recording therein all activities related to the surveillance and inspection and all important events related to dam safety and with such details and in such form as may be specified by the regulations(2) every state dam safety organisation shall furnish all such information to the authority as and when required by them19 (1) every state dam safety organisation shall report the event of any dam failure under their jurisdiction to the authority, and furnish any information as and when required by them15records of dam failures and dam incidents(2) every state dam safety organisation shall maintain the records of major dam incidents of each specified dams under their jurisdiction, and furnish all such information to the authority as and when required by them2020 (1) every state dam safety organisation shall render its instructions to the owner of a specified dam on the safety or the remedial measures required to be taken with respect to itinstructions on safety of specified dams(2) every owner of the specified dam shall comply with the instructions issued by the state dam safety organisation with regard to safety or remedial measures in relation to any specified dam owned by it25funds for maintenance and repairs21 every owner of the specified dam shall earmark sufficient and specific funds formaintenance and repairs of the specified dam and to implement the recommendations of the state dam safety organisationtechnical documentation3022 (1) every owner of the specified dam shall compile all technical documentationsconcerning hydrology, dam foundation, structural engineering of dam, watershed upstream of dam, and nature or use of land downstream of dam along with information on all resources or facilities of economic, logistic or environmental importance which are likely to be affected due to dam failure(2) every owner of the specified dam shall furnish all such information to the statedam safety organisation and the authority as and when required by them35(3) every owner of the specified dam shall equip its organisation with the state-ofthe-art information technology tools to store, retrieve, and distribute the data related to the dam safety and dam performance4023 every individual responsible for safety of specified dams and all activities related thereto shall possess such qualifications and experience and shall undergo such training as may be specified by the regulationsqualifications and experience of individuals responsible for safety of specified dams24 (1) without prejudice to the provisions of this act, all specified dams, shall fall under the jurisdiction of the state dam safety organisation of the state in which such dam is situated in matters relating to dam inspections, analysis of information, investigation reports or recommendations regarding safety status, and remedial measures to be undertaken jurisdiction of state dam safety organisation and authorityto improve dam safety; and in all such matters, full co-operation shall be extended by the owner of the specified dam:5provided that where a specified dam is owned by a central public sector undertakingor where a specified dam is extended over two or more states, or where the specified dam in one state is owned by another state, then the authority shall be construed as the state dam safety organisation for the purposes of this act:10provided further that in all such dams where the authority takes up the role of state dam safety organisation, the governments of the states within the jurisdiction of which such dams are located shall have access to all information relating to these specified dams as available with the authority15(2) the authorised representative of the authority or concerned state dam safety organisation for the purposes of making any inspection or investigation necessary for the implementation of the provisions of this act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods, as may be considered necessary(3) after making inspection or investigation under sub-section (2), the representative referred to in that sub-section is of the opinion that certain remedial measures are required to be taken, he shall report such remedial measures to the officer-in-charge of such specified dam and to the concerned state dam safety organisation20(4) the authority and concerned state dam safety organisation, in cases of specifieddams being found to be distressed on account of their age, degeneration, degradation, structural or other impediments, shall suggest such remedial measures on such operational parameters (including maximum reservoir level, maximum spillway discharge and maximum discharges through other outlets) as it may consider necessary25(5) nothing contained in sub-sections (1), (2), (3) and (4) shall absolve the owner ofspecified dam or any other authority or person from any of the responsibilities or obligations entrusted upon it under the provisions of this act and the provisions of sub-sections (1),(2), (3) and (4) shall be in addition to, and not in derogation of, any other provision of thisact30cost of investigation25 all the costs to be incurred by the authority or state dam safety organisation onany form of investigation done including payment given to any consultant or expert, shall be borne by the owner of the specified damconstruction or alteration of dams3526 (1) any construction or alteration of a specified dam shall be undertaken subjectto investigation, design and construction being done by such agencies as may be accredited by the authority or the state government, as the case may be:provided that the authority may disqualify any agency which violates any of the provisions of this act or the rules or regulations made thereunder40(2) every agency referred to in sub-section (1) shall, for the purpose of designing or evaluating the safety of the specified dam, make use of the relevant standard codes and guidelines of the bureau of indian standards, and furnish the reasons, if any departure is made in the design or dam safety evaluation(3) every agency referred to in sub-section (1) shall for the purpose of investigation, design and construction employ such qualified, experienced and competent engineers, as may be specified by the regulations45(4) every agency referred to in sub-section (1) shall for the purpose of approval of dam design demonstrate the safety of the design, operational parameters and policies as per the provisions of relevant codes and guidelines to the central government or the state government, as the case may be50(5) every agency referred to in sub-section (1) shall, for the purpose of dam construction, undertake such quality control measures, as may be specified by the regulations(6) the construction of any specified dam or the alteration or enlargement of any existing specified dam shall be undertaken with the approval of such competent authority, as may be specified by notification by the central government or the state government, as the case may be5initial filling of reservoirs27 (1) before initial filling of any reservoir of a specified dam, the agency responsiblefor its design shall draw the filling criteria and prepare an initial filling plan, with adequate time for monitoring and evaluating the performance of the dam and its appurtenant structures10(2) before initial filling of the reservoir is taken up, the state dam safety organisationshall inspect or cause to be inspected the specified dam either through its own engineers or by an independent panel of experts, who shall also examine the initial filling programme and prepare a detailed report thereof duly certifying the fitness of dam for fillingoperation and maintenance28 (1) every owner of the specified dam shall provide operation and maintenanceestablishment for the specified dam, and shall ensure that sufficient number of trained operation and maintenance engineers or technical persons are posted at each such dam15(2) every owner of the specified dam shall ensure that a well-documented operationand maintenance manual is kept at each of the specified dams and are followed at all timesresponsibility of owner of specified dam29 nothing contained in this act shall be construed to absolve an owner of a specifieddam of the duties, obligations or liabilities incidental to the construction, operation, maintenance and supervision of the dam or reservoir20 chapter vii safety, inspection and data collectiondam safety unit30 for each specified dam, the owner shall, within the operation and maintenanceestablishment, provide a dam safety unit consisting of such competent levels of engineers as may be specified by the regulationsinspection2531 (1) every owner of a specified dam shall undertake every year, through their damsafety unit, a pre-monsoon and post-monsoon inspections in respect of each such dam30(2) without prejudice to sub-section (1), every owner of a specified dam shall inspect or cause to be inspected every specified dam by the dam safety unit, during and after every flood, earthquake or any other natural or man-made calamities, or if any sign of distress or unusual behaviour is noticed in the dam(3) every owner of a specified dam shall,—(a) carry out all inspections referred to in sub-section (1) and sub-section (2) in accordance with the guidelines and check-lists as may be specified by the regulations;35(b) station, at each of the specified dam site throughout the monsoon period, such engineers and other technical personnel, as may be decided, in consultation with the state dam safety organisation:40provided that the engineers and other technical personnel shall be required to be stationed at their respective dam sites during entire period of emergency following any other natural or man-made calamity that may create distress conditions in the dam; and(c) forward the inspection report by the dam safety unit to the state dam safety organisation, which shall analyse the report and submit comments on the deficiency and remedial measures, if any, to the owner of specified dam4532 (1) every owner of a specified dam shall have a minimum number of such instrumentations at each specified dam, and installed in such manner as may be specified by the regulations for monitoring the performance of such damin every specified dam(2) every owner of the specified dam shall maintain a record of readings of the instrumentations referred to in sub-section (1) and forward the analysis of such readings to the state dam safety organisation, in the form, manner and at such interval as may be specified by the regulations5| 33 ||---------------------------------------------------------------------------------------------|| in the vicinity of each specified dam capable of recording such data as may be specified by || the regulations || establishment || of hydro- || meteorological || station |(2) every owner of the specified dam shall collect, compile, process and store datareferred to in sub-section (1) at a suitable location10installations of seismological station34 (1) in the case of every specified dam, having a height of thirty metres or aboveor falling under such seismic zone, as may be specified by regulations, the owner of the specified dam shall establish a seismological station in the vicinity of each such dam for recording micro and strong motion earthquakes and such other data as may be specified by the regulations15(2) every owner of a specified dam shall collect, compile, process and store datareferred to in sub-section (1) at such suitable location and in such manner as may bespecified by the regulations chapter viii emergency action plan and disaster management2035 (1) every owner of a specified dam, in respect of each specified dam, shall,—obligation of owner of specified dam(a) establish well designed hydro-meteorological network and an inflowforecasting system;(b) establish an emergency flood warning system for the probable flood affectedareas downstream of the dam;25(c) test or cause to be tested periodically the functioning of systems referred toin clauses (a) and (b);(d) install such scientific and technical instruments which are invented oradopted from time to time for the purpose of ensuring the dam safety and the life and property of people downstream;30(e) make available the information relating to maximum anticipated inflows andoutflows including flood warning and an adverse impact of the same, if any, on persons and property towards the upstream or downstream of the dam, to the concerned district authorities and also make available the information in public domain; and35(f) render necessary assistance to the authority in establishment and runningof the early warning system for the exchange of real time hydrological and meteorological data and information related to the operation of reservoirs40(2) every owner of a specified dam, for each of its dam shall, carry out risk assessment studies at such interval as may be specified by the regulations and the first such study shall be made within five years from the date of commencement of this actemergency action plan36 (1) every owner of a specified dam, in respect of each of specified dam shall,—(a) prepare emergency action plan before allowing the initial filling of the reservoir and thereafter update such plans at regular intervals;45(b) in respect of the dam which is constructed and filled before thecommencement of this act, prepare emergency action plan within five years from the date of commencement of this act and thereafter update such plans at regular intervals as may be specified by the regulations(2) the emergency action plan referred to in sub-section (1) shall,—(a) set out the procedures to be followed for the protection of persons and property upstream or downstream of the specified dam in the event of an actual or imminent dam failure or to mitigate the effects of the disaster;5(b) include therein,—(i) the type of emergencies which are likely to occur in the operation of any reservoir;10(ii) identification of the likely catastrophic flood in the event of any dam failure, along with probable areas, population, structures and installations likely to be adversely affected due to flood water released from the reservoir;(iii) warning procedures, inundation maps and advance preparations for handling efficiently and in the best possible manner the likely adverse situations especially to avoid loss of human life;15(iv) such other matters which may having regard to the geographical conditions, size of the dam and other relevant factors as may be necessary(3) the emergency action plan under this section shall be put into action as and when conditions arise which are hazardous or likely to be hazardous to a specified dam or potentially hazardous to public safety, infrastructure, other property or to the environment20(4) every owner of the specified dam shall, while preparing and updating the emergency action plan, undertake a consultation process with all disaster management agencies and other departments of the state entrusted with disaster management and relief in the area likely to be affected and owners of other dams in the immediate vicinity likely to be affected, so as to bring coordination and transparency and allay any unwarranted fear on dam safety issues25assistance to other disaster management authorities37 without prejudice to the provisions of this act or liability of the owner of the specified dam and other organisations and authorities under this act, every owner, organisation and authority shall render necessary assistance, if so required by any authority under any law for the time being in force to meet or mitigate any disaster or emergency arising out of the specified dams30 chapter ix comprehensive dam safety evaluationcomprehensive dam safety evaluation3538 (1) the owner of a specified dam shall make or cause to be made comprehensive dam safety evaluation of each specified dam through an independent panel of experts constituted as per regulations for the purpose of determining the conditions of the specified dam and its reservoir:provided that the first comprehensive dam safety evaluation for each existing specified dam shall be conducted within five years from the date of commencement of this act, and thereafter the comprehensive dam safety evaluation of each such dam shall be carried out at regular intervals as may be specified by the regulations40(2) the comprehensive dam safety evaluation shall consists of, but not be limited to,—(a) review and analysis of available data on the design, construction, operation,maintenance and performance of the structure;45(b) general assessment of hydrologic and hydraulic conditions with mandatoryreview of design floods as specified by the regulations;(c) general assessment of seismic safety of specified dam with mandatory sitespecific seismic parameters study in certain cases as specified by the regulations;(d) evaluation of the operation, maintenance and inspection procedures; and (e) evaluation of any other conditions which constitute a hazard to the integrity of the structure539 the comprehensive dam safety evaluation referred to in section 38 shall be compulsory in the case of,—compulsory evaluation in certain cases(a) major modification to the original structure or design criteria; (b) discovery of an unusual condition at the dam or reservoir rim; and (c) an extreme hydrological or seismic event1040 (1) the owner of a specified dam shall report the results of the dam safety evaluation undertaken under section 38 or section 39 to the state dam safety organisationreports of comprehensive evaluation(2) the reports referred to in sub-section (1) shall include, but not be limited to,—(a) assessment of the condition of the structure based on the visual observations and available data on the design, hydrology, construction, operation, maintenance and performance of the structure;15(b) recommendations for any emergency measures or actions, if required, to assure the immediate safety of the structure;(c) recommendations for remedial measures and actions related to design, construction, operation, maintenance and inspection of the structure, if required;20(d) recommendations for additional detailed studies, investigations and analysis, if required; and(e) recommendations for improvements in routine maintenance and inspection of dam, if required25(3) where the safety evaluations undertaken under section 38 or section 39, results in recommendations for a remedial action, the state dam safety organisation shall pursue with the owner of the specified dam to ensure that remedial measures are carried out in time, for which the owner shall provide adequate funds30(4) where there is any unresolved matter emerging between an independent panel of experts referred to in sub section (1) of section 38 and the owner of the specified dam, the matter shall be referred to the state dam safety organisation, and, in case no agreement is arrived at, the matter shall be referred to the authority which shall render its advice and send recommendations to the state government concerned for implementation chapter x offences and penalties41 whoever, without reasonable cause,—35punishment for obstruction, etc(a) obstructs any officer or employee of the central government or the state government, or a person authorised by the national committee or the authority or the state committee or the state dam safety organisation in the discharge of his functions under this act; or40| ( ||----------------------------------------------------------------------------------|| government or the state government or the national committee or the authority or || the state committee or the state dam safety organisation under this act, |45shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall be punishable with imprisonment for a term which may extend to two yearsoffences by departments of government542 (1) where an offence under this act has been committed by a department of thegovernment, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence10(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a department of the government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyoffence by companies1543 (1) where an offence under this act has been committed by a company or bodycorporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence2025(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purpose of this section—(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firm30cognizance of offences44 (1) no court shall take cognizance of any offence punishable under this act,except on a complaint made by the central government or the state government or a person authorised in this behalf by the national committee or the authority or the state committee or the state dam safety organisation, as the case may be35(2) no court inferior to that of a metropolitan magistrate or a judicial magistrate ofthe first class shall try any offence punishable under this act chapter xi miscellaneous40annual report of safety status of specified dam45 (1) every state dam safety organisation shall prepare annual report, within threemonths of the expiry of the preceding financial year, of its activities and safety status of specified dams in the state and such report shall be forwarded to the authority and state government and that government shall cause the same to be laid before each house of the state legislature, where it consists of two houses or where such legislature consists of one house, before that house45(2) every state dam safety organisation and every owner of a specified dam shallprovide to the authority, documentation of the projects, report of enquiries into failure and any other data, as and when required in such format and in such manner as may be decided by the authority(3) the authority, shall prepare a consolidated annual report of the dam safety activities in the country and submit the same to the central government within six months of the expiry of the preceding financial year and that government shall cause the same to be laid before each house of parliament5(4) the authority shall forward its annual report on the safety status of specified dams to the national disaster management authority and also make available such report in public domain(5) the state dam safety organisation of each state shall forward their annual report to the concerned state disaster management authority and also make available such report in public domain1046 every owner of the dam other than specified dams shall undertake such measures as may be necessary to ensure dam safety and shall comply with such measures as may be specified by the regulationssafety measures in respect of dams other than specified dams15safety measures in respect of dams located outside territory of india2047 where a dam, including a dam created due to landslides or glacial moraine, is located outside the territory of india and the authority suo motu or on receipt of information from any person or organisation or authority or source prima facie is of the opinion that measures are required to be taken to ensure safety of such dams and failure of which may endanger the life and property of people located in india, it shall in writing submit an intimation thereof to the central government indicating therein the likely damages which may arise due to failure of such dams and the safety measures required to be taken in respect of such dam and the central government shall take all suitable measures to mitigate any possible threat48 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect power to amend schedules2549 (1) if the central government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the first schedule, the second schedule or the third schedule and thereupon the schedules, shall be deemed to have been amended accordingly(2) a copy of every notification made under sub-section (1) shall be laid before each house of parliament as soon as may be after it is made3050 the central government may give such directions, as it may consider necessary, to the state government where that government is the owner of the specified dam and to the owner of a specified dam in any other case for the effective implementation of the provisions of this actpower of central government to give directions51 no act or proceedings of the national committee, the authority and the state committee shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the authority; or35(b) any defect in the appointment of a person acting as a member of the authority; or(c) any irregularity in the procedure of the authority not affecting the merits of the casevacancies, etc, not to invalidate proceedings of national committee on dam safety authority and state committee on dam safety52 (1) the central government may, by notification, make rules to carry out the provisions of this act40power of central government to make rules(2) in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:—45(a) the time and place of the meetings of the national committee and the procedure to be followed at such meetings under sub-section (1) of section 7 and the expenditure incurred on the meetings of the national committee under sub-section (3)of section 7;(b) the qualifications and experience of the officers and other employee of the authority in the field of dam safety or such other field under sub-section (1) of section 10;5(c) the functions, powers, and terms and conditions of service of other officers and other employees of the authority under sub-section (2) of section 10;(d) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the central government by rules 53 (1) the state government may, by notification, make rules to carry out the provisions of this actpower of state government to make rules10(2) in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely: —(a) the times and places of the meetings of the state committee and the procedure to be followed at such meetings under sub-section (1) of section 13;15(b) the expenditure incurred on the meetings of the state committee under sub-section (3) of section 13;(c) the fee and allowances paid to the specialist members or expert invitees of the state committee or its sub-committees under sub-section (4) of section 13;(d) the organisational structure and work procedure of state dam safety organisation under sub-section (3) of section 14;20(e) the qualifications and experience of the officers and other employees of the state dam safety organisation in the field of dam safety or such other field under sub-section (1) of section 15(f) the functions, powers, and terms and conditions of service of the employees of the state dam safety organisation under sub-section (2) of section 15;25(g) the dam safety measures in respect of dams other than specified dams under section 46;(h) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the state government by rules30(3) every rule made by a state government under this act shall be laid, as soon as may be after it is made, before the state legislature, where it consists of two houses, or where such legislature consists of one house, before that house54 (1) the authority on the recommendations of the national committee may make regulations consistent with this act and the rules made thereunder to carry out the provisions of this actpower to make regulations by authority35(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the guidelines, standards and other directions for achieving the satisfactorylevel of dam safety assurance under sub-section (1) of section 16;40(b) the vulnerability and hazard classification criteria of specified dams undersection 17;(c) the details and form pertaining to the maintenance of log books or databaseunder sub-section (1) of section 18;(d) the qualifications, experience and training of the individuals responsible forsafety of specified dams under section 23;45(e) the employment of competent engineers and their qualifications andexperience for the purpose of investigation, design and construction of specified dams under sub-section (3) of section 26;(f) the quality control measures for the purpose of dam construction undersub-section (5) of section 26;(g) the level of competent engineers for the dam safety units under section 30;5(h) the guidelines and check-lists for inspection of specified dams underclause (a) of sub-section (3) of section 31;(i) the minimum number of set of instrumentations in the specified dams andthe manner of their installation under sub-section (1) of section 32;(j) the form, manner and time interval for forwarding the analysis of readings tothe state dam safety organisation under sub-section (2) of section 32;10(k) the data requirements of hydro-meteorological stations in the vicinity ofspecified dams under sub-section (1) of section 33;(l) the data requirements of seismological stations in the vicinity of specifieddams under sub-section (1) of section 34;15(m) the suitable location and manner of collection, compliance, process andstorage of data under sub-section (2) of section 34;(n) the time interval of risk assessment studies to be carried out undersub-section (2) of section 35;(o) time interval for updating the emergency action plan under clause (b) ofsub-section (1) of section 36;20(p) the time interval for the comprehensive safety evaluation of specified damsunder sub-section (1) of section 38;(q) the mandatory review of design flood of existing specified dams underclause (b) of sub-section (2) of section 38;25(r) the mandatory site specific seismic parameter studies of existing specifieddams under clause (c) of sub-section (2) of section 38;(s) the measures necessary to ensure dam safety by every owner of dam otherthan specified dams under section 46;(t) any other matter which is to be specified or in respect of which provision isto be made by the authority30rules and regulations to be laid before parliament3555 every rule and every regulation made by the central government under this actshall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation40power to remove difficulties56 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear it to be necessary or expedient for removing the difficulty:45provided that no order shall be made under this section after the expiry of three yearsfrom the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, belaid before each house of parliament the first schedule [see section 6 (1)] functions of national committee on dam safety1 for the purposes of maintaining standards of dam safety and prevention of dam failure related disasters, evolve dam safety policies and recommend necessary regulations as may be required;2 act as a forum for exchange of views on techniques to be adopted for remedial measures to relieve distress conditions in specified dams and appurtenant structures;3 analyse the causes of major dam incidents and dam failures and suggest changes in the planning, specifications, construction, operation and maintenance practices in order to avoid recurrence of such incidents and failures;4 evolve comprehensive dam safety management approach as an integration of dam safety evaluation, risk assessment and risk management for the desired level of safety assurance; and also explore compensations, by means of insurance coverage for the people affected by dam failures;5 render advice on any specific matter relating to dam safety which may be referred to it by the central government or the state government, as the case may be;6 make recommendations on a request by the central government on safety measures in respect of dams located outside the territory of india;7 make recommendations on the rehabilitation requirements of ageing dams; 8 provide strategic supervision for such dam rehabilitation programmes that are executed in states through central or externally aided funding;9 identify areas of research and development for dam safety and recommend for provision of funds;10 make recommendations on the coordinated reservoir operations of cascading dams; and11 any other specific matter relating to dam safety which may be referred to it by the central government functions of national dam safety authority 1 for the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, discharge such functions as related to implementation of the policies made by the national committee including making regulations on the recommendations of the national committee; 2 resolve any issue between the state dam safety organizations of states or between a state dam safety organisation and any owner of a specified dam in that state; 3 provide the state of the art technical and managerial assistance to the state dam safety organisations; 4 maintain a national level database of all specified dams in the country, including serious distress conditions, if any, noticed therein; 5 maintain liaison with the state dam safety organisations and the owners of the specified dams for standardisation of dam safety related data and practices, and related technical or managerial assistance; 6 lay down guidelines and check-lists for the routine inspection and detailed investigation of the specified dams and appurtenant structures;7 maintain the records of major dam failures in the country; 8 examine, as and when necessary, either through its own engineers or through a panel of experts, the cause of any major dam failure, and submit its report to the national committee;9 examine whenever required, either through its own engineers or through a panel of experts, the cause of any major public safety concern in respect of any specified dam, and issue appropriate instructions relating to further investigations, operational parameters or remedial measures;10 lay down the uniform criteria for vulnerability and hazard classification of the specified dams in the country, and review such criteria as and when necessary;11 give directions regarding maintenance of log books or database; 12 give directions regarding qualifications and experience requirements of individuals responsible for safety of the specified dams;13 accord accreditations to the agencies that may be entrusted with the investigation, design, construction and alteration of the specified dams;14 disqualify any agency for taking up investigation, design, construction or alteration of the specified dams, if it violates any of the regulations made under this act;15 give directions regarding qualification and experience requirements of individuals responsible for investigation, design and construction of the specified dams;16 give directions regarding quality control measures to be undertaken during construction of the specified dams;17 lay down guidelines for preventive measures in the areas vulnerable to landslides in the vicinity of a specified dam under construction;18 give directions regarding competent levels of engineers in the dam safety units of the specified dams on the basis of vulnerability and hazard classification of such dams;19 give directions regarding instrumentation requirements and manner of their installation for monitoring the performance of the specified dams;20 give directions regarding data requirements of hydro-meteorological stations in the vicinity of the specified dams;21 give directions regarding data requirements of seismological stations in the vicinity of the specified dams;22 give directions regarding time interval for the risk assessment studies of the specified dams on the basis of vulnerability and hazard classification of such dams;23 give directions regarding time interval for updating the emergency action plans of the specified dams on the basis of vulnerability and hazard classification of such dams;24 give directions regarding constitution of independent panel of experts for comprehensive dam safety evaluation of the specified dams;25 give directions regarding time interval for the comprehensive safety evaluation of the specified dams on the basis of vulnerability and hazard classification of such dams;26 lay down guidelines for review of design floods of existing the specified dams; 27 lay down guidelines for review of site specific seismic parameter studies of the specified dams;28 establishment of an early warning system incorporating appropriate framework for the exchange of real time hydrological and meteorological data and information related to operation of reservoirs by the owner of a dam;29 promote general education and awareness in relation to dam safety; 30 provide secretarial assistance to the national committee and its sub-committees; 31 provide coordination and overall supervision of dam rehabilitation programs that are executed in states through central or externally aided funding; and32 any other specific matter relating to dam safety which may be referred to it by the central government the third schedule [see section 12(1)] functions of state committee on dam safety1 for the purpose of maintaining standards of dam safety and prevention of dam failure related disasters, discharge such functions as may be necessary as per the guidelines, standards and other directions issued by the authority;2 review the work done by the state dam safety organisation; 3 establish priorities for investigations in case of specified dams under distress condition;4 in cases where investigations with respect to safety of any specified dam in the state had already been undertaken, to order further investigations in relation to safety of such specified dam and assign responsibilities for execution including the use of nondepartmental resources, and association of independent experts where necessary;5 recommend the appropriate measures to be taken in relation to the safety of the specified dam which is under distress condition;6 establish priorities among projects requiring remedial safety works; 7 review the progress on measures recommended in relation to dam safety; 8 assess potential implication of reservoir filling of a specified dam in the state on any upstream state, and coordinate mitigation measures with such upstream states;9 assess potential implication of failure of a specified dam in the state on any downstream state, and coordinate mitigation measures with such downstream states;10 assess probability of cascading dam failure, and coordinate mitigation measures with all concerned, including bordering states;11 recommend provision of funds for the purpose of planned and appropriately phased rehabilitation of ageing dams in the state;12 provide strategic supervision for such dam improvement and rehabilitation programmes that are executed through state funding; and13 any other specific matter relating to dam safety which may be referred to it by the state government statement of objects and reasonsdams are critical infrastructure constructed with large investment for multi-purpose uses such as irrigation, power generation, flood moderation and supply of water for drinking and industrial purposes an unsafe dam constitutes a hazard to human life, ecology and public and private assets including crops, houses, buildings, canals and roads therefore, the safety of dam is a matter of great concern to the general public and becomes a national responsibility to take necessary steps to ensure the safety of dams2 the government of india, keeping the importance of safety of dams, constituted a standing committee in the year 1982 under the chairmanship of chairman, central water commission to review the existing practices and to evolve unified procedure for safety of dams in india the standing committee in its report dated the 10th july, 1986 recommended for unified dam safety procedure for all dams in india and the necessary legislation on dam safety initial efforts for dam safety legislation were directed towards enactment of appropriate legislation by respective state governments, and accordingly the state of bihar enacted the dam safety act, 2006 however, some of the states favoured the idea of a uniform central legislation on dam safety the state of andhra pradesh and west bengal adopted resolution in their states for an act of parliament accordingly, the dam safety bill, 2010 was introduced in lok sabha on the 30th august, 2010 and was subsequently referred to the parliamentary standing committee on water resources for examination the parliamentary standing committee submitted its recommendations in its seventh report on the dam safety bill, 2010 owing to significant changes/modifications entailed in the bill while complying with the recommendations of the parliamentary standing committee, the ministry of water resources decided to withdraw the bill and to introduce the modified bill as a new bill in the parliament meanwhile, the term of the 15th lok sabha came to an end, and therefore the dam safety bill, 2010 lapsed with the dissolution of 15th lok sabha3 in view of the above, the dam safety bill, 2018 was prepared for coverage across whole of india incorporating the recommendations of the parliamentary standing committee on the dam safety bill, 2010 and was introduced in lok sabha however, with dissolution of the sixteenth lok sabha, the dam safety bill, 2018 lapsed hence, the present bill, namely the dam safety bill, 20194 the dam safety bill, 2019, inter alia, provides for—(a) constitution of the national committee on dam safety to discharge functions to prevent dam failure related disasters and to maintain standards of dam safety and it shall evolve dam safety policies and recommend necessary regulations as may be required for that purpose;(b) establishment of the national dam safety authority as a regulatory body to implement the policy, guidelines and standards for proper surveillance, inspection and maintenance of specified dams and address unresolved points of issues between the state dam safety organisation of two states, or between the state dam safety organisation of a state and the owner of a dam in that state, and in certain cases, such as dams extending in two or more states or dams of one state falling under the territories of another state it shall also perform the role of state dam safety organisation thereby eliminating potential causes for inter-state conflicts;(c) constitution of the state committee on dam safety by the state governments to ensure proper surveillance, inspection, operation and maintenance of all specified dams in that state and ensure their safe functioning;(d) establishment of the state dam safety organisation in states having specified dams which will be manned by officers with sufficient experience in the field of safety of dams;(e) an obligation upon every owner of a specified dam to establish operational and maintenance set up to ensure continued safety of such dams, to earmark sufficient and specific funds for maintenance and repairs of the dams, for undertaking pre-monsoon and post-monsoon inspections and special inspections during and after floods, earthquakes, etc, to carry out risk assessment studies at such intervals as specified by the national committee on dam safety;(f) an obligation upon the concerned state dam safety organisation to keep perpetual surveillance, carry out inspections and monitor the operation and maintenance of specified dams under its jurisdiction to ensure their safety; and to classify each dam under their jurisdiction as per the vulnerability and hazard classification in accordance with the regulations;(g) an obligation upon the national dam safety authority to forward its annual report to the parliament and the national disaster management authority and the state dam safety organisation to forward their annual reports on safety status of dams to the concerned state legislative and state disaster management authority 5 the bill seeks to achieve the above objectivesnew delhi;gajendra singh shekhawatthe 22nd july, 2019 notes on clausesclause 1—this clause provides for the short title, extent and commencement of the proposed legislationclause 2—this clause declares that it is expedient in public interest that the union should take under its control the regulation of uniform dam safety procedure for the specified dam to the extent provided in the proposed legislationclause 3—this clause seeks to provide that the provisions of the proposed legislation applies—(a) to every owner of a specified dam, being public sector undertaking or institution or a body owned or controlled by the central government or a state government or jointly by one or more governments; and (b) to every owner of a specified dam, being an undertaking or company or institution or a body other than those owned or controlled by the state government or the central governmentclause 4—this clause defines various terms and expressions used in the proposed legislationclause 5—this clause seeks to provide for the constitution of a national committee to be known as the "national committee on dam safety" the composition of said committee is also specified in this clauseclause 6—this clause seeks to provide the functions of the national committeethis clause further provides for powers to constitute sub-committee and for dissemination of knowledge and information to all stakeholdersclause 7—this clause seeks to provide for the procedure amd manner of the meetings of the national committee on dam safety this clause further provides that the national committee may invite the representatives of the owners of the specified dams and such other specialists or experts in dam safety, as it may consider appropriate, for the discharge of its functions this clause also contains the provisions relating to the expenditure incurred on the meetings of the national committeeclause 8—this clause seeks to provide the establishment of national dam safety authority and provides that the central government shall, for the purposes of the proposed legislation, by notification, establish a national authority of dam safety, within a period of sixty days from the date of commencement of this act this clause further provides that the national authority of dam safety shall be headed by an officer not below the rank of additional secretary to the government of india or equivalent who have knowledge of, and adequate qualification, experience and capacity in, dealing with problems relating to the dam engineering and dam safety management this clause also provides that headquaters of the authority shall be at delhi and the authority may establish offices at other places in indiaclause 9—this clause seeks to provide for the functions of the national dam safety authority the clause provides that : (1) the authority shall discharge such functions as specified in the second schedule as may be necessary to implement the policy, guidelines and standards evolved by the national committee for proper surveillance, inspection and maintenance of specified dams and for such purposes, it shall have the power to endorce the attendance of any person and call for any information as may be necessary; (2) the authority shall make all endeavours to resolve any issue between the state dam safety organisations of states or between a state dam safety organisation and any owner of a specified dam in that state; (3) every decision of the authority taken in respect of matters under this act shall be final and bindingclause 10—this clause seeks to provide that the central government shall, for the purpose of enabling national dam safety authority to perform its functions under the proposed legislation, provide such number of officers, and other employees as it may consider necessary this clause further provides that qualifications, experience, functions, powers and terms and conditions of service of the employees shall be such as may be prescribed by the central governmentclause 11—this clause seeks to provide for the constitution of a state committee to be known as the state committee on dam safety on such date as the state government may, by notification, appoints this clause also provides that the state committee on dam safety shall consist of a chairperson and other members this clause also provides that the state committee shall be constituted within a period of hundred and eighty days from the date of commencement of this act, and reconstituted for every three years thereafterclause 12—this clause seeks to provide that the state committee shall discharge such functions as specified in the third schedule as may be necessary to prevent dam failure related disasters as per the guidelines, standards and other directions on dam safety issued by the authority this clause further provides that the state committee shall be assisted by such sub-committees as it may consider necessary and the secretarial assistance to the state committee and its sub-committees shall be provided by state dam safety organisationclause 13—this clause seeks to provide that the state committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the state government provided that the state committee shall meet at least twice in a year and at least one meeting shall be held before the onset of the monsoon season this clause further provides that the state committee may invite the representative of the owner of any specified dam and such other experts in dam safety as it may consider appropriate, for the discharge of its functions this clause also provides that the expenditure incurred on the meetings of the state committee, such fees and allowances to be paid to the specialist members and other expert invitees who attend the meetings of the state committee or its sub-committees shall be in the manner as may be prescribed by the state governmentclause 14—this clause seeks to provide that every state government shall, by notification, establish in the department dealing with dam safety, a separate organisation, to be known as the state dam safety organisation, within a period of hundred and eighty days from the date of commencement of this act it further provides that in states having more than thrity specified dams, the state dam safety organisation shall be headed by an officer not below the rank of chief engineer or equivalent, and in all other cases, the state dam safety organisation shall be headed by an officer not below the rank of superintending engineer or equivalent it provides that the state dam safety organisation shall be responsible to, and report to the technical head of the department dealing with dam safety this clause also provides that the organisational structure and work procedures of the state dam safety organisation shall be such as may be prescribed by the state government and that its administrative and other expenses shall be borne by the respective state governmentsclause 15—this clause seeks to provide that the state government shall, having regard to the number of specified dams in that state, provide such number of officers and employees to the state dam safety organisation as it may consider necessary for the efficient functioning of the said organisation this clause further provides for qualifications and experience and the functions and powers of the officers and employeesclause 16—this clause seeks to provide that every state dam safety organisation shall—(a) keep perpetual surveillance; (b) carry out inspections; (c) monitor the operation and maintenance of all specified dams falling under their jurisdiction to ensure continued safety of such specified dams and take such measures as may be necessary to address safety concerns that are noticed with a view to achieve satificatory level of dam safety assurance as per the guidelines, standards and other directions issued by authority and in accordance with the regulations made under this act it further provides that the state dam safety organisation for the purpose of enabling it to make decisions compatible with public safety, shall make or cause to be made such investigations and shall gather or cause to be gathered such data as may be required for proper review and study of the various features of the design, construction, repair and enlargement of dams, reservoirs and appurtenances under their jurisdictionclause 17—this clause seeks to provide that the state dam safety organisation shall classify each specified dam under their jurisdiction as per the vulnerability and hazard classification criteria, in accordance with the regulations made under this actclause 18—this clause seeks to provide that every concerned state dam safety organisation shall maintain a log book or data-base for each specified dam recording therein all activities related to the surveillance and inspection and all important events related to the dam safety and such other details as may be specified by regulations it further provides that every state dam safety organisation shall furnish all such information to the authority as and when required by themclause 19—this clause seeks to provide that every state dam safety organisation shall report the event of any dam failure under their jurisdiction to the authority, and furnish any information as and when required by them it further provides that every state dam safety organisation shall maintain the records of major dam incidents of each specified dam under their jurisdiction, and furnish all such information to the authority as and when required by themclause 20—this clause seeks to provide that every state dam safety organisation shall render advice to the concerned owner of a specified dam on the safety measures required to be taken with respect to any dam it further provides that every owner of specified dam shall comply with the instructions issued by the state dam safety organisation with regard to safety or remedial measures in relation to any specified dam owned by itclause 21—this clause seeks to provide that every owners of the specified dam shall earmark sufficient and specific funds for maintenance and repairs of the specified dams and to implement the recommendations of the state dam safety organisationclause 22—this clause seeks to provide that every owner of the specified dam shall compile all technical documentations concerning hydrology dam foundation, structural engineering of dam, watershed upstream of dam, and nature or use of land downstream of dam along with information on all resources or facilities of economic, logistic or environmental importance which are likely to be affected due to dam failure it further provides that owner of the specified dam shall furnish all such information to the state dam safety organisation and authority as and when required by themclause 23—this clause seeks to provide qualifications and experience of individuals responsible for safety of specified dams and provides that every individual responsible for safety of specified dams and all activities related thereto shall possess such qualifications and experience and shall undergo such training as may be specified by the regulationsclause 24—this clause seeks to provide the jurisdiction of the state dam safety organisation and national dam safety authority and provides that all specified dams, shall fall under the jurisdiction of the state dam safety organisation of the state in which such dam is situated in matters relating to dam inspections, analysis of information, investigation, reports or recommendations regarding safety status, and remedial measures to be undertaken to improve dam safety and in all such matters, full co-operation shall be extended by the owner of the specified dam, provided that where a specified dam is owned by a central public sector undertaking or where a specified dam is extended over two or more states, or where the specified dam in one state is owned by another state, then, the authority shall be construed as the state dam safety organisation for the purpose of this act it further provides that in all such dams where the authority takes up the role of state dam safety organisation, the government of the states within the jurisdiction of which such dams are located shall have access to all information relating to these specified dams as available with the authority it also provides that the authorised representatives of the authority or concerned state dam safety organisation for the purposes of making any inspection or investigation necessary for the implementation of the provisions of this act, may enter upon any part of the specified dam or its site as and when required and apply such investigation methods, as may be considered necessary and after making inspection or investigation if the representative is of the opinion that certain remedial measures are required to be taken, he shall report such remedial measures to the officer-in-charge of such specified dam and to the concerned state dam safety organisationthis clause also provides that the authority and concerned state dam safety organisation, in cases of specified dams being found to be distressed on account of their age, degeneration, degradation, structural or other impediments, shall suggest such remedial measures on such operational parameter (including maximum reservoir level, maximum spillway discharge and maximum discharge through other outlets) as it may consider necessary it also provides that nothing shall absolve the owner of the specified dam or any other authority or person from any of the responsibilities of obligations entrusted upon it under the provisions of this act and that the provisions of this clause shall be in addition to, and not in derogation of any other provision of this actclause 25—this clause seeks to provide that all costs to be incurred by authority or state dam safety organisation on any form of investigation done including payments given to the consultants and experts shall be borne by the owner of concerned specified damclause 26—this clause seeks to provide that any construction or alteration of a specified dam shall be undertaken subject to investigation, design and construction being done by such agencies as may be accredited by the authority or the state government, as the case may be provided that the authority may disqualify any agency which violates any of the provisions of this act or the rules or regulations made thereunder it further provides that every agency for the purpose of designing or evaluating the safety of the specified dam, make use of the relevant standard codes and guidelines of the bureau of indian standards, and furnish the reasons, if any departure is made in the design or dam safety evaluation it further provides that—(1) agency shall for the purpose of investigation, design and construction employ such qualified, experienced and competent engineers, as may be specified by regulations; (2) agency shall for the purpose of approval of dam design demonstrate the safety of the design, operational parameters and policies as per the provisions of relevant codes and guidelines to the central or the state government, as the case may be; (3) agency shall, for the purpose of dam construction, undertake such quality control measures, as may be specified by regulations this clause also provides that the construction of any specified dam or the alteration or enlargement of any existing specified dam shall be undertaken with the approval of such competent authority, as may be specified by notification by the central government or the state government, as the case may beclause 27—this clause seeks to provide that before initial filling of any reservoir of a specified dam the agency responsible for its design shall draw the filling criteria and prepare a initial filling plan, with adequate time for monitoring and evaluating the performance of the dam and its appurtenance structures this clause further provided that before initial filling of the reservoir is taken up, the state dam safety organisation shall inspect or cause to be inspected the specified dam either through its own engineers or by an independent panel of experts, who shall also examine the initial filling programme and prepare a detailed report thereof duly certifying the fitness of dam for fillingclause 28 –this clause seeks to provide that every owner of the specified dam shall provide operation and maintenance establishment for the specified dam, and shall ensure that sufficient number of trained operation and maintenance engineers or technical persons are posted at each such dam this clause further provides that every owner of the specified dam shall ensure that a well-documented operation and maintenance manual is kept at each of the specified dams and are followed at all timesclause 29—this clause provides that nothing contained in this act shall be construed to absolve an owner of a dam of the duties, obligations or liabilities incidental to the construction, operation, maintenance and supervision of the dam or reservoirclause 30—this clause seeks to provide that for each specified dam, the owner shall, within the operation and maintenance establishment, provide a dam safety unit consisting of such competent levels of engineers as may be specified by regulationsclause 31—this clause seeks to provide that every owner of a specified dam shall undertake every year, through their dam safety unit, a pre-monsoon and post-monsoon inspection in respect of each such dam it further provides that every owner of a specified dam shall inspect or cause to be inspected every specified dam by the dam safety unit, during and after every flood, earthquake or any other natural or man-made calamities, or if any sign of distress or unusual behaviour is noticed in the dam this clause also provides that every owner of a specified dam shall—(a) carry out all inspections in accordance with the guidelines and check-lists as may be specified by regulations; (b) station, at each of the specified dam site throughout the monsoon period, such engineers and other technical personnel, as may be decided, in consultation with the state dam safety organisation provided that the engineers and other technical personnel shall be required to be stationed at their respective dam sites during entire period of emergency following any other natural or man-made calamity that may create distress conditions in the dam; and (c) forward the inspection report by the dam safety unit to the state dam safety organisation, which shall analyse the report and submit comments on the deficiency and remedial measures, if any, to the owner of the specified damclause 32—this clause seeks to provide that every owner of a specified dam shall have a minimum number of such instrumentations at each specified dam, and installed in the manner as may be specified by regulations for monitoring the performance of such dam this clause further provides that every owner of the specified dam shall maintain a record of recordings of the instrumentations and forward the analysis of such readings to the state dam safety organisation, in the form, manner and at such interval as may be specified by regulationsclause 33—this clause seeks to provide that every owner of a specified dam shall establish a hydro-meteorological station in the vicinity of each specified dam capable of recording such data as may be specified by regulationsthis clause further provides that every owner of the specified dam shall collect, compile, process and store data at a suitable locationclause 34—this clause seeks to provide that in the case of every specified dam, having a height of thirty metres or above or falling under such seismic zone, may be specified by regulations, the owner of the specified dam shall establish a seismological station in the vicinity of each such dam for recording micro and strong motion earthquakes and such other data as may be specified by regulations it further provides that every owner of a specified dam shall collect, compile, process and store data at such suitable location and in such manner as may be specified by regulationsclasuse 35—this clause seeks to provide that every owner of a specified dam, in respect of each specified dam, shall—(a) establish well designed hydro-meteorological network and an inflow forecasting system; (b) establish an emergency flood warning system for the probable flood affected areas downstream of the dam; (c) test or cause to be tested periodically the functioning of systems ; (d) install such scientific and technical instruments which are invented or adopted from time to time for the purpose of ensuring dam safety and the life and property of people downstream; (e) make available the information relating to maximum anticipated inflows and outflows including flood warning and an adverse impact of the same, if any, on persons and property towards the upstream or downstream of the dam, to the concerned district authorities and also make available the information in public domain; and (f) render necessary assistance to the authority in establishment and running of the early warning system for the exchange of real time hydrological and meteorological data and information related to the operation of reservoirs it further provides that every owner of a specified dam, for each of its dam, shall, carry out risk assessment studies at such interval as may be specified by regulations and the first such study shall be made within five years from the date of commencement of this actclause 36 –this clause seeks to provide that every owner of a specified dam, in respect of each specified dam, shall—(a) prepare emergency action plan before allowing the initial filling of the reservoir and thereafter update such plans at regular intervals; (b) in respect of the dam which is constructed and filled before the commencement of this act, prepare emergency action plan within five years from the date of commencement of this act and thereafter update such plans at regular intervals as may be specified by regulations it further provides that the emergency action plan referred to in sub-section (1) shall—(a) set out the procedures to be followed for the protection of persons and property upstream of the specified dam in the event of an actual or imminent dam failure or to mitigate the effects of the disaster; (b) include therein—(i) the type of emergencies which are likely to occur in the operation of any reservoir; (ii) identification of the likely catastrophic flood in the event of any dam failure, along with probable areas, population, structures and installations likely to be adversely affected due to flood water released from the reservoir; (iii) warning procedures, inundation maps and advance preparations for handling efficiently and in the best possible manner the likely adverse situations especially to avoid loss of human life; (iv) such other matters which may having regard to the grographical conditions, size of the specified dam and other relevent factors as may be necessary it also provides that the emengency action plan shall be put into action as and when conditions arise which are hazardous or likely to be hazardous to a specified dam or potentially hazardous to public safety, infrastructure, other property or to the environment it also provides that every owner of the specified dam shall, while preparing and updating the emergency action plan, undertake a consultation process with all disaster management agencies and other departments of the state entrusted with disaster management and relief in the area likely to be affected and owners of other dams in the immediate vicinity likely to be affected, so as to bring coordination and transparency and allay any unwarranted fear on dam safety issuesclause 37—this clause seeks to provide that every owner, organisation and authority shall render necessary assistance, if so required by any authority under any other law for the time being in force to meet or mitigate any disaster or emergency arising out of the specified damsclause 38—this clause seeks to provide that the owner of a specified dam shall make or cause to be made comprehensive dam safety evaluation of each specified dam through an independent panel of experts constituted as per regulations for the purpose of determining the conditions of the specified dam and its reservoir provided that the first comprehensive dam safety evaluation for each existing specified dam shall be conducted within five years from the date of commencement of this act, and thereafter the comprehensive dam safety evaluation of each such dam shall be carried out at regular intervals as may be specified by regulations it further provides that the comprehensive dam safety evaluation shall consist of, but not be limited to—(a) review and analysis of available data on the design, construction, operation, maintenance and performance of the structure; (b) general assessment of hydrologic and hydraulic conditions with mandatory review of design floods as specified by regulations; (c) general assessment of seismic safety of specified dam with mandatory site specific seismic parameters study in certain cases as may be specified by regulations; (d) evaluation of the operation, maintenance and inspection procedures; and (e) evaluation of any other conditions which constitute a hazard to the integrity of the structureclause 39 –this clause seeks to provide that the comprehensive evaluation shall be compulsory in the case of—(a) major modification to the original or design criteria; (b) discovery of unusual condition at the dam or reservoir rim; and (c) after an extreme hydrological or seismic eventclause 40—this clause seeks to provide that the owner of a specified dam shall report the results of the comprehensive safety evaluation to the state dam safety organisation this clause further provides that the comprehensive evaluation reports shall include, but not be limited to—(a) assessment of the condition of the structure based on the visual observations and available data on the design, hydrology, construction, operation, maintenance, performance of the structure; (b) recommendations for any emergency measures or actions, if required, to assure the immediate safety of the structure; (c) recommendations for remedial measures and actions related to design, construction, operation, maintenance and inspection of the structure, if required; (d) recommendations for additional detailed studies, investigations and analysis, if required; and (e) recommendations for improvements in routine maintenance and inspection of dam, if required it also provides that in case where the comprehensive safety evaluation resulted in recommendations for a remedial measure, the state dam safety organisation shall pursue with the owner of the specified dam to ensure that remedial measures are carried out in time, for which the owner shall provide adequate funds and in case where there are unresolved points of issues emerging between an independent panel of experts and the owner of the specified dams or concerned authorities, as the case may be, the matter shall be referred to the state dam safety organisation and in case, no agreement is arrived at, the matter shall be referred to the authority which shall render its advice and send their recommendations to the state government concerned for implementationclause 41—this clause seeks to provide punishment for obstruction, etc, and provides that whoever, without reasonable cause—(a) obstructs any officer or employee of the central government or the state government, or a person authorised by the national committee or the authority or the state committee or the state dam safety organisation in the discharge of his functions under this act; or (b) refuses to comply with any direction given by or on behalf of the central government or the state government or the national committee or the authority or the state committee or the state dam safety organisation under this act, shall be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall be punishable with imprisonment for a term which may extend to two yearsclause 42—this clause seeks to provide offences by departments of government and provides that where an offence under this act has been committed by a department of the government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed whithout his knowledge or that he exercised all due diligence to prevent the commission of such offence it further provides that where an offence under this act has been committed by a department of the government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyclause 43—this clause seeks to provide that where an offence under this act has been committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence it further provides that where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyclause 44—this clause seeks to provide cognizance of offences and provides that no court shall take cognizance of any offence punishable under this act, save on a complaint made by the central government or the state government or a person authorised in this behalf by the national committee or the authority or the state committee or the state dam safety organisation, as the case may bethis clause further provides that no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this actclause 45—this clause seeks to provide that every state dam safety organisation shall prepare annual report, within three months of the expiry of the preceding financial year, of its activities and safety status of specified dams in the state and such report shall be forwarded to the authority and state government and that government shall cause the same to be laid before each house of the state legislature, where it consists of two houses or where such legislature consists of one house, before that house it further provides that every state dam safety organisation and every owner of a specified dam shall provide to the authority, documentation of the projects, report of enquiries into failure and any other data, as and when required in such format and in such manner as may be decided by the authority it also provides that the authority, shall prepare a consolidated annual report of the dam safety activities in the country and submit the same to the central government within six months of the expiry of the preceding financial year and that government shall cause the same to be laid before each house of parliament it also provides that the authority shall forward its annual report on the safety status of specified dams to the national disaster management authority and also make available such report in public domain and the state dam safety organisation of each state shall forward their annual report to the concerned state disaster management authority and also make available such report in public domainclause 46—this clause seeks to provide that every owner of the dam other than specified dams shall undertake such measures as may be necessary to ensure dam safety and shall comply with such measures in accordance with the regulations made under this actclause 47—this clause seeks to provide that where a dam, including a dam created due to landslides or glacial moraine, is located outside the territory of india and the authority suo motu or on receipt of information from any person or organisation or authority or source prima facie is of the opinion that measures are required to be taken to ensure safety of such dams and failure of which may endanger the life and property of people located in india, it shall in writing submit an intimation thereof to the central government indicating therein the likely damages which may arise due to failure of such dams and the safety measures required to be taken in respect of such dam and the central government shall take all suitable measures to mitigate any possible threatclause 48—this clause seeks to provide that the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceclause 49—this clause seeks to provide that if the central government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the first schedule, the second schedule or the third schedule and thereupon the schedules, shall be deemed to have been amended accordingly and a copy of every notification made under this clause shall be laid before each house of parliament as soon as may be after it is madeclause 50—this clause seeks to provide that the central government may give such directions, as it may consider necessary, to the state government where that government is the owner of the specified dam and to the owner of a specified dam in any other case for the effective implementation of the provisions of this actclause 51—this clause seeks to provide that no act or proceeding of the national committee, the authority and the state committee shall be invalid merely by reason of—(a) any vancany in, or any defect in the constitution of, the authority; or (b) any defect in the appointment of a person acting as a member of the authority; or (c) any irregularity in the procedure of the authority not affecting the merits of the caseclause 52—this clause relates to power of central government to make rules and provides that the central government may, by notification, make rules to carry out the provisions of this act in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the times and places of the meetings of the national committee on dam safety and the procedure to be followed at such meetings under sub-section (1) of section 7; and the expenditure incurred on the meetings of the national committee under sub-section (3) of section 7; (b) the qualifications and experience of the officers and other employees of the authority in the field of dam safety or in such other field under sub-section (1) of section 10; (c) the functions, powers, and terms and conditions of service of other officers and other employees of the authority under sub-section(2) of section 10 (d) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the central government by rulesclause 53—this clause relates to power of state government to make rules and provides that the state government may, by notification, make rules to carry out the provisions of this act such rules may provide for all or any of the matters,—(a) the times and places of the meetings of the state committee and the procedure to be followed at such meetings under sub-section (1) of section 13; (b) the expenditure incurred on the meetings of the state committee under sub-section (3) of section 13; (c) the fee and allowances paid to the specialist members or expert invitees of the state committee or its sub-committees under sub-section (4) of section 13; (d) the organisational structure and work procedure of state dam safety organisation under sub-section (3) of section 14; (e) the qualifications and experience of the officers and other employees of the authority in the field of dam safety or in such other field under sub-section (1) of section 15; (f) the functions, powers and terms and conditions of service of the employees of the state dam safety organisation under sub-section (2) of section 15; (g) the dam safety measures in respect of dams other than specified dams under section 46; (h) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the state government by rules it further erovides-every rule made by a state government under this act shall be laid as soon as may be after it is made, before the state legislature, where it consists of two houses, or where the legislature consist of one house, before that houseclause 54—this clause seeks to provide that the authority on the recommendations of the national committee may make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act and such regulations may provide for all or any of the matters—(a) the guidelines, standards and other directions for achieving the satisfactory level of dam safety assurance under sub-section (1) of section 16; (b) the vulnerability and hazard classification criteria of specified dams under section 17; (c) the details and form pertaining to the maintenance of log books or database under sub-section (1) of section 18; (d) the qualifications and experience of the individuals responsible for safety of specified dams under section 23; (e) the employment of competent engineers and their qualifications and experience for the purpose of investigation, design and construction of specified dams under sub-section (3) of section 26; (f) the quality control measures for the purpose of dam construction under sub-section (5) of section 26; (g) the level of competent engineers for the dam safety units under section 30; (h) the check-lists for inspection of specified dams under clause (a) of sub-section (3) of section 31; (i) the minimum number of set of instrumentations in the specified dams and the manner of their installation under sub-section (1) of section 32; (j) the form, manner and time interval for forwarding the analysis of readings to the state dam safety organisation under sub-section (2) of section 32; (k) the data requirements of hydro-meteorological stations in the vicinity of specified dams under sub-section (1) of section 33; (l) the suitable location and manner of collection, compliance, process and storage of data under sub-section (2) of section 34 (m) the data requirements of seismological stations in the vicinity of specified dams under sub-section (1) of section 34; (n) the time interval of risk assessment studies to be carried out under subsection (2) of section 35; (o) the time interval for updating the emergency action plan under clause (b) of sub-section (1) of section 36; (p) the time interval for the comprehensive safety evaluation of specified dams under sub-section (1) of section 38; (q) the mandatory review of design flood of existing specified dams under clause (b) of sub-section (2) of section 38; (r) the mandatory site specific seismic parameter studies of existing specified dams under clause (c) of sub-section (2) of section 38; (s) the measures as may be necessary to ensure dam safety by every owner of dam other than specified dams under section 46; (t) any other matter which is to be specified or in respect of which provision is to be made by the national committee by regulationsclause 55—this clause seeks to provide that every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulationclause 56—this clause seeks to provide that if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary or expedient for removing the difficulty provided that no order shall be made under this section after the expiry of three years from the date of commencement of this act this clause further provides that every order made under this clause shall, as soon as may be after it is made, be laid before each house of parliament financial memorandumclause 5 of the bill provides for constitution of a national committee on dam safety and clauses 6 and 7 of the bill provide for functions and meetings of the national committee and expenditure thereof in respect of these clauses of the bill, an indicative recurring expenditure of about rupees seventy lakhs per annum is anticipated for expenses of the national committee on dam safety further, clause 8 of the bill provides for establishment and composition of the national dam safety authority and clauses 9 and 10 of the bill provide for functions and officers and employees of the authority and expenditure thereof in respect of these clauses of the bill, an indicative capital expenditure of rupees thirtythree crore is anticipated for creation of building and infrastructure facilities for the office of national dam safety authority assuming availability of government land the indicative recurring expenditure for meeting the remuneration of national dam safety authority's officers, staff, consultants, and other miscellaneous office expenses, is rupees fourteen crore per annumthe provisions of the bill will not involve any other expenditure of recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (1) of clause 52 empowers the central government to make rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include— (a) the times and places of the meetings of the national committee on dam safety and the procedure to be followed at such meetings under sub-section (1) of section 7 and the expenditure incurred on the meetings of the national committee under sub-section (3) of section 7; (b) the qualifications and experience of the officers and other employee of the authority in the field of dam safety or in such other field under sub-section (1) of section 10; (c) the functions, powers and terms and conditions of service of other officers and other employees of the authority under sub-section (2) of section 10; (d) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the central government by rules 2 sub-clause (1) of clause 53 empowers the state governments to make rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) the times and places of the meetings of the state committee and the procedure to be followed at such meetings under sub-section (1) of section 13; (b) the expenditure incurred on the meetings of the state committee under sub-section (3) of section 13; (c) the fees and allowances paid to the specialist members or expert invitees of the state committee or its sub-committees under sub-section (4) of section 13; (d) the organisational structure and work procedure of state dam safety organisation under sub-section (3) of section 14; (e) the qualifications and experience of the officers and other employees of the authority in the field of dam safety or in such other field under sub-section (1) of section 15; (f) the functions, powers and terms and conditions of service of the employees of the state dam safety organisation under sub-section (2) of section 15; (g) the dam safety measures in respect of dams other than specified dams under section 46; (h) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the state government by rules3 sub-clause (1) of clause 54 empowers the national dam safety authority to make regulations inconsistent with the proposed legislation and the rules made thereunder to carry out the purposes of the proposed legislation sub-clause (2) specifies the matter in respect of which such regulations may be made these matters, inter alia, include—(a) the guidelines, standards and other directions for achieving the satisfactory level of dam safety assurance under sub-section (1) of section 16; (b) the vulnerability and hazard classification criteria of specified dams under section 17; (c) the details and form pertaining to the maintenance of log books or database under sub-section (1) of section 18; (d) the qualifications and experience of the individuals responsible for safety of specified dams under section 23; (e) the employment of competent engineers and their qualifications and experience for the purpose of investigation, design and construction of specified dams under sub-section (3) of section 26; (f) the quality control measures for the purpose of dam construction under sub-section (5) of section 26; (g) the level of competent engineers for the dam safety units under section 30; (h) the check-lists for inspection of specified dams under clause (a) of sub-section (3) of section 31; (i) the minimum number of set of instrumentations in the specified dams and the manner of their installation under sub-section (1) of section 32; (j) the form, manner and time interval for forwarding the analysis of readings to the state dam safety organisation under sub-section (2) of section 32; (k) the data requirements of hydro-meteorological stations in the vicinity of specified dams under sub-section (1) of section 33; (l) the data requirements of seismological stations in the vicinity of specified dams under sub-section (1) of section 34; (m) the suitable location and manner of collection, compliance, process and storage of data under sub-section (2) of section 34; (n) the time interval of risk assessment studies to be carried out under sub-section (2) of section 35; (o) the time interval for updating the emergency action plan under clause (b) of sub-section (1) of section 36; (p) the time interval for the comprehensive safety evaluation of specified dams under sub-section (1) of section 38; (q) the mandatory review of design flood of existing specified dams under clause (b) of sub-section (2) of section 38; (r) the mandatory site specific seismic parameter studies of existing specified dams under clause (c) of sub-section (2) of section 38; (s) the measures necessary to ensure dam safety by every owner of dam other than specified dams under section 46; (t) any other matter which is to be specified or in respect of which provision is to be made by the national committee by regulations 4 the matters in respect of which rules may be made by the central government and the state government are matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for surveillance, inspection, operation and maintenance of the specified dam forprevention of dam failure related disasters and to provide for institutional mechanism to ensure their safe functioning and for matters connected therewith or incidental thereto————mgipmrnd—1926ls(s3)—23-07-2019

Parliament_bills

0dba8499-ca1c-5a49-ad29-6f568b0c1e32

bill no 185 of 2019 the national medical commission bill, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii the national medical commission3 constitution of national medical commission 4 composition of commission 5 search committee for appointment of chairperson and members 6 term of office and conditions of service of chairperson and members 7 removal of chairperson and member of commission 8 appointment of secretary, experts, professionals, officers and other employeesof commission9 meetings, etc, of commission10 powers and functions of commission chapter iii the medical advisory council11 constitution and composition of medical advisory council 12 functions of medical advisory council 13 meetings of medical advisory council chapter iv national examination14 national eligibility-cum-entrance test 15 national exit test chapter v autonomous boards16 constitution of autonomous boards clauses17 composition of autonomous boards 18 search committee for appointment of president and members 19 term of office and conditions of service of president and members 20 advisory committees of experts 21 staff of autonomous boards 22 meetings, etc, of autonomous boards 23 powers of autonomous boards and delegation of powers 24 powers and functions of under-graduate medical education board 25 powers and functions of post-graduate medical education board 26 powers and functions of medical assessment and rating board 27 powers and functions of ethics and medical registration board 28 permission for establishment of new medical college 29 criteria for approving or disapproving scheme 30 state medical councils 31 national register and state register 32 mid-level medical practioners 33 rights of persons to have licence to practice and to be enrolled in nationalregister or state register and their obligations thereto34 bar to practice chapter vi recognition of medical qualifications35 recognition of medical qualifications granted by universities or medicalinstitutions in india36 recognition of medical qualifications granted by medical institutions outsideindia37 recognition of medical qualifications granted by statutory or other body inindia38 withdrawal of recognition granted to medical qualification granted by medicalinstitutions in india39 derecognition of medical qualifications granted by medical institutions outsideindia40 special provision in certain cases for recognition of medical qualifications chapter vii grants, audit and accounts41 grants by central government 42 national medical commission fund 43 audit and accounts clauses44 furnishing of returns and reports to central government chapter viii miscellaneous45 power of central government to give directions to commission and autonomousboards46 power of central government to give directions to state governments 47 information to be furnished by commission and publication thereof 48 obligation of universities and medical institutions 49 completion of courses of studies in medical institutions 50 joint sittings of commission, central councils of homoeopathy and indianmedicine to enhance interface between their respective systems of medicine51 state government to promote primary healthcare in rural areas 52 chairperson, members, officers of commission and of autonomous boards tobe public servants53 protection of action taken in good faith 54 cognizance of offences 55 power of central government to supersede commission 56 power to make rules 57 power to make regulations 58 rules and regulations to be laid before parliament 59 power to remove difficulties 60 repeal and saving 61 transitory provisionsthe schedule bill no 185 of 2019 the national medical commission bill, 2019 a billto provide for a medical education system that improves access to quality and affordablemedical education, ensures availability of adequate and high quality medical professionals in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; that promotes national health goals; that encourages medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register for india and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the national medical commission act, 2019(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions2 in this act, unless the context otherwise requires,—5 (a) "autonomous board" means any of the autonomous boards constitutedunder section 16;(b) "chairperson" means the chairperson of the national medical commission appointed under section 5;10(c) "commission" means the national medical commission constituted undersection 3;(d) "council" means the medical advisory council constituted undersection 11;(e) " ethics and medical registration board" means the board constitutedunder section 16;15(f) "health university" means a university specialised in affiliating institutions engaged in teaching medicine, medical and health sciences and includes a medical university and university of health sciences;(g) "licence" means a licence to practice medicine granted under sub-section (1) of section 33;20(h) "medical assessment and rating board" means the board constituted under section 16;(i) "medical institution" means any institution within or outside india which, grants degrees, diplomas or licences in medicine and include affiliated colleges and deemed to be universities;25(j) "medicine" means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery;(k) "member" means a member of the commission appointed under section 5 and includes the chairperson thereof;30 21 of 1860(l) "national board of examination" means the body registered as such under the societies registration act, 1860 which grants broad-speciality and super-speciality qualifications referred to in the schedule;(m) "national register" means a national medical register maintained by the ethics and medical registration board under section 31;35(n) "notification" means notification published in the official gazette and the expression "notify" shall be construed accordingly;(o) "post-graduate medical education board" means the board constituted under section 16;(p) "prescribed" means prescribed by rules made under this act;40(q) "president" means the president of an autonomous board appointed under section 18;(r) "recognised medical qualification" means a medical qualification recognised under section 35 or section 36 or section 37 or section 40, as the case may be;45(s) "regulations" means the regulations made by the commission under this act;(t) "schedule" means the schedule to this act;(u) "state medical council" means a medical council constituted under any law for the time being in force in any state or union territory for regulating the practice and registration of practitioners of medicine in that state or union territory;5(v) "state register" means a register maintained under any law for the timebeing in force in any state or union territory for registration of practitioners of medicine;(w) "under-graduate medical education board" means the board constituted under section 16;103 of 1956(x) "university" shall have the same meaning as assigned to it in clause (f)of section 2 of the university grants commission act, 1956 and includes a health university chapter ii the national medical commission153 (1) the central government shall constitute a commission, to be known as the national medical commission, to exercise the powers conferred upon, and to perform the functions assigned to it, under this actconstitution of national medical commission20(2) the commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued(3) the head office of the commission shall be at new delhi 4 (1) the commission shall consist of the following persons to be appointed by the central government, namely:—composition of commission(a) a chairperson;25(b) ten ex officio members; and (c) fourteen part-time members30(2) the chairperson shall be a medical professional of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any university and having experience of not less than twenty years in the field of medical sciences, out of which at least ten years shall be as a leader in the area of medical education(3) the following persons shall be the ex officio members of the commission, namely:—35(a) the president of the under-graduate medical education board; (b) the president of the post-graduate medical education board; (c) the president of the medical assessment and rating board; (d) the president of the ethics and medical registration board;(e) the director general of health services, directorate general of health services, new delhi;40(f) the director general, indian council of medical research;(g) a director of any of the all india institutes of medical sciences, to be nominated by the central government;5(h) two persons from amongst the directors of postgraduate institute of medical education and research, chandigarh; jawaharlal institute of postgraduate medical education and research, puducherry; tata memorial hospital, mumbai; north eastern indira gandhi regional institute of health and medical sciences, shillong; and all india institute of hygiene and public health, kolkata; to be nominated by the central government; and(i) one person to represent the ministry of the central government dealing with health and family welfare, not below the rank of additional secretary to the government of india, to be nominated by that ministry10(4) the following persons shall be appointed as part-time members of the commission, namely:—(a) three members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in such areas including management, law, medical ethics, health research, consumer or patient rights advocacy, science and technology and economics;15(b) six members to be appointed on rotational basis from amongst the nominees of the states and union territories, under clauses (c) and (d) of sub-section (2) of section 11, in the medical advisory council for a term of two years in such manner as may be prescribed;20(c) five members to be appointed from amongst the nominees of the states and union territories, under clause (e) of sub-section (2) of section 11, in the medical advisory council for a term of two years in such manner as may be prescribedexplanation—for the purposes of this section and section 17, the term"leader" means the head of a department or the head of an organisation255 (1) the central government shall appoint the chairperson, part-time members referred to in clause (a) of sub-section (4) of section 4 and the secretary referred to in section 8 on the recommendation of a search committee consisting of—(a) the cabinet secretary—chairperson;search committee for appointment of chairperson and members30(b) three experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of medical education, public health education and health research, to be nominated by the central government— members;35(c) one expert, from amongst the part-time members referred to in clause (c)of sub-section (4) of section 4, to be nominated by the central government in such manner as may be prescribed—member;40(d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of management or law or economics or science and technology, to be nominated by the central government—member; and(e) the secretary to the government of india in charge of the ministry of health and family welfare, to be the convenor—member45(2) the central government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the chairperson or a member, or within three months before the end of tenure of the chairperson or member, make a reference to the search committee for filling up of the vacancy(3) the search committee shall recommend a panel of at least three names for every vacancy referred to it50(4) the search committee shall, before recommending any person for appointment as the chairperson or a member of the commission, satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such chairperson or member(5) no appointment of the chairperson or member shall be invalid merely by reason of any vacancy or absence of a member in the search committee5(6) subject to the provisions of sub-sections (2) to (5), the search committee mayregulate its own procedure106 (1) the chairperson and the part-time members, other than the part-time members appointed under clauses (b) and (c) of sub-section (4) of section 4, shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment:term of office and conditions of service of chairperson and members provided that such person shall cease to hold office after attaining the age of seventy years(2) the term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is such member15(3) where a member "other than an ex officio member" is absent from threeconsecutive ordinary meetings of the commission and the cause of such absence is not attributable to any valid reason in the opinion of the commission, such member shall be deemed to have vacated the seat20 (4) the salaries and allowances payable to, and other terms and conditions of service of, the chairperson and member "other than an ex officio member" shall be such as may be prescribed(5) the chairperson or a member may,—(a) relinquish his office by giving in writing to the central government a notice of not less than three months; or25(b) be removed from his office in accordance with the provisions ofsection 7: provided that such person may be relieved from duties earlier than three months or be allowed to continue beyond three months until a successor is appointed, if the central government so decides30(6) the chairperson and every member of the commission shall make declarationof his assets and his liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement in such form and manner as may be prescribed, and such declaration shall be published on the website of the commission35(7) the chairperson or a member, ceasing to hold office as such, shall not accept,for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private medical institution, whose matter has been dealt with by such chairperson or member, directly or indirectly:40provided that nothing herein shall be construed as preventing such person fromaccepting an employment in a body or institution, including medical institution, controlled or maintained by the central government or a state government:45provided further that nothing herein shall prevent the central government frompermitting the chairperson or a member to accept any employment in any capacity, including as a consultant or expert in any private medical institution whose matter has been dealt with by such chairperson or member7 (1) the central government may, by order, remove from office the chairperson or any other member, who—(a) has been adjudged an insolvent; or removal of chairperson and member of commission(b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or5(c) has become physically or mentally incapable of acting as a member; or (d) is of unsound mind and stands so declared by a competent court; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or10(f) has so abused his position as to render his continuance in office prejudicial to public interest (2) no member shall be removed under clauses (e) and (f) of sub-section (1)unless he has been given a reasonable opportunity of being heard in the matter158 (1) there shall be a secretariat for the commission to be headed by a secretary, to be appointed by the central government in accordance with the provisions of section 5appointment of secretary, experts, professionals, officers and other employees of commission(2) the secretary of the commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribed20(3) the secretary shall be appointed by the central government for a term of four years and shall not be eligible for any extension or re-appointment(4) the secretary shall discharge such functions of the commission as are assigned to him by the commission and as may be specified by regulations made under this act25(5) the commission may, for the efficient discharge of its functions under this act, appoint such officers and other employees, as it considers necessary, against the posts created by the central government30(6) the salaries and allowances payable to, and other terms and conditions of service of, the secretary, officers and other employees of the commission shall be such as may be prescribed35(7) the commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in such fields, including medical education, public health, management, health economics, quality assurance, patient advocacy, health research, science and technology, administration, finance, accounts and law, as it deems necessary, to assist the commission in the discharge of its functions under this act9 (1) the commission shall meet at least once every quarter at such time and place as may be appointed by the chairpersonmeetings, etc, of commission40(2) the chairperson shall preside at the meeting of the commission, and if, for any reason, the chairperson is unable to attend a meeting of the commission, any other member, being the president of an autonomous board, nominated by the chairperson, shall preside at the meeting45(3) unless the procedure to be followed at the meetings of the commission is otherwise provided by regulations, one-half of the total number of members of the commission including the chairperson shall constitute the quorum and all the acts of the commission shall be decided by a majority of the members, present and voting and in the event of equality of votes, the chairperson, or in his absence, the president of the autonomous board nominated under sub-section (2), shall have the casting vote(4) the general superintendence, direction and control of the administration of the commission shall vest in the chairperson5(5) no act done by the commission shall be questioned on the ground of theexistence of a vacancy in, or a defect in the constitution of, the commission10(6) a person who is aggrieved by any decision of the commission except the decision rendered under sub-section (4) of section 30 may prefer an appeal to the central government against such decision within thirty days of the communication of such decision10 (1) the commission shall perform the following functions, namely:—powers and functions of commission(a) lay down policies for maintaining a high quality and high standards inmedical education and make necessary regulations in this behalf;15(b) lay down policies for regulating medical institutions, medical researchesand medical professionals and make necessary regulations in this behalf;(c) assess the requirements in healthcare, including human resources forhealth and healthcare infrastructure and develop a road map for meeting such requirements;20(d) promote, co-ordinate and frame guidelines and lay down policies bymaking necessary regulations for the proper functioning of the commission, the autonomous boards and the state medical councils;(e) ensure co-ordination among the autonomous boards;25(f) take such measures, as may be necessary, to ensure compliance by thestate medical councils of the guidelines framed and regulations made under this act for their effective functioning under this act;(g) exercise appellate jurisdiction with respect to the decisions of theautonomous boards;30(h) lay down policies and codes to ensure observance of professional ethicsin medical profession and to promote ethical conduct during the provision of care by medical practitioners;(i) frame guidelines for determination of fees and all other charges in respectof fifty per cent of seats in private medical institutions and deemed to be universities which are governed under the provisions of this act;35(j) exercise such other powers and perform such other functions as may beprescribed(2) all orders and decisions of the commission shall be authenticated by the signature of the secretary(3) the commission may delegate such of its powers of administrative and financial matters, as it deems fit, to the secretary40(4) the commission may constitute sub-committees and delegate such of itspowers to such sub-committees as may be necessary to enable them to accomplish specific tasks chapter iii the medical advisory council11 (1) the central government shall constitute an advisory body to be known as the medical advisory council5(2) the council shall consist of a chairperson and the following members, namely:—constitution and composition of medical advisory council(a) the chairperson of the commission shall be the ex officio chairperson of the council;(b) every member of the commission shall be the ex officio members of the council;10(c) one member to represent each state, who is the vice-chancellor of ahealth university in that state, to be nominated by that state government;(d) one member to represent each union territory, who is the vice-chancellor of a health university in that union territory, to be nominated by the ministry of home affairs in the government of india;15(e) one member to represent each state and each union territory from amongst elected members of the state medical council, to be nominated by that state medical council;(f) the chairman, university grants commission;(g) the director, national assessment and accreditation council;20(h) four members to be nominated by the central government from amongst persons holding the post of director in the indian institutes of technology, indian institutes of management and the indian institute of science:25 provided that if there is no health university in any state or union territory, the vice-chancellor of a university within that state or union territory having the largest number of medical colleges affiliated to it shall be nominated by the state government or by the ministry of home affairs in the government of india: provided further that if there is no university in any union territory, the ministry of home affairs shall nominate a member who possesses such medical qualification and experience as may be prescribed30functions of medical advisory council12 (1) the council shall be the primary platform through which the states and union territories may put forth their views and concerns before the commission and help in shaping the overall agenda, policy and action relating to medical education and training35(2) the council shall advise the commission on measures to determine and maintain, and to co-ordinate maintenance of, the minimum standards in all matters relating to medical education, training and research(3) the council shall advise the commission on measures to enhance equitable access to medical education4013 (1) the council shall meet at least twice a year at such time and place as may be decided by the chairpersonmeetings of medical advisory council(2) the chairperson shall preside at the meeting of the council and if for any reason the chairperson is unable to attend a meeting of the council, such other member as nominated by the chairperson shall preside over the meeting45(3) unless the procedure is otherwise provided by regulations, fifty per cent of the members of the council including the chairperson shall form the quorum and all acts of the council shall be decided by a majority of the members present and voting chapter iv national examination14 (1) there shall be a uniform national eligibility-cum-entrance test for admission to the undergraduate and postgraduate super-speciality medical education in all medical institutions which are governed by the provisions of this act:5national eligibilitycum-entrance testprovided that the uniform national eligibility-cum-entrance test for admission to the undergraduate medical education shall also be applicable to all medical institutions governed under any other law for the time being in force10(2) the commission shall conduct the national eligibility-cum-entrance test in english and in such other languages, through such designated authority and in such manner, as may be specified by regulations15(3) the commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to undergraduate and postgraduate super-speciality seats in all the medical institutions which are governed by the provisions of this act:provided that the designated authority of the central government shall conduct the common counselling for all india seats and the designated authority of the state government shall conduct the common counselling for the seats at the state levelnational exit test2015 (1) a common final year undergraduate medical examination, to be known as the national exit test shall be held for granting licence to practice medicine as medical practitioners and for enrolment in the state register or the national register, as the case may be(2) the commission shall conduct the national exit test through such designated authority and in such manner as may be specified by regulations25(3) the national exit test shall become operational on such date, within three years from the date of commencement of this act, as may be appointed by the central government, by notification30(4) any person with a foreign medical qualification shall have to qualify national exit test for the purpose of obtaining licence to practice medicine as medical practitioner and for enrolment in the state register or the national register, as the case may be, in such manner as may be specified by regulations(5) the national exit test shall be the basis for admission to the postgraduate broad-speciality medical education in medical institutions which are governed under the provisions of this act or under any other law for the time being in force and shall be done in such manner as may be specified by regulations35(6) the commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to the postgraduate broad-speciality seats in the medical institutions referred to in sub-section (5):40provided that the designated authority of the central government shall conduct the common counselling for all india seats and the designated authority of the state government shall conduct the common counselling for the seats at the state level chapter v autonomous boards4516 (1) the central government shall, by notification, constitute the following autonomous boards, under the overall supervision of the commission, to perform the functions assigned to such boards under this act, namely:—constitution of autonomous boards(a) the under-graduate medical education board; (b) the post-graduate medical education board; (c) the medical assessment and rating board; and (d) the ethics and medical registration board5(2) each board referred to in sub-section (1) shall be an autonomous body which shall carry out its functions under this act subject to the regulations made by the commission17 (1) each autonomous board shall consist of a president and two whole-time members and two part-time memberscomposition of autonomous boards1015(2) the president of each autonomous board, three members (including one part-time member) of the under-graduate medical education board and the post-graduate medical education board, and two members (including one part-time member) each of the medical assessment and rating board and the ethics and medical registration board shall be persons of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of medical sciences from any university and having experience of not less than fifteen years in such field, out of which at least seven years shall be as a leader in the area of medical education, public health, community medicine or health research20(3) the third member of the medical assessment and rating board shall be a person of outstanding ability and integrity, possessing a postgraduate degree in any of the disciplines of management, quality assurance, law or science and technology from any university, having not less than fifteen years' experience in such field, out of which at least seven years shall be as a leader25(4) the third member of the ethics and medical registration board shall be a person of outstanding ability who has demonstrated public record of work on medical ethics or a person of outstanding ability possessing a postgraduate degree in any of the disciplines of quality assurance, public health, law or patient advocacy from any university and having not less than fifteen years' experience in such field, out of which at least seven years shall be as a leader30(5) the fourth member of each autonomous boards, being a part-time member, shall be chosen from amongst the elected members of the state medical council in such manner as may be prescribed18 the central government shall appoint the president and members of the autonomous boards, except members referred to in sub-section (5) of section 17, on the recommendations made by the search committee constituted under section 5 in accordance with the procedure specified in that section35search committee for appointment of president and members term of office and conditions of service of president and members40 45 5019 (1) the president and members (other than part-time members) of each autonomous board shall hold the office for a term not exceeding four years and shall not be eligible for any extension or re-appointment:provided that part-time members of each autonomous board shall hold the office for a term of two years:provided further that a member shall cease to hold office after attaining the age of seventy years(2) the salaries and allowances payable to, and other terms and conditions of service of the president and members (other than part-time members) of an autonomous board shall be such as may be prescribed:provided that part-time members of each autonomous board shall be entitled for such allwances as may be prescribed(3) the provisions of sub-sections (3), (5), (6), (7) and (8) of section 6 relating to other terms and conditions of service of, and section 7 relating to removal from the office of, the chairperson and members of the commission shall also be applicable to the president and members of the autonomous boardsadvisory committees of experts20 (1) each autonomous board, except the ethics and medical registration board, shall be assisted by such advisory committees of experts as may be constituted by the commission for the efficient discharge of the functions of such boards under this act5(2) the ethics and medical registration board shall be assisted by such ethics committees of experts as may be constituted by the commission for the efficient discharge of the functions of that board under this actstaff of autonomous boards21 the experts, professionals, officers and other employees appointed under section 8 shall be made available to the autonomous boards in such number, and in such manner, as may be specified by regulations by the commission1022 (1) every autonomous board shall meet at least once a month at such time and place as it may appointmeetings, etc, of autonomous boards(2) all decisions of the autonomous boards shall be made by majority of votes of the president and members15(3) subject to the provision of section 28, a person who is aggrieved by any decision of an autonomous board may prefer an appeal to the commission against such decision within sixty days of the communication of such decision2023 (1) the president of each autonomous board shall have such administrative and financial powers as may be delegated to it by the commission to enable such board to function efficientlypowers of autonomous boards and delegation of powers(2) the president of an autonomous board may further delegate any of his powers to a member or an officer of that board24 (1) the under-graduate medical education board shall perform the following functions, namely:—25| ( | a | ) determine standards of medical education at undergraduate level and ||----------------------------------------------------------|-----|-------------------------------------------------------------------------|| oversee all aspects relating thereto; | | || powers and | | || functions of | | || under- | | || graduate | | || medical | | || education | | || board | | || ( | b | ) develop competency based dynamic curriculum at undergraduate level || in accordance with the regulations made under this act; | | |30(c) develop competency based dynamic curriculum for addressing the needsof primary health services, community medicine and family medicine to ensure healthcare in such areas, in accordance with the provisions of the regulations made under this act;(d) frame guidelines for setting up of medical institutions for imparting undergraduate courses, having regard to the needs of the country and the global norms, in accordance with the provisions of the regulations made under this act;35(e) determine the minimum requirements and standards for conductingcourses and examinations for undergraduates in medical institutions, having regard to the needs of creativity at local levels, including designing of some courses by individual institutions, in accordance with provisions of the regulations made under this act;40(f) determine standards and norms for infrastructure, faculty and quality of education in medical institutions providing undergraduate medical education in accordance with provisions of the regulations made under this act;(g) facilitate development and training of faculty members teachingundergraduate courses;45(h) facilitate research and the international student and faculty exchange programmes relating to undergraduate medical education;50(i) specify norms for compulsory annual disclosures, electronically or otherwise, by medical institutions, in respect of their functions that has a bearing on the interest of all stakeholders including students, faculty, the commission and the central government;(j) grant recognition to a medical qualification at the undergraduate level(2) the under-graduate medical education board may, in the discharge of its duties, make such recommendations to, and seek such directions from, the commission, as it deems necessary525 (1) the post-graduate medical education board shall perform the following functions, namely:—powers and functions of post-graduate medical education board(a) determine the standards of medical education at the postgraduate leveland super-speciality level in accordance with the regulations made under this act and oversee all aspects relating thereto;10(b) develop competency based dynamic curriculum at postgraduate leveland super-speciality level in accordance with the regulations made under this act, with a view to develop appropriate skill, knowledge, attitude, values and ethics among postgraduates and super-specialists to provide healthcare, impart medical education and conduct medical research;15(c) frame guidelines for setting up of medical institutions for impartingpostgraduate and super-speciality courses, having regard to the needs of the country and global norms, in accordance with the regulations made under this act;20(d) determine the minimum requirements and standards for conductingpostgraduate and super-speciality courses and examinations in medical institution, in accordance with the regulations made under this act;(e) determine standards and norms for infrastructure, faculty and quality ofeducation in medical institutions conducting postgraduate and super-speciality medical education, in accordance with the regulations made under this act;25(f) facilitate development and training of the faculty members teachingpostgraduate and super-speciality courses;(g) facilitate research and the international student and faculty exchangeprogrammes relating to postgraduate and super-speciality medical education;30(h) specify norms for compulsory annual disclosure, electronically orotherwise, by medical institutions in respect of their functions that has a bearing on the interest of all stakeholders including students, faculty, the commissionand the central government;(i) grant recognition to the medical qualifications at the postgraduate leveland super-speciality level;(j) promote and facilitate postgraduate courses in family medicine35(2) the post-graduate medical education board may, in the discharge of its functions, make such recommendations to, and seek such directions from, the commission, as it deems necessary4026 (1) the medical assessment and rating board shall perform the following functions, namely:—powers and functions of medical assessment and rating board45 50(a) determine the procedure for assessing and rating the medical institutions for their compliance with the standards laid down by the under-graduate medical education board or the post-graduate medical education board, as the case may be, in accordance with the regulations made under this act;(b) grant permission for establishment of a new medical institution, or to start any postgraduate course or to increase number of seats, in accordance with the provisions of section 28;(c) carry out inspections of medical institutions for assessing and rating such institutions in accordance with the regulations made under this act:provided that the medical assessment and rating board may, if it deems necessary, hire and authorise any other third party agency or persons for carrying out inspections of medical institutions for assessing and rating such institutions:provided further that where inspection of medical institutions is carried out by such third party agency or persons authorised by the medical assessment and rating board, it shall be obligatory on such institutions to provide access to such agency or person;5(d) conduct, or where it deems necessary, empanel independent ratingagencies to conduct, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by the regulations;10(e) make available on its website or in public domain the assessment andratings of medical institutions at regular intervals in accordance with the regulations made under this act;15(f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the commission for withdrawal of recognition, against a medical institution for failure to maintain the minimum essential standards specified by the under-graduate medical education board or the post-graduate medical education board, as the case may be, in accordance with the regulations made under this act20(2) the medical assessment and rating board may, in the discharge of its functions, make such recommendations to, and seek such directions from, the commission, as it deems necessary27 (1) the ethics and medical registration board shall perform the following functions, namely:—(a) maintain national registers of all licensed medical practitioners in accordance with the provisions of section 31;powers and functions of ethics and medical registration board25(b) regulate professional conduct and promote medical ethics in accordancewith the regulations made under this act:30provided that the ethics and medical registration board shall ensure compliance of the code of professional and ethical conduct through the state medical council in a case where such state medical council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by medical practitioners under respective state acts;(c) develop mechanisms to have continuous interaction with state medical councils to effectively promote and regulate the conduct of medical practitioners and professionals;35(d) exercise appellate jurisdiction with respect to the actions taken by astate medical council under section 30(2) the ethics and medical registration board may, in the discharge of its duties, make such recommendations to, and seek such directions from, the commission, as it deems necessary4028 (1) no person shall establish a new medical college or start any postgraduate course or increase number of seats without obtaining prior permission of the medical assessment and rating boardpermission for establishment of new medical college45(2) for the purposes of obtaining permission under sub-section (1), a person maysubmit a scheme to the medical assessment and rating board in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by the regulations50(3) the medical assessment and rating board shall, having due regard to the criteria specified in section 29, consider the scheme received under sub-section (2) and either approve or disapprove such scheme within a period of six months from the date of such receipt: provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned(4) where a scheme is approved under sub-section (3), such approval shall be the permission under sub-section (1) to establish new medical college5(5) where a scheme is disapproved under sub-section (3), or where no decision is taken within six months of submitting a scheme under sub-section (1), the person concerned may prefer an appeal to the commission for approval of the scheme within fifteen days of such disapproval or, as the case may be, lapse of six months, in such manner as may be specified by the regulations1015(6) the commission shall decide the appeal received under sub-section (5) within a period of forty-five days from the date of receipt of the appeal and in case the commission approves the scheme, such approval shall be the permission under sub-section (1) to establish a new medical college and in case the commission disapproves the scheme, or fails to give its decision within the specified period, the person concerned may prefer a second appeal to the central government within thirty days of communication of such disapproval or, as the case may be, lapse of specified period20(7) the medical assessment and rating board may conduct evaluation and assessment of any university or medical institution at any time, either directly or through any other expert having integrity and experience of medical profession and without any prior notice and assess and evaluate the performance, standards and benchmarks of such medical institution25explanation—for the purposes of this section, the term "person" includes a university, trust or any other association of persons or body of individuals, but does not include the central government29 while approving or disapproving a scheme under section 28, the medical assessment and rating board, or the commission, as the case may be, shall take into consideration the following criteria, namely:—criteria for approving or disapproving scheme(a) adequacy of financial resources;30(b) whether adequate academic faculty and other necessary facilities have been provided to ensure proper functioning of medical college or would be provided within the time-limit specified in the scheme;(c) whether adequate hospital facilities have been provided or would be provided within the time-limit specified in the scheme;35(d) such other factors as may be prescribed: provided that, subject to the previous approval of the central government, the criteria may be relaxed for the medical colleges which are set up in such areas as may be specified by the regulationsstate medical councils4030 (1) the state government shall, within three years of the commencement ofthis act, take necessary steps to establish a state medical council if no such council exists in that state45(2) where a state act confers power upon the state medical council to take disciplinary actions in respect of any professional or ethical misconduct by a registered medical practitioner or professional, the state medical council shall act in accordance with the regulations made, and the guidelines framed, under this act: provided that till such time as a state medical council is established in a state, the ethics and medical registration board shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered medical practitioner or professional in that state in accordance with such procedure as may be specified by the regulations:5provided further that the ethics and medical registration board or, as the case may be, the state medical council shall give an opportunity of hearing to the medical practitioner or professional concerned before taking any action, including imposition of any monetary penalty against such person10(3) a medical practitioner or professional who is aggrieved by any action taken by a state medical council under sub-section (2) may prefer an appeal to the ethics and medical registration board against such action, and the decision, if any, of the ethics and medical registration board thereupon shall be binding on the state medical council, unless a second appeal is preferred under sub-section (4)15(4) a medical practitioner or professional who is aggrieved by the decision of the ethics and medical registration board may prefer an appeal to the commission within sixty days of communication of such decisionexplanation—for the purposes of this act,—(a) "state" includes union territory and the expressions "state government"and "state medical council", in relation to a union territory, shall respectively mean the "central government" and "union territory medical council";20(b) the expression "professional or ethical misconduct" includes any act ofcommission or omission as may be specified by the regulationsnational register and state register2531 (1) the ethics and medical registration board shall maintain a national register containing the name, address, all recognised qualifications possessed by a licensed medical practitioner and such other particulars as may be specified by the regulations(2) the national register shall be maintained in such form, including electronic form, in such manner, as may be specified by the regulations(3) the manner in which a name or qualification may be added to, or removed from, the national register and the grounds for removal thereof, shall be such as may be specified by the regulations301 of 1872(4) the national register shall be a public document within the meaning of section 74 of the indian evidence act, 1872(5) the national register shall be made available to the public by placing it on the website of the ethics and medical registration board35(6) every state medical council shall maintain and regularly update the stateregister in the specified electronic format and supply a physical copy of the same to the ethics and medical registration board within three months of the commencement of this act40(7) the ethics and medical registration board shall ensure electronicsynchronisation of the national register and the state register in such a manner that any change in one register is automatically reflected in the other register(8) the ethics and medical registration board shall maintain a separate national register in such form, containing such particulars, including the name, address and all recognised qualifications possessed by a community health provider referred to in section 32 in such manner as may be specified by the regulations45community health provider32 (1) the commission may grant limited licence to practice medicine at mid-level as community health provider to such person connected with modern scientific medical profession who qualify such criteria as may be specified by the regulations:5provided that the number of limited licence to be granted under this sub-section shall not exceed one-third of the total number of licenced medical practitioners registered under sub-section (1) of section 3110(2) the community health provider who are granted limited licences under sub-section (1), may practice medicine to such extent, in such circumstances and for such period, as may be specified by the regulations(3) the community health provider may prescribe specified medicine independently, only in primary and preventive healthcare, but in cases other than primary and preventive healthcare, he may prescribe medicine only under the supervision of medical practitioners registered under sub-section (1) of section 321533 (1) any person who qualifies the national exit test held under section 15shall be granted a licence to practice medicine and shall have his name and qualifications enrolled in the national register or a state register, as the case may be:102 of 195620provided that a person who has been registered in the indian medical register maintained under the indian medical council act, 1956 prior to the coming into force of this act and before the national exit test becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this act and be enrolled in the national register maintained under this actrights of persons to have licence to practice and to be enrolled in national register or state register and their obligations thereto25(2) no person who has obtained medical qualification from a medical institution established in any country outside india and is recognised as a medical practitioner in that country, shall, after the commencement of this act and the national exit test becomes operational under sub-section (3) of section 15, be enrolled in the national register unless he qualifies the national exit test30(3) when a person whose name is entered in the state register or the national register, as the case may be, obtains any title, diploma or other qualification for proficiency in sciences or public health or medicine which is a recognised medical qualification under section 34 or section 35, as the case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the state register or the national register, as the case may be, in such manner as may be specified by the regulations35bar to practice34 (1) no person other than a person who is enrolled in the state register or the national register, as the case may be, shall—(a) be allowed to practice medicine as a qualified medical practitioner; (b) hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon;40(c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;1 of 187245(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the indian evidence act, 1872 on any matter relating to medicine: provided that the commission shall submit a list of such medical professionals to the central government in such manner as may be prescribed:50 provided further that a foreign citizen who is enrolled in his country as a medical practitioner in accordance with the law regulating the registration of medical practitioners in that country may be permitted temporary registration in india for such period and in such manner as may be specified by the regulations(2) any person who contravenes any of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees or with both chapter vi5 recognition of medical qualifications1035 (1) the medical qualification granted by any university or medical institution in india shall be listed and maintained by the under-graduate medical education board or the post-graduate medical education board, as the case may be, in such manner as may be specified by the regulations and such medical qualification shall be a recognised medical qualification for the purposes of this actrecognition of medical qualifications granted by universities or medical institutions in india15(2) any university or medical institution in india which grants an undergraduate or postgraduate or super-speciality medical qualification not included in the list maintained by the under-graduate medical education board or the post-graduate medical education board, as the case may be, may apply to that board for granting recognition to such qualification(3) the under-graduate medical education board or the post-graduate medical education board, as the case may be, shall examine the application for grant of recognition to a medical qualification within a period of six months in such manner as may be specified by the regulations20(4) where the under-graduate medical education board or the post-graduate medical education board, as the case may be, decides to grant recognition to a medical qualification, it shall include such medical qualification in the list maintained by it and also specify the date of effect of such recognition25(5) where the under-graduate medical education board or the post-graduate medical education board, as the case may be, decides not to grant recognition to a medical qualification, the university or the medical institution concerned may prefer an appeal to the commission for grant of recognition within sixty days of the communication of such decision, in such manner as may be specified by the regulations30(6) the commission shall examine the appeal received under sub-section (5)within a period of two months and if it decides that recognition may be granted to such medical qualification, it may direct the under-graduate medical education board or the post-graduate medical education board, as the case may be, to include such medical qualification in the list maintained by that board, in such manner as may be specified by the regulations35(7) where the commission decides not to grant recognition to the medicalqualification, or fails to take a decision within the specified period, the university or the medical institution concerned may prefer a second appeal to the central government within thirty days of the communication of such decision or lapse of specified period, as the case may be40102 of 1956(8) all medical qualifications which have been recognised before the date ofcommencement of this act and are included in the first schedule and part i of the third schedule to the indian medical council act, 1956, shall also be recognised medical qualifications for the purposes of this act, and shall be listed and maintained by the under-graduate medical education board or the post-graduate medical education board, as the case may be, in such manner as may be specified by the regulations45 5036 (1) where an authority in any country outside india, which by the law of thatcountry is entrusted with the recognition of medical qualifications in that country, makes an application to the commission for granting recognition to such medical qualification in india, the commission may, subject to such verification as it may deem necessary, either grant or refuse to grant recognition to that medical qualification:recognition of medical qualifications granted by medical institutions outside india provided that the commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition5(2) a medical qualification which is granted recognition by the commission under sub-section (1) shall be a recognised medical qualification for the purposes of this act, and such qualification shall be listed and maintained by the commission in such manner as may be specified by the regulations(3) where the commission refuses to grant recognition to the medical qualification under sub-section (1), the authority concerned may prefer an appeal to the central government against such decision within thirty days of communication thereof10102 of 1956(4) all medical qualifications which have been recognised before the date of commencement of this act and are included in the second schedule and part ii of the third schedule to the indian medical council act, 1956, shall also be recognised medical qualifications for the purposes of this act, and shall be listed and maintained by the commission in such manner as may be specified by the regulations1537 (1) the medical qualifications granted by any statutory or other body in india which are covered by the categories listed in the schedule shall be recognised medical qualifications for the purposes of this actrecognition of medical qualifications granted by statutory or other body in india20(2) the diplomate of national board in broad-speciality qualifications and superspeciality qualifications when granted in a medical institution with attached hospital or in a hospital with the strength of five hundred or more beds, by the national board of examinations, shall be equivalent in all respects to the corresponding postgraduate qualification and the super-speciality qualification granted under this act, but in all other cases, senior residency in a medical college for an additional period of one year shall be required for such qualification to be equivalent25(3) the central government may, on the recommendation of the commission, and having regard to the objects of this act, by notification, add to, or, as the case may be, omit from, the schedule any categories of medical qualifications granted by a statutory or other body in india and on such addition, or as the case may be, omission, the medical qualifications granted by such statutory or other body in india shall be, or shall cease to be, recognised medical qualifications for the purposes of this act3038 (1) where, upon receiving a report from the medical assessment and rating board under section 26, or otherwise, if the commission is of the opinion that—35withdrawal of recognition granted to medical qualification granted by medical institutions in india(a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a university or medical institution do not conform to the standards specified by the under-graduate medical education board or the post-graduate medical education board, as the case may be; or40(b) the standards and norms for infrastructure, faculty and quality of education in medical institution as determined by the under-graduate medical education board or the post-graduate medical education board, as the case may be, are not adhered to by any university or medical institution, and such university or medical institution has failed to take necessary corrective action to maintain specified minimum standards, the commission may initiate action in accordance with the provisions of sub-section (2):45provided that the commission shall, before taking any action for suo motu withdrawal of recognition granted to the medical qualification awarded by a university or medical institution, impose penalty in accordance with the provisions of clause (f) of sub-section (1) of section 2650(2) the commission shall, after making such further inquiry as it deems fit, and after holding consultations with the concerned state government and the authority of5the concerned university or medical institution, comes to the conclusion that the recognition granted to a medical qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct the under-graduate medical education board or the post-graduate medical education board, as the case may be, to amend the entries against the university or medical institution concerned in the list maintained by that board to the effect that the recognition granted to such medical qualification is withdrawn with effect from the date specified in that order1039 where, after verification with the authority in any country outside india, thecommission is of the opinion that a recognised medical qualification which is included in the list maintained by it is to be derecognised, it may, by order, derecognise such medical qualification and remove it from the list maintained by the commission with effect from the date of such orderderecognition of medical qualifications granted by medical institutions outside india1540 where the commission deems it necessary, it may, by an order published in the official gazette, direct that any medical qualification granted by a medical institution in a country outside india, after such date as may be specified in that notification, shall be a recognised medical qualification for the purposes of this act:special provision in certain cases for recognition of medical qualificationsprovided that medical practice by a person possessing such qualification shall be permitted only if such person qualifies national exit test20 chapter vii grants, audit and accountsgrants by central government41 the central government may, after due appropriation made by parliament by law in this behalf, make to the commission grants of such sums of money as the central government may think fit2542 (1) there shall be constituted a fund to be called "the national medical commission fund" which shall form part of the public account of india and there shall be credited thereto—national medical commission fund(a) all government grants, fees, penalties and charges received by thecommission and the autonomous boards;30(b) all sums received by the commission from such other sources as may bedecided by it(2) the fund shall be applied for making payment towards—35(a) the salaries and allowances payable to the chairperson and members ofthe commission, the presidents and members of the autonomous boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the commission and autonomous boards;(b) the expenses incurred in carrying out the provisions of this act, includingin connection with the discharge of the functions of the commission and the autonomous boards40audit and accounts43 (1) the commission shall maintain proper accounts and other relevant recordsand prepare an annual statement of accounts in such form as may be prescribed, in consultation with the comptroller and auditor-general of india45(2) the accounts of the commission shall be audited by the comptroller andauditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditor-general of india5(3) the comptroller and auditor-general of india and any other persons appointed by him in connection with the audit of the accounts of the commission shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documents and papers and to inspect the office of the commission10(4) the accounts of the commission as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually by the commission to the central government which shall cause the same to be laid, as soon as may be after it is received, before each house of parliament15furnishing of returns and reports to central government44 (1) the commission shall furnish to the central government, at such time, in such form and in such manner, as may be prescribed or as the central government may direct, such reports and statements, containing such particulars in regard to any matter under the jurisdiction of the commission, as the central government may, from time to time, require20(2) the commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government(3) a copy of the report received under sub-section (2) shall be laid by the central government, as soon as may be after it is received, before each house of parliament chapter viii miscellaneous2545 (1) without prejudice to the foregoing provisions of this act, the commission and the autonomous boards shall, in exercise of their powers and discharge of their functions under this act, be bound by such directions on questions of policy as the central government may give in writing to them from time to time:30power of central government to give directions to commission and autonomous boardsprovided that the commission and the autonomous boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section(2) the decision of the central government whether a question is one of policy or not shall be final3546 the central government may give such directions, as it may deem necessary, to a state government for carrying out all or any of the provisions of this act and the state government shall comply with such directionspower of central government to give directions to state governments47 (1) the commission shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the central government as that government may require40information to be furnished by commission and publication thereof(2) the central government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1)4548 every university and medical institution governed under this act shall maintain a website at all times and display on its website all such information as may be required by the commission or an autonomous board, as the case may beobligation of universities and medical institutionscompletion of courses of studies in medical institutions549 (1) notwithstanding anything contained in this act, any student who was studying for a degree, diploma or certificate in any medical institution immediately before the commencement of this act shall continue to so study and complete his course for such degree, diploma or certificate, and such institution shall continue to provide instructions and examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this act and shall be awarded degree, diploma or certificate under this act10(2) notwithstanding anything contained in this act, where recognition granted to a medical institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such medical institution shall continue to maintain and provide the minimum standards required to be provided under this act till such time as all candidates who are admitted in that medical institution complete their study1550 (1) there shall be a joint sitting of the commission, the central council of homoeopathy and the central council of indian medicine at least once a year, at such time and place as they mutually appoint, to enhance the interface between homoeopathy, indian systems of medicine and modern systems of medicine20(2) the agenda for the joint sitting may be prepared with mutual agreement between the chairpersons of the commission, the central council of homoeopathy and the central council of indian medicine or be prepared separately by each of themjoint sittings of commission, central councils of homoeopathy and indian medicine to enhance interface between their respective systems of medicine(3)the joint sitting referred to in sub-section (1) may, by an affirmative vote of all members present and voting, decide on approving specific educational modules or programmes that may be introduced in the undergraduate course and the postgraduate course across medical systems and promote medical pluralism2551 every state government may, for the purposes of addressing or promoting primary healthcare in rural area, take necessary measures to enhance the capacity of the healthcare professionalsstate government to promote primary healthcare in rural areas3045 of 186052the chairperson, members, officers and other employees of the commission and the president, members and officers and other employees of the autonomous boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal codechairperson, members, officers of commission and of autonomous boards to be public servantsprotection of action taken in good faith3553 no suit, prosecution or other legal proceeding shall lie against the government, the commission or any autonomous board or a state medical council or any committee thereof, or any officer or other employee of the government or of the commission acting under this act for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereundercognizance of offences4054 no court shall take cognizance of an offence punishable under this act except upon a complaint in writing made in this behalf by an officer authorised by the commission or the ethics and medical registration board or a state medical council, as the case may be55 (1) if, at any time, the central government is of opinion that—(a) the commission is unable to discharge the functions and duties imposed on it by or under the provisions of this act; orpower of central government to supersede commission45 (b) the commission has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act, the central government may, by notification, supersede the commission for such period, not exceeding six months, as may be specified in the notification:5provided that before issuing a notification under this sub-section, the central government shall give a reasonable opportunity to the commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the commission10(2) upon the publication of a notification under sub-section (1) superseding the commission,—(a) all the members shall, as from the date of supersession, vacate their offices as such;15(b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the commission, shall, until the commission is re-constituted under sub-section (3), be exercised and discharged by such person or persons as the central government may direct;20(c) all property owned or controlled by the commission shall, until the commission is re-constituted under sub-section (3), vest in the central government (3) on the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government may,— (a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or25(b) re-constitute the commission by fresh appointment and in such case the members who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: provided that the central government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section30(4) the central government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both houses of parliament at the earliest opportunity35power to make rules56 (1) the central government may, by notification, make rules to carry out the purposes of this act(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—40(a) the manner of appointing six members of the commission on rotational basis from amongst the nominees of the states and union territories in the medical advisory council under clause (b) of sub-section (4) of section 4;(b) the manner of appointing five members of the commission under clause (c) of sub-section (4) of section 4;45(c) the manner of nominating one expert by the central government under clause (d) of sub-section (1) of section 5;(d) the salary and allowances payable to, and other terms and conditions ofservice of the chairperson and members under sub-section (4) of section 6;(e) the form and the manner of making declaration under sub-section (6) ofsection 6;5(f) the qualifications and experience to be possessed by the secretary of thecommission under sub-section (2) of section 8;(g) the salaries and allowances payable to, and other terms and conditionsof service of the secretary, officers and other employees of the commission under sub-section (6) of section 8;10(h) the other powers and functions of the commission under clause (j) ofsub-section (1) of section 10;(i) the medical qualification and experience to be possessed by a memberunder the second proviso to section 11;15(j) the manner of choosing part-time members under sub-section (5) ofsection 17;(k) the salary and allowances payable to, and other terms and conditions ofservice of the president and members of an autonomous board under sub-section (2), and the allowances payable to part-time members under the proviso thereunder, of section 19;20(l) the other factors under clause (d) of section 29;(m) the manner of submitting a list of medical professionals under thesecond proviso to sub-section (1) of section 33;(n) the form for preparing annual statement of accounts undersub-section (1) of section 42;25(o) the time within which, and the form and the manner in which, the reportsand statements shall be furnished by the commission and the particulars with regard to any matter as may be required by the central government under sub-section (1) of section 43;30(p) the form and the time for preparing annual report under sub-section (2)of section 43;(q) any other matter in respect of which provision is to be made by rulespower to make regulations57 (1) the commission may, after previous publication, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act35(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the functions to be discharged by the secretary of the commissionunder sub-section (4) of section 8;40(b) the procedure in accordance with which experts and professionals maybe engaged and the number of such experts and professionals under sub-section (7) of section 8;(c) the procedure to be followed at the meetings of commission,including the quorum at its meetings under sub-section (3) of section 9;(d) the quality and standards to be maintained in medical education underclause (a) of sub-section (1) of section 10;45(e) the manner of regulating medical institutions, medical researches andmedical professionals under clause (b) of sub-section (1) of section 10;(f) the manner of functioning of the commission, the autonomous boards and the state medical councils under clause (d) of sub-section (1) of section 10;5(g) the procedure to be followed at the meetings of the medical advisory council, including the quorum at its meetings under sub-section (3) of section 13;(h) the other languages in which and the manner in which the national eligibility-cum-entrance test shall be conducted under sub-section (2) of section 14;10(i) the manner of conducting common counselling by the designated authority for admission to the undergraduate and postgraduate super-speciality medical education under sub-section (3) of section 14;(j) the designated authority, and the manner for conducting the national exit test under sub-section (2) of section 15;(k) the manner in which a person with foreign medical qualification shall qualify national exit test under sub-section (4) of section 15;15(l) the manner in which admission to the postgraduate broad-speciality medical education shall be made on the basis of national exit test under sub-section (6) of section 15;20(m) the manner of conducting common counselling by the designated authority for admission to the postgraduate broad-speciality medical education under sub-section (7) of section 15;(n) the number of, and the manner in which, the experts, professionals, officers and other employees shall be made available by the commission to the autonomous boards under section 21;25(o) the curriculum at undergraduate level under clause (b) of sub-section (1)of section 24;(p) the curriculum for primary medicine, community medicine and family medicine under clause (c) of sub-section (1) of section 24;30(q) the manner of imparting undergraduate courses by medical institutions under clause (d) of sub-section (1) of section 24;(r) the minimum requirements and standards for conducting courses and examinations for undergraduates in medical institutions under clause (e) of sub-section (1) of section 24;35(s) the standards and norms for infrastructure, faculty and quality of education at undergraduate level in medical institutions under clause (f) of sub-section (1) of section 24;(t) the standards of medical education at the postgraduate level and superspeciality level under clause (a) of sub-section (1) of section 25;(u) the curriculum at postgraduate level and super-speciality level under clause (b) of sub-section (1) of section 25;(v) the manner of imparting postgraduate and super-speciality courses by medical institutions under clause (c) of sub-section (1) of section 25;(w) the minimum requirements and standards for conducting postgraduate and super-speciality courses and examinations in medical institutions under clause (d) of sub-section (1) of section 25;(x) the standards and norms for infrastructure, faculty and quality of education in medical institutions conducting postgraduate and super-speciality medical education under clause (e) of sub-section (1) of section 25;(y) the procedure for assessing and rating the medical institutions under clause (a) of sub-section (1) of section 26;5(z) the manner of carrying out inspections of medical institutions for assessing and rating such institutions under clause (c) of sub-section (1) of section 26;10(za) the manner of conducting, and the manner of empanelling independentrating agencies to conduct, assessment and rating of medical institutions under clause (d) of sub-section (1) of section 26;(zb) the manner of making available on website or in public domain theassessment and ratings of medical institutions under clause (e) of sub-section (1)of section 26;15(zc) the measures to be taken against a medical institution for its failure tomaintain the minimum essential standards under clause (f) of sub-section (1) of section 26;(zd) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27;20(ze) the form of scheme, the particulars thereof, the fee to be accompaniedand the manner of submitting scheme for establishing a new medical college or for starting any postgraduate course or for increasing number of seats under sub-section (2) of section 28;25(zf) the manner of making an application to the commission for approval ofthe scheme under sub-section (5) of section 28;(zg) the areas in respect of which criteria may be relaxed under the proviso to section 29;30(zh) the manner of taking disciplinary action by a state medical council forprofessional or ethical misconduct of registered medical practitioner or professional and the procedure for receiving complaints and grievances by ethics and medical registration board, under sub-section (2) of section 30;(zi) the act of commission or omission which amounts to professional orethical misconduct under clause (b) of the explanation to section 30;35(zj) other particulars to be contained in a national register undersub-section (1) of section 31;(zk) the form, including the electronic form and the manner of maintainingthe national register under sub-section (2) of section 31;(zl) the manner in which any name or qualification may be added to, or removed from, the national register and the grounds for removal thereof, under sub-section (3) of section 31;40(zm) the form and manner in which the national register for registering community health provider is to be maintained under sub-section (8) of section 31;(zn) the criteria for granting limited licence to practice medicine under sub-section (1) of section 32;45(zo) the extent, the circumstances and the period under sub-section (2) of section 32;(zp) the manner of listing and maintaining medical qualifications granted by a university or medical institution in india under sub-section (1) of section 35;(zq) the manner of examining the application for grant of recognition under sub-section (3) of section 35;5(zr) the manner of preferring an appeal to the commission for grant of recognition under sub-section (5) of section 35;(zs) the manner of including a medical qualification in the list maintained by the board under sub-section (6) of section 35;10(zt) the manner of listing and maintaining medical qualifications which have been granted recognition before the date of commencement of this act under sub-section (8) of section 35rules and regulations to be laid before parliament152058 every rule and every regulation made, and every notification issued, under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or notification; both houses agree that the rule or regulation or notification should not be made, the rule or regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notificationpower to remove difficulties2559 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary, for removing the difficulty:provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act30(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentrepeal and saving102 of 195660 (1) with effect from such date as the central government may appoint in this behalf, the indian medical council act, 1956 shall stand repealed and the medical council of india constituted under sub-section (1) of section 3 of the said act shall stand dissolved35(2) notwithstanding the repeal of the act referred to in sub-section (1), it shall not affect,—(a) the previous operation of the act so repealed or anything duly done or suffered thereunder; or40(b) any right, privilege, obligation or liability acquired, accrued or incurred under the act so repealed; or(c) any penalty incurred in respect of any contravention under the act so repealed; or45(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that act had not been repealed (3) on the dissolution of the medical council of india, the person appointed as the chairman of the medical council of india and every other person appointed as the member and any officer and other employee of that council and holding office as such immediately before such dissolution shall vacate their respective offices and such chairman and other members shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service:5provided that any officer or other employee who has been, immediately before the dissolution of the medical council of india appointed on deputation basis to the medical council of india, shall, on such dissolution, stand reverted to his parent cadre, ministry or department, as the case may be:10 provided further that any officer or other employee who has been, immediatelybefore the dissolution of the medical council of india, employed on regular or contractual basis by the medical council of india, shall, on and from such dissolution, cease to be the officer or employee of the medical council of india and his employment in the medical council of india stand terminated with immediate effect:15provided also that such officer or employee of the medical council of india shallbe entitled to such compensation for the premature termination of his employment, which shall not be less than three months' pay and allowances, as may be prescribed20102 of 195625(4) notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical college or to start higher course of studies or for increase in the admission capacity granted, any recognition of medical qualifications granted, under the indian medical council act, 1956, which are in force as on the date of commencement of this act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this act or the rules or regulations made thereundertransitory provisions61 (1) the commission shall be the successor in interest to the medical council of india including its subsidiaries or owned trusts and all the assets and liabilities of the medical council of india shall be deemed to have been transferred to the commission102 of 195630(2) notwithstanding the repeal of the indian medical council act, 1956, theeducational standards, requirements and other provisions of the indian medical council act, 1956 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this act or the rules and regulations made thereunder:35 provided that anything done or any action taken as regards the educationalstandards and requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provisions of this act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this act the schedule [see section 37] list of categories of medical qualifications granted by statutory body or other body in indiasl no categories of medical qualifications1 all medical qualifications granted by the jawaharlal institute of postgraduate medicaleducation and research, puducherry2 all medical qualifications granted by all india institutes of medical sciences 3 all medical qualifications granted by the postgraduate institute of medical educationand research, chandigarh4 all medical qualifications granted by the national institute of mental health andneuro-sciences, bangalore5 all medical qualifications granted by the national board of examination statement of objects and reasonsmedical education is at the core of the access to quality healthcare in any country aflexible and well-functioning legislative framework underlying medical education is essential for the well-being of a nation the indian medical council act, 1956 which was enacted to provide a solid foundation for the growth of medical education in the early decades, has not kept pace with time various bottlenecks have crept into the system with serious detrimental effects on medical education and, by implication, on delivery of quality health services2 the department-related parliamentary standing committee on health and family welfare in its ninety-second report has offered a critical assessment of medical education in india the standing committee has recommended for a decisive and exemplary action to restructure and revamp the regulatory system of medical education and medical practice and to reform the medical council of india in accordance with the regulatory structure suggested by the group of experts, chaired by dr ranjit roy choudhary, which was constituted by the central government the standing committee endorsed separation of functions by forming four autonomous boards and recommended appointment of regulators through selection rather than election and to bring a new comprehensive bill in parliament for this purpose, as the existing provisions of indian medical council act, 1956 are outdated3 the hon'ble supreme court in its judgement dated 2nd may, 2016 in the civil appeal no 4060 of 2009 titled modern dental college and research centre and others versus state of madhya pradesh and others has directed the central government to consider and take appropriate action on the recommendations of the roy choudhary committee keeping in view of these recommendations, the national medical commission bill, 2017 was introduced in the lok sabha on 29th december, 2017 and subsequently referred to the department related parliamentary standing committee for examination and report the standing committee presented its 109th report on the said bill based on the recommendations of the department related parliamentary standing committee, the government had brought in necessary official amendments on 28th march, 2018 to the bill pending in loksabha however, the bill could not be taken up for consideration and passing during any of the subsequent sessions of the parliament and has lapsed on dissolution of the 16th lok sabha4 accordingly, it is proposed to introduce the national medical commission bill, 2019 which, inter alia, seeks to provide for—(a) constitution of a national medical commission for development and regulation of all aspects relating to medical education, medical profession and medical institutions and a medical advisory council to advise and make recommendations to the commission;(b) constitution of four autonomous boards, namely:—(i) the under-graduate medical education board to regulate medical education at undergraduate level and to determine standards thereof;(ii) the post-graduate medical education board to regulate medical education at postgraduate level and to determine standards thereof;(iii) the medical assessment and rating board to carry out inspections and to assess and rate the medical institutions; and(iv) the ethics and medical registration board to regulate professional conduct and promote medical ethics amongst medical practitioners and medical professionals and to maintain a national register of all licensed medical practitioners and a separate national register of community health providers; (c) holding of a uniform national eligibility-cum-entrance test for admission to undergraduate and postgraduate super-speciality medical education;(d) holding of a uniform national exit test for granting licence to practice medicine as medical practitioners and for enrolment in the state register or the national register and it shall also be the basis for admission to the postgraduate broad-speciality courses;(e) permission for establishment of new medical college, for starting postgraduate courses and to increase number of seats to be obtained by medical institutions;(f) recognition of medical qualifications granted by universities and medical institutions in india and outside india and also for recognition of medical qualifications granted by statutory and other bodies in india as listed in the schedule;(g) maintenance of a national register containing the name, address, recognised qualifications possessed by a licensed medical practitioner;(h) grant of limited licence to practice medicine at mid-level to persons connected with modern scientific medical profession to be called community health providers;(i) constitution of a national medical commission fund for crediting government grants, fees, penalties and charges;(j) the repeal of the indian medical council act, 1956 and for dissolution of the medical council of india by providing that on such dissolution,—(i) the chairman and other members of the said council shall be deemed to have vacated their respective offices and shall be entitled to compensation not exceeding three months' pay and allowances;(ii) the officers and employees appointed on deputation shall stand reverted to their parent cadre;(iii) the officers and other employees employed on regular or contractual basis by the said council shall cease to be the officers and employees of said council and shall be entitled to such compensation not less than three months' pay and allowances for the premature termination of employment as may be provided by rules5 the bill seeks to achieve the above objectivesnew delhi;harsh vardhanthe 18th july, 2019 ———— president's recommendation under article 117 of the constitution of india ————[letter no v11025/16/2016-mep dated 18 july, 2019 from dr harsh vardhan, minister of health and family welfare, science and technology and earth sciences to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed national medical commission bill, 2019, recommends to the house the introduction of the bill under article 117(1) of the constitution notes on clausesclause 1 provides for short title, extent and commencement of the proposed actclause 2 defines various terms and expressions used in the proposed actclause 3 provides for constitution of the national medical commission in the proposed actclause 4 provides for composition of the national medical commission and appointment and qualifications of its constituent members the commission shall be a twenty-five members body comprising of chairperson, ten ex-officio members and fourteen part-time members of the part time members, three shall be from diverse background, six shall be from the nominees of the states and union territories in medical advisory council and five shall be elected members of the state medical council in medical advisory councilclause 5 provides for composition of search committee for appointment of chairperson and members and secretary of commission under proposed act the committee shall be chaired by cabinet secretary and include three experts with experience in medical field and one from diverse background nominated by the central government one of the elected medical member in national medical commission shall also be a member of this committee secretary to the government of india in charge of the ministry of health and family welfare is the other membersclause 6 provides duration of office, salaries and allowances and other terms and conditions of service of chairperson and members of the commission they shall hold office for a term not exceeding four years and will not be eligible for extension or reappointmentclause 7 provides for removal of chairperson and members of commission clause 8 provides for appointments of secretary, experts, professionals, officers and other employees of the commissionclause 9 provides for meetings, its chairperson, quorum and other ancillary matters connected to meetings the commission shall meet at least once every quarterclause 10 provides for powers and functions of commission including:-(a)formulation of policies and framing of guidelines for ensuring high qualityand standards in medical education and research(b)coordination of functioning of commission, autonomous boards andstate medical councils(c)formulation of policy for regulation of medical profession(d)power to delegate and form sub-committeesclause 11 provides for constitution and composition of medical advisory council it shall consist of one nominee from every state who shall be the vice chancellor of state health university or the university with maximum medical colleges under it ministry of home affairs shall nominate one member to represent each union territory one nominee from each state and union territory from amongst the elected members of the state medical council every member of national medical commission shall be ex-officio members of the advisory council chairman, university grants commission, director, national assessment and accreditation council, and four members from among directors of indian institutes of technology, indian institutes of management and the indian institute of science shall also be its membersclause 12 provides for functions of medical advisory council to advise the commission on minimum standards in medical education, training and researchclause 13 provides for meetings and quorum of medical advisory council clause 14 provides for uniform national eligibility cum entrance test for admission in undergraduate and postgraduate super-speciality course in medical institutions and counseling for admission to undergraduate courseclause 15 provides for national exit test for granting license to practice medicine and enrolment in the state register or the national register which shall also be the basis for admission to postgraduate broad-speciality medical education in medical institutionsclause 16 provides for constitution of four autonomous boards under the overall supervision of commission the four autonomous boards are under-graduate medical education board, post-graduate medical education board, medical assessment and rating board and ethics and medical registration boardclause 17 provides for composition of autonomous boards consisting of president and two whole-time members and two part-time members the third member of medical assessment and rating board and ethics and medical registration board shall be from diverse backgroundclause 18 provides for search committee for appointment of president and members of autonomous boardsclause 19 provides for duration of office, salary and allowances and other terms and conditions of service of president and members of the autonomous boardsclause 20 provides for advisory committees of experts constituted by the commission to render assistance to all autonomous boards for discharging of functions assigned under the actclause 21 provides for staff of autonomous boards clause 22 provides for meetings of autonomous boards every board shall meet atleast once a monthclause 23 provides for powers of autonomous boards and delegation of powers clause 24 provides for powers and functions of under-graduate medical education board including determination of standards of medical education at under-graduate level, framing of guidelines for establishment of medical institutions for imparting under- graduate medical courses, granting of recognition to medical institutions at under-graduate levelclause 25 provides for powers and functions of post-graduate medical education board including determination of standards of medical education at post-graduate and superspeciality level, framing of guidelines for establishment of medical institutions for imparting post-graduate and super-speciality medical courses, granting of recognition to medical institutions at post-graduate and super-speciality levelclause 26 provides for powers and functions of medical assessment and rating board including determine the procedure for assessing and rating of medical institutions for compliance with prescribed standards, granting of permission for establishment of new medical institutions or to start any post-graduate course or to increase number of seats and carrying out of inspection for this purpose and issuing warning, imposing of monetary penalty on medical institution for failure to maintain minimum essential standards prescribedclause 27 provides for powers and functions of ethics and medical registration board including maintain a national register for all licensed medical practitioners and regulate professional conduct, to develop mechanism for continuous interaction with state medical councilsclause 28 provides for permission for establishment of new medical college, starting of post-graduate course and increase of seatsclause 29 provides for criteria for approval or disapproval of the scheme for establishment of new medical collegeclause 30 provides for state medical council and other provisions relating thereto clause 31 provides for the maintenance of a national register by ethics and medical registration board which shall contain the name, address and all recognised qualifications possessed by licensed medical practitioner every state medical council shall maintain a state register the registers will be maintained in such forms including electronic form as may be specified a separate national register shall be maintained for community health providerclause 32 provides for grant of limited licence to practice medicine at mid-level as community health providers to persons connected with modern scientific medical professionclause 33 provides for rights of persons to have license to practice and to be enrolled in national register or state register a person who qualifies national exit test shall be enrolled in the national register or state registerclause 34 provides for bar to practice a person who is not enrolled in the state or national register shall not be allowed to practice medicine or perform any of the function enrolled upon a qualifies medical practitioner such as holding an office of physician or surgeon, signing a medical certificate or giving evidence in matters related to medicine any violation shall be punishable with imprisonment for a term which may extend to one year or with fine up to five lakhs rupees or with both the commission may permit exceptions from qualifying national licentiate examination in certain cases foreign medical practitioners shall be permitted temporary registration in india in such manner as may be prescribedclause 35 provides for recognition ofmedical qualifications granted by universities or medical institutions in india the institutions shall apply under-graduate medical education board or post-graduate medical education board which shall examine the application and decide on grant of recognition first appeal shall lie to the commission and second appeal to the central governmentclause 36 provides for recognition of medical qualifications granted by medical institutions outside indiaclause 37 provides for recognition of medical qualifications granted by statutory or other bodies in india which are covered by the categories listed in the schedule the diplomate of national board qualifications shall be equivalent to the corresponding postgraduate and super-speciality qualification in certain casesclause 38 provides for withdrawal of recognition granted to medical qualification granted by medical institutions in india the medical assessment and rating board shall make a report to the commission which shall decide the matterclause 39 provides for de-recognition of medical qualifications granted by medical institutions outside indiaclause 40 provides for special provisions in certain cases for recognition of medical qualifications this relates to medical institutions outside indiaclause 41 provides for grants by central government clause 42 provides for national medical commission fund which shall form part of the public account of india all government grants, fee, penalties and all sums received by the commission shall form part of it the fund shall be applied for making payments towards all expenses in the discharge of the functions of the commissionclause 43 provides for audit and accounts the accounts of the commission shall be audited by the comptroller and auditor general of indiaclause 44 provides for furnishing of returns and reports to central government clause 45 provides for power of central government to give directions to commission and autonomous boards on questions of policyclause 46 provides for power of central government to give directions to state governmentsclause 47 provides for information to be furnished by commission and publication thereofclause 48 provides for obligations of universities and medical institutions they shall maintain a website at all times and display all such information as may be required by the commissionclause 49 provides for completion of courses of studies in medical institutionsstudents who were studying in any medical institution before the commencement of this act shall continue to study and complete in accordance with syllabus and studies as existed before such commencement such student shall be deemed to have completed course of study under this actclause 50 provides for joint sittings of commission, central councils of homoeopathy and indian medicine to enhance interface between their respective systems of medicine such meeting shall be held at least once a year the joint sitting may reside on approving educational modules and promote medical pluralismclause 51 provides for promoting primary healthcare in rural areas by the state governmentclause 52 provides for chairperson, members, officers of commission and of autonomous boards to be public servants within the meaning of section 21 of the indian penal codeclause 53 provides for protection of action taken in good faith clause 54 provides for cognizance of offences by courts only upon a complaint in writing by an authorised officer of the committee or ethics and medical registration board or state medical councilclause 55 provides for power of central government to supersede commission if it is unable to discharge the functions and duties imposed upon it or persistently defaults in complying with any direction issued by the central government central government may issue notifications of supersession not exceeding six months at a timeclause 56 provides for power to make rules the central government may be notification make rules to carry out the purposes of this actclause 57 provides for power to make regulations the commission may after previous publication by notification make regulations consistent with this actclause 58 provides for rules and regulations to be laid before parliament clause 59 provides for power to remove difficulties central government may be order published in the official gazette make such provisions not inconsistent with the provisions of this act for removing the difficultyclause 60 provides for repeal and saving the indian medical council act, 1956 shall stand repealed and the medical council of india shall stand dissolved from the date as may be prescribed by the central government the chairman and other members and employees of medical council of india shall vacate their respective offices and be entitled to the compensationclause 61 provides for transitory provisions even after the repeal of the indian medical council act, 1956, the rules and regulations made thereunder shall continue to be in force till new rules and regulations are framed by national medical council financial memorandumsub-clause (1) of clause 3 of the bill provides for constitution of the national medical commission to exercise the powers and to perform the functions assigned to it sub-clause (1) of clause 4 provides for the appointment of chairperson and members of the commission sub-clause (4) of clause 6 provides for payment of salaries and allowances to the chairpersons and members, other than ex officio members sub-clause (1) of clause 8 provides for appointment of secretary of the commission and sub-clause (5) thereof provides for appointment of officers and other employees of the commission sub-clause (6) of said clause provides for payment of salaries and allowances to secretary, officers and other employees of the commission2 sub-clause (1) of clause 16 provides for constitution of four autonomous boards consisting of a president and two whole-time members and two part-time members clause 18 provides for appointment of president and members of the autonomous boards and sub-clause (2) of clause 19 provides for salaries and allowances of the president and members of the autonomous boards3 clause 41 provides for payment of grants to the commission, after due appropriation made by parliament by law in this behalf, as the central government may think fit4 sub-clause (1) of clause 42 provides for the constitution of fund to be called the national medical commission fund which shall form part of the public account of india and all government grants, fees and charges received by the commission and its constituent bodies and all sums received by the commission from such other source as may be decided upon by the central government shall be credited to the fund and shall be applied for payment of salaries and allowances and the expenses incurred in the carrying out the provisions of the bill5 sub-clause (3) of clause 60 provides that on the dissolution of the medical council of india, persons appointed as chairman, members, officers and other employees of that council shall vacate their respective offices and that such chairman and members shall, for such premature termination, be entitled to claim compensation not exceeding three months' pay and allowances and the officers and employees who are employed on regular and contractual basis by the medical council of india shall be entitled to such compensation, which shall not be less than three months' pay and allowances, as may be prescribed6 the expenditure would be largely met from corpus of the existing medical council of india and the funds generated by the national medical commission the budgetary support by the government to the commission and its constituent bodies is estimated not to exceed the level of the current budgetary support given to the council further, as expenditure would depend on the number of meetings of the commission, recurring or non-recurring expenditure cannot be anticipated at this stage memorandum regarding delegated legislationsub-clause (3) of clause 15 of the bill empowers the central government to make the national exit test operational from such date, within three years from the date of commencement of this act, as may be appointed by notificationsub-clause (1) of clause 16 of the bill empowers the central government, by notification, to constitute the autonomous boards under the overall supervision of the commission, to perform the functions assigned to such boards under this actsub-clause (3) of clause 37 of the bill empowers the central government, on the recommendations of the commission, and having regard to the objects of this act, by notification, to add to, or, as the case may be, omit from, the schedule any categories of medical qualifications granted by a statutory or other body in indiaclause 40 of the bill empowers the commission to issue an order to direct that any medical qualification granted by a medical institution in a country outside india, after such date as may be specified in that notification, shall be a recognised medical qualification for the purposes of this act clause 56 of the bill empowers the central government to make rules inter alia on matters relating to (a) the manner of appointing six members of the commission on rotational basis from amongst the nominees of the states and union territories in the medical advisory council; (b) the manner of appointing five members of the commission; (c) the manner of nominating one expert by the central government; (d) the salaries and allowances payable to, and other terms and conditions of service of the chairperson and members; (e) the form and the manner of making declaration of assets and liabilities by the chairperson and member of the commission; (f) the qualification and experience to be possessed by the secretary of the commission; (g) the salaries and allowances payable to, and other terms and conditions of service of the secretary, officers and other employees of the commission; (h) the other powers and duties of the commission; (i) the medical qualification and experience to be possessed by a member; (j) the manner of choosing part-time members; (k) the salaries and allowances payable to, and other terms and conditions of service of the president and members of an autonomous board and the allowances payable to part-time members; (l) the other factors; (m) the manner of submitting a list of medical professional; (n) the form for preparing annual statement of accounts; (o) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the commission and the particulars with regard to any matter as may be required by the central government; (p) the form and the time for preparing annual report; (q) any other matter in respect of which provision is to be made by rulesclause 57 of the bill empowers the commission to make regulations after previous publications and by notification in the official gazette, inter alia, in respect of matters relating to (a) the functions to be discharged by the secretary of the commission; (b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals; (c) the procedure to be followed at the meetings of commission, including the quorum at its meetings; (d) the quality and standards to be maintained in medical education; (e) the manner of regulating medical institutions, medical researches and medical professionals; (f) the manner of functioning of the commission, the autonomous boards and the state medical councils; (g) the procedure to be followed at the meetings of the medical advisory council, including the quorum at its meetings; (h) the other languages in which and the manner in which the national eligibility-cum-entrance test shall be conducted; (i) the manner of conducting common counselling by the designated authority for admission to the under-graduate and postgraduate super-speciality medical education; (j) the designated authority, and the manner for conducting the national exit test; (k) the manner in which a person with foreign medical qualification shall qualify national exit test; (l) the manner in which admission to the post-graduate broad-speciality medical education shall be made on the basis of national exit test; (m) the manner of conducting common counselling by the designated authority for admission to the post-graduate broadspeciality medical education; (n) the number of, and the manner in which, the experts, professionals, officers and other employees shall be made available by the commission to the autonomous boards; (o) the curriculum at undergraduate level; (p) the curriculum for primary medicine, community medicine and family medicine; (q) the manner of imparting undergraduate courses by medical institutions; (r) the minimum requirements and standards for conducting courses and examination for undergraduates in medical institutions; (s) the standards and norms for infrastructure, faculty and quality of education at under-graduate level in medical institutions; (t) the standards of medical education at the post-graduate level and super-speciality level; (u) the curriculum at post-graduate level and super-speciality level; (v) the manner of imparting postgraduate and super-speciality courses by medical institutions; (w) the minimum requirements and standards for conducting post-graduate and super speciality courses and examinations in medical institutions; (x) the standards and norms for infrastructure, faculty and quality of education in medical institutions conducting post-graduate and super speciality medical education; (y) the procedure for assessing and rating the medical institutions; (z) the manner of carrying out inspections of medical institutions for assessing and rating such institutions; (za) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assessment and rating of medical institutions; (zb) the manner of making available on website or in public domain the assessment and ratings of medical institutions; (zc) the measures to be taken against a medical institution for failure to maintain the minimum essential standards; (zd) the manner of regulating professional conduct and promoting medical ethics; (ze) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college for starting postgraduate course or for increasing number of seats; (zf) the manner of making an application to the commission for approval of the scheme; (zg) the areas in respect of which criteria may be relaxed; (zh) the manner of taking disciplinary action by a state medical council for professional or ethical misconduct of registered medical practitioner or professional and the procedure for receiving complaints and grievances by ethics and medical registration board; (zi) the act of commission or omission which amounts to professional or ethical misconduct; (zj) other particulars to be contained in a national register; (zk) the form, including the electronic form and the manner of maintaining the national register; (zl) the manner in which any name or qualification may be added to, or removed from, the national register and the grounds for removal thereof; (zm) the form and manner in which the national register for registering community health providers is to be maintained; (zn) the criteria for granting limited licence to practice medicine; (zo)the extent, circumstances and period for which the community health providers shall be granted limited licence; (zp) the manner of listing and maintaining medical qualifications granted by a university or medical institution in india; (zq) the manner of examining the application for grant of recognition; (zr) the manner of preferring an appeal to the commission for grant of recognition; (zs) the manner of including a medical qualification in the list maintained by the board; (zt) the manner of listing and maintaining medical qualifications which have been granted recognition before the date of commencement of this actthe matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character ———— a billto provide for a medical education system that improves access to quality and affordablemedical education, ensures availability of adequate and high quality medical professionals in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; that promotes national health goals; that encourages medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a medical register for india and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto ————(dr harsh vardhan, minister for health and family welfare, science & technology and earth science)

Parliament_bills

38767a47-0b62-5244-acfc-285d33a18f33

bill no 48 of 2009 the constitution (scheduled castes) order (amendment) bill, 2009 by shri basudeb acharia, mp a billfurther to amend the constitution (scheduled castes) order, 1950be it enacted by parliament in the sixtieth year of republic of india as follows:—1 (1) this act may be called the constitution (scheduled castes) order (amendment)act, 2009short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint52 in the schedule to the constitution (scheduled castes) order, 1950,—co 19amendment of the schedule(i) in part xviii—uttar pradesh the existing entries 56 to 66 shall be renumberedas entries 57 to 67 and before entry 57 as so renumbered, the following entry shall be inserted, namely:—"56 namasudra"10(ii) in part xxiv—uttarakhand, the existing entries 56 to 65 shall be renumberedas entries 57 to 66 and before entry 57 as so renumbered, the following entry shall be inserted, namely:—"56 namasudra" statement of objects and reasonsafter partition, a large number of people who were uprooted from erstwhile east pakistan and now, bangladesh were settled in chhattisgarh, madhya pradesh, west bengal, orissa, assam, tripura and uttar pradesh they mainly belong to namasudras caste this caste was recognized as a scheduled caste and was included in the lists of scheduled castes for the states of assam, orissa, west bengal, tripura and in some other states but the community was not included in the lists of scheduled castes for the states of uttar pradesh and uttarakhand the people of this community residing in the states of uttar pradesh and uttarakhand are not entitled to avail the benefits extended to other scheduled castestherefore, to give them legal rights and justice and in view of their economic, educational and social backwardness, it is proposed in the bill that the namasudra community be included in the lists of scheduled castes for the states of uttar pradesh and uttarakhandthe bill seeks to achieve the above objectivejune 18, 2009 financial memorandumclause 2 of the bill provides for inclusion of the caste 'namasudra' in the list of scheduled castes in respect of the states of uttar pradesh and uttarakhand the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred crore per annuma non-recurring expenditure of rupees one hundred crore is also likely to be involved annexureextract from the constitution (scheduled castes) order, 1950 the schedule part xviii—uttar pradesh 55 musahar 56 nat 66 turaiha part xxiv—uttarakhand55 musahar 56 nat 65 turaiha ———— a billfurther to amend the constitution (scheduled castes) order, 1950————(shri basudeb acharia, mp)gmgipmrnd—2634ls(s5)—08-07-2009

Parliament_bills

d0390b1b-4b64-5381-9fe7-710f98de46e3

bill no 248 of 2017 the specific relief (amendment) bill, 2017 a bill further to amend the specific relief act, 1963be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the specific relief (amendment) act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisionamendment of section 647 of 19632 in section 6 of the specific relief act, 1963 (hereinafter referred to as the principalact), in sub-section (1), after the words "he or any person", the words "through whom he hasbeen in possesion or any person" shall be inserted103 for section 10 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1015"10 the specific performance of a contract shall be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16"specific performance in respect of contractsamendment of section 114 in section 11 of the principal act, in sub-section (1), for the words "contract may, in the discretion of the court", the words " contract shall" shall be substituted5 for section 14 of the principal act, the following sections shall be substituted, namely:—substitution of new sections for section 145"14 the following contracts cannot be specifically enforced, namely:—contracts not specifically enforceable(a) where a party to the contract has obtained substituted performance ofcontract in accordance with the provisions of section 20;(b) a contract, the performance of which involves the performance of acontinuous duty which the court cannot supervise;10(c) a contract which is so dependent on the personal qualifications of theparties that the court cannot enforce specific performance of its material terms; and(d) a contract which is in its nature determinable5 of 190815power of court to engage experts14a (1) without prejudice to the generality of the provisions contained in the code of civil procedure, 1908, in any suit under this act, where the court considers it necessary to get expert opinion to assist it on any specific issue involved in the suit, it may engage one or more experts and direct to report to it on such issue and may secure attendance of the expert for providing evidence, including production of documents on the issue20(2) the court may require or direct any person to give relevant information to the expert or to produce, or to provide access to, any relevant documents, goods or other property for his inspection25(3) the opinion or report given by the expert shall form part of the record of the suit; and the court, or with the permission of the court any of the parties to the suit, may examine the expert personally in open court on any of the matters referred to him or mentioned in his opinion or report, or as to his opinion or report, or as to the manner in which he has made the inspection30(4) the expert shall be entitled to such fee, cost or expense as the court may fix, which shall be payable by the parties in such proportion, and at such time, as the court may direct"amendment of section 156 in section 15 of the principal act, after clause (f), the following clause shall be inserted, namely:—35"(fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation"7 in section 16 of the principal act,—amendment of section 16(i) for clause (a), the following clause shall be substituted, namely:—"(a) who has obtained substituted performance of contract under section 20; or";40(ii) in clause (c),—(i) for the words "who fails to aver and prove", the words "who fails to prove" shall be substituted;(ii) in the explanation, in clause (ii), for the words "must aver", the words"must prove" shall be substitutedamendment of section 198 in section 19 of the principal act, after clause (c), the following clause shall be inserted, namely:—5"(ca) when a limited liability partnership has entered into a contract andsubsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation"9 for the sub-heading "discretion and powers of court" occuring after section 19, the sub-heading "substituted performance of contracts, etc" shall be substitutedamendment of sub-heading under chapter ii10 for section 20 of the principal act, the following sections shall be substituted namely:—substitution of new sections for section 20109 of 1872substitutedperformance of contract15"20 (1) without prejudice to the generality of the provisions contained in theindian contract act, 1872, and, except as otherwise agreed upon by the parties, where the contract is broken due to non-performance of promise by any party, the party who suffers by such breach shall have the option of substituted performance through a third party or by his own agency, and, recover the expenses and other costs actually incurred, spent or suffered by him, from the party committing such breach20(2) no substituted performance of contract under sub-section (1) shall beundertaken unless the party who suffers such breach has given a notice in writing, of not less than thirty days, to the party in breach calling upon him to perform the contract within such time as specified in the notice, and on his refusal or failure to do so, he may get the same performed by a third party or by his own agency:provided that the party who suffers such breach shall not be entitled to recoverthe expenses and costs under sub-section (1) unless he has got the contract performed through a third party or by his own agency25(3) where the party suffering breach of contract has got the contract performedthrough a third party or by his own agency after giving notice under sub-section (1),he shall not be entitled to claim relief of specific performance against the party in breach(4) nothing in this section shall prevent the party who has suffered breach ofcontract from claiming compensation from the party in breach30special provisions for contract relating to infrastructure project3520a (1) no injunction shall be granted by a court in a suit under this act involvinga contract relating to an infrastructure project specified in the schedule, where granting injunction would cause impediment or delay in the progress or completion of such infrastructure projectexplanation—for the purposes of the section, section 20b and clause (ha) ofsection 41, the expression "infrastructure clause project" means the category of projects and infrastructure sub-section specified in the schedule40 45 50(2) the central government may, depending upon the requirement fordevelopment of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the official gazette, amend the schedule relating to any category of projects or infrastructure sub-sectors(3) every notification issued under this act by the central government shall belaid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notificationspecial courts520b the state government, in consultation with the chief justice of thehigh court, shall designate, by notification published in the official gazette, one or more civil courts as special courts, within the local limits of the area to exercise jurisdiction and to try a suit under this act in respect of contracts relating to infrastructure projects5 of 1908expeditious disposal of suits20c notwithstanding anything contained in the code of civil procedure, 1908,a suit filed under the provisions of this act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant:10provided that the said period may be extended for a further period not exceedingsix months in aggregate after recording reasons in writing for such extension by the court"amendment of section 2111 in section 21 of the principal act, in sub-section (1), for the words ", either inaddition to, or in substitution of," the words "in addition to" shall be substituted15amendment of section 2510 of 1940 26 of 199612 in section 25 of the principal act, for the words and figures "the arbitrationact, 1940", the words and figures "the arbitration and conciliation act, 1996" shall be substitutedamendment of section 4113 in section 41 of the principal act, after clause (h), the following clause shall be inserted, namely:—20"(ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project"insertion of schedule14 after part iii of the principal act, the following schedule shall be inserted, namely:—25 'the schedule [see sections 20a and 41 (ha)] category of projects and infrastructure sub-sectors| | sl no category | infrastructure sub-sectors ||--------------------------------------------------------|--------------------------------------------------------|------------------------------|| 1 | 2 | 3 || 30 | | || 1 | transport | ( || a | | || ) | road and bridges | || ( | | || b | | || ) | ports (including capital dredging) | || 35 | | || ( | | || c | | || ) | shipyards (including a floating or land-based facility | || with the essential features of waterfront, turning | | || basin, berthing and docking facility, slipways or ship | | || lifts, and which is self sufficient for carrying on | | || shipbuilding/repair/breaking activities) | | || ( | | || d | | || ) | inland waterways | || ( | | || e | | || ) | airports | || 40 | | || ( | | || f | | || ) | railway track, tunnels, viaducts, bridges, terminal | || infrastructure including stations and adjoining | | || commercial infrastructure | | |(g)urban public transport (except rolling stock in case of urban road transport)| 1 | 2 | 3 ||---------------------------------------------------------|---------------------------------------------------------|-----|| 2 | energy | ( || a | | || ) | electricity generation | || ( | | || b | | || ) | electricity transmission | || ( | | || c | | || ) | electricity distribution | || 5 | | || ( | | || d | | || ) | oil pipelines | || ( | | || e | | || ) | oil/gas/liquefied natural gas (lng) storage facility | || (including strategic storage of crude oil) | | || ( | | || f | | || ) | gas pipelines (including city gas distribution network) | || 10 | | || 3 | water and | ( || a | | || ) | solid waste management | || sanitation | ( | || b | | || ) | water supply pipelines | || ( | | || c | | || ) | water treatment plants | || ( | | || d | | || ) | sewage collection, treatment and disposal system | || ( | | || e | | || ) | irrigation (dams, channels, embankments, | || etc | | || ) | | || ( | | || f | | || ) | storm water drainage system | || 15 | | || ( | | || g | | || ) | slurry pipelines | || 4 | communication | ( || a | | || ) | telecommunication (fixed network including optic | || fibre/wire/cable networks which provide broadband/ | | || internet) | | || ( | | || b | | || ) | telecommunication towers | || 20 | | || ( | | || c | | || ) | telecommunications and telecom services | || 25 | | || 5 | social and | ( || a | | || ) | education institutions (capital stock) | || commercial | ( | || b | | || ) | sports infrastructure (including provision of | || infrastructure | sports stadia and infrastructure for academies for | || training/ research in sports and sports-relating | | || activities) | | || ( | | || c | | || ) | hospitals (capital stock including medical colleges, | || para medical training institutes and diagnostic | | || centres) | | || 30 | | || ( | | || d | | || ) | tourism infrastructure | || viz | | || ( | | || i | | || ) three-star or higher | | || category classified hotels located outside cities with | | || population of more than one million; ( | | || ii | | || ) ropeways | | || and cable cars | | || 35 | | || ( | | || e | | || ) | common infrastructure for industrial parks and other | || parks with industrial activity such as food parks, | | || textile parks, special economic zones, tourism | | || facilities and agriculture markets | | || ( | | || f | | || ) | post-harvest storage infrastructure for agriculture and | || horticulture produce including cold storage | | || ( | | || g | | || ) | terminal markets | || 40 | | || ( | | || h | | || ) | soil-testing laboratories | || ( | | || i | | || ) | cold chain (including cold room facility for farm level | || pre-cooling, for preservation or storage of agriculture | | || and allied produce, marine products and meat) | | |5(j)affordable housing (including a housing projectusing at least 50% of the floor area ratio (far)/ floor space index (fsi) for dwelling units with carpet area of not more than 60 square meters10explanation—for the purposes of this sub-clause, the term "carpet area" shall have the same meaning as assigned to it in clause (k) of section 2 of the real estate (regulation and development) act, 2016 (16 of 2016)' statement of objects and reasonsthe specific relief act, 1963 was enacted to define and amend the law relating to certain kinds of specific relief it contains provisions, inter alia, specific performance of contracts, contracts not specifically enforceable, parties who may obtain and against whom specific performance may be obtained, etc it also confers wide discretionary powers upon the courts to decree specific performance and to refuse injunction, etc as a result of wide discretionary powers, the courts in majority of cases award damages as a general rule and grant specific performance as an exception2 the tremendous economic development since the enactment of the act have brought in enormous commercial activities in india including foreign direct investments, public private partnerships, public utilities infrastructure developments, etc; which have prompted extensive reforms in the related laws to facilitate enforcement of contracts, settlement of disputes in speedy manner it has been felt that the act is not in tune with the rapid economic growth happening in our country and the expansion of infrastructure activities that are needed for the overall development of the country3 in view of the above, it is proposed to do away with the wider discretion of courts to grant specific performance and to make specific performance of contract a general rule than exception subject to certain limited grounds further, it is proposed to provide for substituted performance of contracts, where a contract is broken, the party who suffers would be entitled to get the contract performed by a third party or by his own agency and to recover expenses and costs, including compensation from the party who failed to perform his part of contract this would be an alternative remedy at the option of the party who suffers the broken contract it is also proposed to enable the courts to engage experts on specific issues and to secure their attendance, etc4 a new section 20a is proposed for infrastructure project contracts which provides that the court shall not grant injunction in any suit, where it appears to it that granting injunction would cause hindrance or delay in the continuance or completion of the infrastructure project the department of economic affairs is the nodal agency for specifying various categories of projects and infrastructure sub-sectors, which is provided as schedule to the bill and it is proposed that the said department may amend the schedule relating to any such category or sub-sectors5 special courts are proposed to be designated to try suits in respect of contracts relating to infrastructure projects and to dispose of such suits within a period of twelve months from the date of service of summons to the defendant and also to extend the said period for another six months in aggregate, after recordings reasons thereforthe bill seeks to achieve the above objectivesnew delhi;ravi shankar prasadthe 15th december, 2017 annexure extracts from the specific relief act, 1963 (47 of 1963) 6 (1) if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suitsuit by person dispossessed of immovable property contracts which can be specifically enforced10 except as otherwise provided in this chapter, the specific performance of any contract may, in the discretion of the court, be enforced—cases in whichspecificperformance of contract enforceable(a) when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done; or(b) when the act agreed to be done in such that compensation in money for its non-performance would not afford adequate reliefexplanation—unless and until the contrary is proved, the court shall presume—(i) that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and(ii) that the breach of a contract to transfer movable property can be so relieved except in the following cases:—(a) where the property is not an ordinary article of commerce, or is of special value or interest to the plaintiff, or consists of goods which are not easily obtainable in the market;(b) where the property is held by the defendant as the agent or trustee of the plaintiff11 (1) except as otherwise provided in this act, specific performance of a contract may, in the discretion of the court, be enforced when the act agreed to be done is in the performance wholly or partly of a trust cases in which specific performance of contracts connected with trusts enforceable contracts, which cannot be specifically enforced14 (1) the following contracts cannot be specifically enforced, namely:—contracts not specifically enforceable(a) a contract for the non-performance of which compensation in money is an adequate relief;(b) a contract which runs into such minute or numerous details or which is so dependent on the personal qualification or volition of the parties, or otherwise from its nature is such, that the court cannot enforce specific performance of its material terms;(c) a contract which is in its nature determinable;(d) a contract the performance of which involves the performance of a continuousduty which the court cannot supervise10 of 1940(2) save as provided by the arbitration act, 1940, no contract to refer present or future differences to arbitration shall be specifically enforced; but if any person who has made such a contract (other than an arbitration agreement to which the provisions of the said act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit(3) notwithstanding anything contained in clause (a) or clause (c) or clause (d) of subsection (1), the court may enforce specific performance in the following cases:—(a) where the suit is for the enforcement of a contract,—(i) to execute a mortgage or furnish any other security for securing the repayment of any loan which the borrower is not willing to repay at once:provided that where only a part of the loan has been advanced the lender is willing to advance the remaining part of the loan in terms of the contract; or(ii) to take up and pay for any debentures of a company;(b) where the suit is for,—(i) the execution of a formal deed of partnership, the parties having commenced to carry on the business of the partnership; or(ii) the purchase of a share of a partner in a firm;(c) where the suit is for the enforcement of a contract for the construction of any building or the execution of any other work on land:provided that the following conditions are fulfilled, namely:—(i) the building or other work is described in the contract in terms sufficiently precise to enable the court to determine the exact nature of the building or work;(ii) the plaintiff has a substantial interest in the performance of the contract and the interest is of such a nature that compensation in money for nonperformance of the contract is not an adequate relief; and(iii) the defendant has, in pursuance of the contract, obtained possession of the whole or any part of the land on which the building is to be constructed or other work is to be executed persons for or against whom contracts may be specifically enforced15 except as otherwise provided by this chapter, the specific performance of a contract may be obtained by—who may obtain specific performance (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit to the benefit thereof and will sustain material injury by reason of its breach; 16 specific performance of a contract cannot be enforced in favour of a person—personal bars to relief(a) who would not be entitled to recover compensation for its breach; or (c) who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms of the performance of which has been prevented or waived by the defendantexplanation— for the purposes of clause (c),—| | | | | ||---------------------------------------------------------------------------|------|------|------|-----|| ( | | | | || ii | | | | || ) the plaintiff must aver performance of, or readiness and willingness to | | | | || perform, the contract according to its true construction | | | | || | | | | |19 except as otherwise provided by this chapter, specific performance of a contract may be enforced against—| ||-------------------|| relief against || parties and || persons || claiming under || them by || subsequent title |(c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant; discretion and powers of courtdiscretion as to decreeing specific performance20 (1) the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a court of appeal(2) the following are cases in which the court may properly exercise discretion not to decree specific performance:—(a) where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the contract, though not viodable, gives the plaintiff an unfair advantage over the defendant; or(b) where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff; or(c) where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performanceexplanation 1— mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b)explanation 2— the question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract (3) the court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance(4) the court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party21 (1) in a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performancepower to award compensation in certain cases 10 of 194025 the provisions of this chapter as to contracts shall apply to awards to which the arbitration act, 1940, does not apply and to directions in a will or codicil to execute a particular settlement application of preceding sections, to certain awards and testamentary directions to execute settlements41 an injudction cannot be granted—injunction when refused (h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust; ———— a billfurther to amend the specific relief act, 1963————

Parliament_bills

bc471a5a-2d85-532c-aa97-fd1cdea42c4f

bill no lxxvii of 2007 the constitution (amendment) bill, 2007 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2007(2) it shall come into force, at onceshort title and commencement a m e n d m e n t of the tenth schedule"provided that chairman or the speaker, as the case may be, shall have authority to disqualify a member, even if such member of the original political party, on account of suspension or expulsion of such member by such political party, ceases to be a member of such party" statement of objects and reasonsa member, who incurs disqualification under the tenth schedule and also commits acts of indiscipline, can be suspended or expelled by his original political party from its membership in such an event his membership of the house remains intact a petition to the presiding officer of the house also does not lie in view of the fact that the original political party has either suspended or expelled him from the membership of the housea political party whose member has betrayed it should not be rendered so helpless that if the party suspends or expells him, it can not invoke provisions of the tenth schedule and if it intends to invoke the provisions of the tenth schedule, treat him as its member and tolerate helplessly all the acts of indiscipline that such member may commit, in order that the party may be due to get him disqualified under the tenth schedulehence the billshantaram laxman naik rajya sabha————abillfurther to amend the constitution of india ————(shri shantaram laxman naik, mp)

Parliament_bills

348077b8-b53e-563d-b6b2-bc7c8b6dafef

3 may :m the gift-tax bill, 1990 arrangement of clau ses chapter i preliminary chapter, itto such charge3- charge of gift-tax 4- gifts to include certain transfers5 exemption in respect of certain piftso- value- of gifts how determined chapter iii gift-tax authorities8- control of gift-tax authorities9 instructions to subordinate authorities1l power of chief commissioner or commissioner and of deputycommissioner to makeenquiries chapter iv12 return of gifts13 return after due date and amendment of return14- return by whom to be signed15 self-assessment16 assessment clauses| 17 | gift escaping assessment ||--------------------------------------------------------------------|-----------------------------|| 18- time limit for completion of assessment and reassessment | || 19 interest for defaults in furnishing return of gifts | || 20- penalty for failure to furnish returns, to comply with notices | || and concealment of gifts, etc | || - ■ •• - penalty for failure to | answer || furnish information, allow inspection, etc | | chapter v| ||------------------------------------------------------------------|| iability || || to || || assessment || || in || || special || || cases || 22- la x of deceased person payable by legal representative || 23 assessment of persons leaving india || 24 assessment of a minor, lunatic or idiot || 25 liability after partition of a hindu undivided family and in || die case of discontinued firm or association of persons || 26- company in liquidation | chapter vi a ppeals, revisions and references27 appeal to the deputy commissioner (appeals), commissioner (appeals), from orders of assessing officers28 appeal to the appellate tribunal 29 powers of commissioner to revise orders of subordinate authorities30 appeal to the appellate tribunal from orders of penalty or enhancement by chief commissioner or commissioner31 reference to high court 32 hearing by high court 33 appeal to supreme court- 34- tax to be paid notwithstanding reference, etc35 definition of high courtp ayment and recovery of gift-tax36 gift-tax by whom payable37 gift-tax to be charged on property gifted38- notice of demand ; ■ clauses39 recovery of tax and penalties 40 mode of recovery chapter viii ' r efunds41 refunds chapter ix miscellaneous'42: rectification of mistakes43- prosecutions44 offences by companies45 offences by hindu undivided families,46 section 360 of the code of criminal procedure, 1973 and the probation of offenders act, 1958 not to apply47- presumption as to culpable mental state48 proof of entries in records or documents49 power regarding discovery, production of evidence, etc50 power to call for information51 effect of transfer of authorities on pending proceedings 52- computation of period of limitation 53 service of notice 54 publication of information respecting assessees 55' disclosure of information respecting assessees56 return of gifts, etc, not to be invalid on certain grounds57 bar of suits in civil court58 appearance before gift-tax authorities by authorised represen­tatives- ■59 appearance by registered valuer in certain matters 65- agreement for avoidance or relief of double taxation, with respect to gift-tax61 rounding off of taxable gifts 62 rounding off of tax, etc63 power to make rules-64 repeal and savings65 power to remove difficultiesthe first schedulethe- second schedule- the gift-tax bill, 1990 a billto provide for the levy of gift-taxbf it enacted by parliament in the forty-first year of the republic of india as follows: — chapter i preliminary| 1 (1) this act may be called the gift-tax act, 1990 | short ||-------------------------------------------------------------------|----------------------------|| title, | || (2) | || it extends to the whole of india except the state of jammu and | extent || kashmir | and co || mence- | || (3) it shall be deemed to have come into force on the 20th day of | ment || march, 1990 | || 2 in this act, unless the context otherwise requires,— | deftni || (i) | ''amalgamation" shall have || the | || meaning assigned to it in | tl0t)s- || clause (ib) of section 2 | || of | || the | || income-tax act; | || (it) "appellate tribunal" means the appellate tribunal con­ | || stituted under section 252 of the tncome-tax act; | |(iii) "assessee'' means a person by whom gift-tax or any other sum of money is payable under this act, and includes—(a) every person in respect of whom any proceeding under this act has been taken for the determination of gift-tax payable by him or by any other person or the amount of refund due to 5 him or such other person;(b) every person who is deemed to be an assessee under this act;(c) every person who is deemed to be an assessee in default under this act; jq(w) "assessing officer" means the assistant commissioner or the income-tax officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of the income-tax act which apply for the purposes of gift-tax under 15 section 7 of this act and also the deputy commissioner who is directed under clause (b) of sub-section (4) of the said section 120to exercise or perform all or any of the powers and functions conferred on or assigned to the assessing officer under that act;(«) "assessment" includes reassessment; 20(vi) "assessment year" means the period of twelve months commencing on the 1st day of april every year;(vii) "board" means the central board of direct taxes consti­tuted under the central boards of revenue act, 1963;(viii) "charitable purpose" includes relief of the poor, education, 25 medical relief, and the advancement of any other object of general public utility;(ix) the expressions "company", "indian company'' and "company in which the public are substantially interested" shall have the meanings respectively assigned to them under section 2 3q of the income-tax act;(x) "convertible foreign exchange" means foreign exchange which is for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign ex­change regulation act, 1973 and any rules made thereunder; 35(xi) "donee" means any person who acquires any property under a gift, and, where a gift is made to a trustee for the benefit of another person, includes both the trustee and the beneficiary;(tu) "donor" means any person who makes a gift;(xiii) "executor" includes an administrator or any other pel-son administering the estate of a deceased person;(xiu) "foreign exchange regulation act" means the foreign exchange regulation act, 1973;(xv) the expressions "firm", "partner" and "partnership" shall have the meanings respectively assigned to them under section 2 of the income-tax act;(xvt) "gift" means the transfer by one person to another of any existing movable or immovable property made voluntarily and without consideration in money or money's worth, and includes the transfer or conversion of any property referred to in section 4, deemed to be a gift under that section but does not include receipts which are income within the meaning of the income-tax act;10 explanation—a transfer of any building or part thereof referred to in clause (in) clause {iha) or clause (mb) of section 27 of the incometax act by the person who is deemed under the said clause to be the owner thereof made voluntarily and without consideration in money or money s worth, shall be deemed to be a gift made by such person;15 (xvii) "income-tax act" means the income-tax act 1961:(xt'iii) legal representative'" has the meaning assigned to it in clause (11) of section 2 of the code of civil procedure 1938;(xix) "non-resident" shall have the meaning assigned to it in the income-tax act;(xx> non-resident indian" shall have the meaning assigned toyj n clause (e) of section 115c of the income-tax act;(x,xi) person includes a hindu undivided family or a company or an association or a body of individual or persons, whether in­corporated or not;(xxii) "person resident outside india" shall have the same25 meaning assigned to it in clause (q) of section 2 of the foreign exchange regulation act, 1973;(xxii;) political party" shall mean an association or body of individual citizens of india registered with the election commis­sion under any law for the time being in force;30 (xxiv) "prescribed" means prescribed by rules made under this act;(xxv) 'previous year' in relation to any assessment year means any period, not exceeding twelve months, ending on the 31st day of march immediately preceding the assessment year:| 35 ||------------------------------------------------------------------------|| ing on the 1st day of april, 1991, shall be the period commencing on || the 20th day of march, 1990 and ending on the 31st day of march, 1991; |(xxvi) "principal officer", used with reference to a company or association of persons, means—40 (a> the secretary and treasurer, manager, managing agentmanaging director or agent of the company or association; or(b) any person connected with the management of the affairs of the company or association upon whom the assessing officer has served a notice of his intention of treating him as45 principal officer thereof;(xxvii) "property" includes any interest in property, movable or immovable;(xocviii) "registered valuer'' shall have the meaning assigned to it in clause (oaa) of section 2 of the wealth-tax act;(xxix) "regular assessment" means the assessment made under 5 sub-sections (5) and (7) of section 16;(xxx) "relative" shall have the meaning assigned to it in clause (41) of section 2 of the income-tax act;(xxxi) "resident",—(a) in the case of an individual, means, if during that year 10 he is a resident within the meaning of section 6 of the incometax act, subject to the modification that reference in that section to india shall be construed as references to the territories to which this act extends;(b) in the case of a hindu undivided family, firm or other '5 association of persons, means, if during that year, the control and management of its affairs was situated wholly within the territories to which this act extends;(c) in the case of a company, means, if during thei previous year,— 2q(i) it is a company formed and registered under the companies act, 1956, or is an existing company within the 1 of meaning of that act; or(ii) the control and management of that company was situated wholly in the territories to which this act extends; 25(d) in any other case, shall have the meaning assigned to it in section 6 of the income-tax act;(xxxli) "tax" means gift-tax chargeable under the provisions of this act;(xxxiii) "taxable gifts" means gifts chargeable to gift-tax under 30 this act;(xxxiv) "transfer of property" means any disposition, convey­ance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes— , 55(a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;(c) the exercise of a power of appointment (whether general, special or subject to any restrictions as to the persons 40 in whose favour the appointment may be made) of property vested in any person, not the owner of the property, to deter­ mine its disposition in favour of any person other than the donee of the power; and| | | (d) | any transaction entered into by any person with intent ||-----------------------------------------------------------------------|-------------------------------------------------------------------|-----------------|-----------------------------------------------------------|| thereby to diminish | directly or indirectly | the value of | his || own property and to increase the | value of the property of | | || any other person; | | | || 5 | (xxiru) "valuation officer" shall have the meaning assigned to it | | || in clause (r) of section 2 of the wealth-tax act; | | | || h®5'- | | | || (xxxvi) | | | || "wealth-tax act" means the wealth-tax act, 1957; | | | || (xxxvii) | | | || the expressions | "chief | commissioner" , | "director || general", "commissioner", "commissioner | (appeals) ", "director' , | | || 10 | "deputy director", "deputy commissioner" , "deputy commissioner | | || (appeals)" , "assistant director", "assistant commissioner", "income- | | | || tax officer", "tax recovery officer" and "inspector of income | tax" | | || shall have the meanings respectively assigned to them under section | | | || 3 of the income-tax act, | | | || 15 | | | || chapter ii | | | || c | | | || harge | | | || | | | || of | | | || | | | || gift | | | || - | | | || tax | | | || | | | || and | | | || | | | || gifts | | | || | | | || subject | | | || | | | || to | | | || | | | || such | | | || | | | || charge | | | |3 subject to the other provisions contained in this act, there shall be charged for every assessment year commencing on and from the 1st day of april, 1991, gift-tax in respect of the gifts, if any, received by a person 20 during the previous year, at the rate or rates specified in schedule i4, (1) for the purposes of this act,—(a) where property is transferred otherwise than for adequate consideration, the amount by which the market value of the property at the date of the transfer exceeds the value of the consideration shall be deemed to he a gift received by a transferee;2530(b) where property is transferred for a consideration which, having regard to the circumstances of the case, has not passed or is not intended to pass either in full or in part from the transferee to the transferor, the amount, of the consideration which lias not passed or is not intended to pass shall be deemed to be a gift received by the transferee;35(c) where there is a release, discharge, surrender, forfeiture or abandonment of any debt, contract or other actionable claim or of any interest in property by any person, the value of the release, discharge, surrender, forfeiture or abandonment to the extent to which it has not been found, to the satisfaction of the assessing officer to have been bonafide, shall be deemed to be s gift received by the person in whose favour such release, discharge, surrender, forfeiture or abandonment, is made;40(d) where a person absolutely entitled to property causes or has caused the same to be vested in whatever manner in himself and any other person jointly without adequate consideration and such other person makes an appropriation from or out of the said property, the amount of the appropriation used for the benefit ofcharge of gift-taxgifts to include certain transfersthe person making the appropriation or for the benefit of any other person shall be deemed to be a gift received in his favour by the person who causes or has caused the property to be so vested;(e) where a person who has an interest in property as a tenant for a term or for lift or a remainderman surrenders or relinquishes 5 his interest in the property or otherwise allows his interest to be terminated without consideration or for a consideration which is not adequate, the value of the interest so surrendered, relinquished or allowed to be terminated or, as the case may be, the amount by which such value exceeds the consideration 10 received, shall be deemed to be a gift received by the person in whose favour such surrender, relinquishment or termination is made(2) where in the case of an individual being a member of a hindu undivided family, any property having been the separate property of the 15 individual has been converted by the individual into property belong­ing to the family through the act of impressing such separate property with the character of property belonging to the family or throwing it into the common stock of the family (such property being hereafter in this sub-section referred to as the converted property), then, notwith- 20 standing anything contained in any other provision of this act 01 any other law for the time being in force, for the purpose of computation of the taxable gifts received by the individual, the individual shall be deemed to have made a gift of so much of the converted property as the members of the hindu undivided family other than such individual 25 would be entitled to, if a partition of the converted property had taken place immediately after such conversion5- (1) gift-tax shall not be charged under this act in respect of gifts received by any person—(i) of immovable property situate outside the territories to 30 which this act extends;(ii) of movable property situate outside the territories to which this act extends, unless the person' receiving the gift—(a) being an individual, is a citizen of india and is resident in the said territories; or 35(b) not being an individual, is resident in the said territories, during the previous year in which the gift isreceived;(iii) from a person resident outside india, out of the moneys standing to his credit in a non-resident (external) account in any 40 hank in india in accordance with the provisions of the foreign exchange regulation act and any rules made thereunder;(iv) in convertible foreign exchange remitted from a countryoutside india in accordance with the provisions of the foreign exchange regulation act and any rules made thereunder; 45(w) from a non-resident indian, being h:s relative, of pronertv in the form of any foreign exchange asset as defined in clause (b> of section 115g of the income-tax act;(pi) from a non-resident indian, being his relative of property in the form of the bonds specified under sub-clause (iid) of clause (15) of section 10 of the income-tax act:provided that the exemption conferred by this clause shall be 5 available only if the gift of such bonds is received after a period of three years from the date of their purchase:provided further that where the donor, who is a non-resident indian in any previous year in which the bonds are acquired, becomes a resident in india in any subsequent year, the pro- i jq visions of this clause shall apply in respect of the gifts of pro­perty referred to in this clause in such subsequent year or any year thereafter;(vii) being any local authority or any authority referred to in clause (20a) of section 10 of the income-tax act;[ j (win) being any institution or fund established or deemed to be established for a charitable purpose to which the provisions o; section 80g of the income-tax act, apply;,(ix) (a) being such temple, mosque, gurdwara, churcli or other place as has been notified by the central government for the pur- 20 poses of clause (b) of sub-section (2) of section 80g of the incometax act; or(b) by way of settlement on trust, of property, the income from which, according to the deed of settlement, is to be used ex­clusively in connection with the temple, mosque, gurdwara, church 25 or other place specified therein and notified as aforesaid;(x) on the occasion of the marriage of such person subject to a maximum of rupees one lakh in value;(xi) under a will; (xii) being an employee or the dependent of a diseased employee 30 from a employer by way of bonus, gratuity or pension, to the extent to which the payment of such bonus, gratuity or pension is proved to the satisfaction of the assessing officer as being reasonable having regard to the circumstances of the case and has received solely in recognition of the services rendered by the employee;(xiii) in the nature of any benefit, directly or indirectly, arising out of any expenditure incurred by a relative, on the maintenance or education or medical treatment of such person:provided that the donee is a dependent on a donor and the expenditure is actually incurred for the aforesaid purposes,(xiv) from any person, for the purposes of medical treatment, to 40 the extent to which such amount is actually spent on the medical treatm ent within the previous year or within such period as may be extended by the commissioner and the amount not so utilised for the aforesaid purpose is deposited in a public sector bank asi defined in clause (s3d) of section 10 of the income-tax act:provided that the donee is not a dependent relative of the donor;, be'-ns an indian company from any other company in ascheme of amalgamation; 5(xvi) being a political party; (xvii) being a candidate, in connection with any election to any legislative, municipal or other public authority m india, to the extent o which the amount so received is not in excess of the limits, if any,xed under any law for the time being in force relating to such' 10 elections or to the extent such amount is actually utilised in connec­tion with the election, whichever is lower;(xviii) any gift received in the form of national saving certifif x1 x?ue) 3nd nationai having certificates (vii issue) issued under the government savings certificate act, 1959; 15rj rxry gift z pr°perty received in the form °f special bearer nds, 1991 issued by the central governmentx f x x t0 thf provisions of sub-section (2), the value of anyof this^act be v v x ' tran3f+x reu by way °f ^ sha11' for ^value of gifts how deter­minedand shafl h e h , " ° " t h e d a te « n w h ic h g i f t was recx ed 20and shall be determined in the manner laid down in schedule ii(2) where a person receives a gift which is not revocable for avalue f ^ ? 1ue °f ths pr°perty received shall be the capitaliseda ue of the income from such poverty during the period for which the gift is not revocable 25(3) the jurisdiction of a gift-tax authority under this act shall be the same as he has under the income-tax act by virtue of orders or directions issued under section 120 of that act (including orders or , directions assigning concurrent jurisdiction) or under any other provi- 35 sion of that act(4) the gift-tax authority having jurisdiction in relation to a person who has no income assessable to income-tax under the incometf , lact shal1 be the glft-tax authority having jurisdiction in respect of the area in which that person resides 4046 of8 section 118 of the income-tax act and any notification issued thereunder shall apply in 'relation to the control of gift-tax authorities aa they apply dn relation, to the control of the corresponding income-tax authorities, except to the extent to which the board may, by notification5 in the official gazette, otherwise direct in respect of any gift-tax autho­rity9 (1) the board may, from time to time, issue such orders, instruc­tions and directions to other gift-tax authorities as it may deem fit for the proper administration of this act and such authorities and all other10 persons employed in the execution of this act shall observe and follow such orders, instructions an^ directions of the board(2) notwithstanding anything contained in sub-section (1), the board shall not issue any order, instruction or direction—(a) so as to require any gift-tax authority to make a particular 15 assessment or to dispose of a particular case in a particular manner;dr(b) so as to interfere with the discretion of the deputy commis­sioner (appeals) or commissioner (appeals) in the exercise of his ap­pellate functions(3) without prejudice to the generality of the foregoing power,—<(a) the board may, if it considers it necessary or expedient so to do, for the purpose of proper and efficient management of the work of assessment and collection of revenue, issue, from time to time (whether by way of relaxation of anv of the provisions of sections25 12, 13, 16, 17, 19, 20 and 42 or otherwise), general or special ordersin respect of any class of cases, setting forth directions or instruc­tions (pot being prejudicial to assessees) as to the guidelines, prin­ciple or procedures to be followed by other gift-tax authorities in the work relating to assessment or collection of revenue or the initiation 30 of proceedings for the imposition of penalties and any such order may, if the board is of opinion that it is necessary in the public in­terest so to do be published and circulated in the prescribed manner for general information;(b) the board may, if it considers it desirable or expedient so to 35 do for avoiding genuine hardship in any case or class of cases, bygeneral or special order, authorise any gift-tax authority, not being a deputy commissioner (appeals) or commissioner (appeals) to admit an application or claim for any exemption or refund or any other relief under this act after the expiry of the period specified 40 by or under this act for making such application or claim and deal with the same on merits in accordance with law10 (i) the provisions of sections 124 and 127 of the income-tax act shall, so far as may be, apply for the purposes of this act as they apply for the purposes of the income-tax act, subject to the modifications spe- rifled in sub-section (2) ;(2) the modifications referred to in sub-section (1) shall be the following, namely: —(a) in section 124 of the income-tax act,—(i) in sub-section (3), references to the provisions of the 5q income-tax act shall be construed as references to the corres­ponding provisions of the gift-tax act, 1990;control of gifttax au­thoritiesinstruc­tions to subordi­nate au­thoritiesjurisdic­tion of assessing officers andpower to transfercases(ifi) sub-section (5) shall be omitted;(b) in section 127 of the income-tax act, in the explanation below sub-section (4) references to proceedings ■under the incometax act shall be construed as including references to proceedings under the gift-tax act 199011 the chief commissioner or commissioner and the deputy com­missioner shall be competent to make any enquiry under this act, and for this purpose, shall have all the powers that an assessing officer has under this act in relation to the making of enquiriespower of chief commis­sioner or com­missioner and of deputy commis­sioner to make enquiries10 a ssessmentreturnofgifts12 (1) every person whto during a previous year has received any taxable gifts, or is assessable in respect of the taxable gifts received by any other person under this act, which, in either case, exceeded the maxi­mum amount not chargeable to gift-tax, shall, on or before the 30th day 15 of june of the corresponding assessment year, furnish a return of such gifts in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed(2) notwithstanding anything contained in any other provision ofthis act, a return, not being a return furnished in response to a notice 20 under section 17, which shows the amount of taxable gifts below the maximum amount which is not chargeable to tax shall be deemed never to have been furnishedreturn after due date and amend­ment of return13 if any person has not furnished a return within the time allowed ^_ under sub-section (1) of section 12 or by a notice issued under clause (i)'of sub-section (6) of section 16 or having furnished amendment of a return discovers any omission or wrong statement therein, he may furnish a return or a revised return, as the case may be, at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier >(l14 the return made under section 12 or section 13 shall be signed and verified—(a) in the case of an individual,—return by whow to besigned(i) by the individual himself;(ii) where he is absent from india, by the individual him- 25 self or by some person duly authorised by him in this behalf;(iii) where he is mentally incapacitated from attending to his affairs, by his guardian or any other person competent to act on his behalf; and(iv) where, for any other reason, it is not possible for the in­dividual to sign the return, by any person duly authorised by him in this behalf:provided that in a case referred to in sub-clause (ii) or sub-clause 5 (iv), the person signing the return holds a valid power of attorney from the individual to do so, which shall be attached to the return;(b) in the case of a hindu undivided family, by the karta, and where the karta is absent from india or is mentally incapacitatedfrom attending to his affairs, by any other adult member of such 16 family; , (! ^(c) in the case of a company, by the managing director thereof or where for any unavoidable reason such managing director is not able to sign and verify the return, or where there is no managing director, by any director thereof:15 provided that where the company is not resident in india, the return may be signed and verified by a person who holds a valid power of attorney from such company to do so, which shall be attached to the return:provided further that,—20(q) where the company is being wound up, whether under the orders of the court or otherwise, -or where any person has been ap­ pointed as the receiver of any assets of the company, the return shall be signed and verified by the liquidator referred to in sub-section (1) of section 178 of the income-tax act:25(b) where the management of the company has been taken over by the central government or any state government under any law,the return of the company shall be signed and verified by the princi­pal officer thereof;(c) in the case of a firm, by the managing partner thereof or30where for any unavoidable reason such managing partner is not able to sign and verify the return, or where there is no managing partner as such, by any partner thereof, not being a minor;(d) in thp case of any other association, by any member of theassociation or the principal officer thereof; and35(e) in the case of any other person, by that person or by some person competent to act on his behalf15 (1) where any tax is payable on the basis of any return furnished under section 12 or under section 13 or in response to a notice under r clause (0 of sub-section (6) of section 16 or under section 17, after taking 40 into aeeount the amount of tax, if any already paid under any provision of this act, the assessee shall be liable to pay such tax, together with interest payable under any provision of this act for any delay in furnish ing the return,, before furnislrng the return and the return shall be ac companied by proof of payment of such fax and interestexplanation—where the amount paid by the assessee under this sub-section falls short of the aggregate of the tax and interest as aforesaid, the amount so paid shall first be adjusted towards the interest payable as aforesaid and the balance, if any, shall be adjusted towards the tax payable 5(2) after the regular assessment under section 16 has been made, any amount paid under sub-section (1) shall be deemed to have been paid towards such regular assessment (3) if any assessee fails to pay the whole or any part of such tax or interest or both in accordance with the provisions of sub-section (1), he ]q shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of the tax or interest or both remaining unpaid and all the provisions of this act shall apply accordingly16 (1) (a) where a return has been made under section 12 or section 15 13 or in response to a notice under clause (i) of sub-section (6),_(?) if any tax or interest is found due on the basis of such return after adjustment of any amount paid by way of tax or interest, an intimation shall be sent to the assessee specifying the sum so payable, and such intimation shall be deemed to be a notice issued under sec- 20 tion 38 and all the provisions of this act shall apply accordingly; and(ii) if any refund is due on the basis of such return, it shall be granted to the assessee: provided that in computing the tax or interest payable by, or re­fundable to the assessee the following adjustments shall be made in the 25 taxable gifts declared in the return, namely: —(i) any arithmetical errors in the return, accounts or documents accompanying it shall he rectified;(ii) any exemption which, on the basis of the information avail­able in such return, accounts or documents, is prima facie admissible 39but which is not churned in the return, shall be allowed;(in) any exemption claimed in the return, which, on the basis of the information available in such return, accounts or documents, is prima facie inadmissible, shall be disallowed:provided further that where adjustments are made under the first 35 proviso, an intimation shall be sent to the assessee, notwithstanding that no tax or interest is found due from him after making the said adjust­ments:provided also that an intimation for any tax or interest due under this clause shall not be sent after tbfe expiry of two years from the end 49of the assessment year in which the gifts were first assessable(b) where as a result of an order made under sub-section (5) or sub­section (7) of this section or section 17 or section 27 or section 23 or sec­tion 29 or section 31 or section 33 or section 42 relating to any earlier- assessment year and passed subsequent to the filing of the return referred to in clause (a), there is any variation in the exemption claimed in the return, and as a result of which,—(i) if any tax or interest is found due, an intimation shall be sent 5 to the assessee specifying the sum so payable, and such intimation shall be deemed to be a' notice of demand issued under section 38 and all the provisions of this act shall apply accordingly; and(u) if any refund is due, it shall be granted to the assessee:provided that an intimation for any tax or interest due under this 10 clause shall not be sent after the expiry of four years from the end of the financial year in which any such order was passed,(2) (a) where in the case of any person, the taxable gift, as a result of the adjustments made under the first proviso to clause (a) of sub­section (1), exceeds the taxable gift declared in the return by any15 amount, the assessing officer shall,—(i) further increase the amount of tax payable under sub-section (1) by an additional gift-tax calculated at the rate of twenty per cent, of the tax payable on such excess amount and specify the additional gift-tax in the intimation to be sent under sub-clause (j)2o of clause (a) of sub-section (1); 1(ii) where any refund is due under sub-section (1), reduce the amount of such refund by an amount equivalent to the additional, gift-tax calculated under sub-clause (i)(b) where as a result of an order under section 27 or section 28 or 25 section 29 or section 31 or section 33 or section 42, the] amount on which additional gift-tax - s payable under clause fa) has been increased or reduced, as the case may be, the additional gift-tax shall be increased or reduced accordingly, and,—(t) in a case where the additional gift-tax is increased, the as­sessing officer shall serve on the assessee a notice of demand under section 38; ;- - ' j(ii) in a case where the additional gift-tax is reduced, the excess amount paid, if any, shall be refundedexplanation—for the purposes of this sub-section, "tax payable on 22 such excess amount" means the difference between the, tax on the tax­able gift and me tax mat would nave neen cnargeame nad such taxuoie gift been reduced by the amount of adjustments(3) where an assessee furnishes a revised return under section 13 after the issue of an intimation, or the grant of refund, if any, under^ sub-section (1) of this section, the provisions of sub-sections (1) and (2) of this section shall apply in relation to such revised return and—(i) the intimation already sent for any gift-tax, additional gifttax or interest shall be amended on the basis of the said revised return and where any amount payable by way of gift-tax, additionaljjift-tax or interest specified in the said intimation has already been paid by the assessee then, if any such amendment has the effect of— 1(a) enhancing the amount already paid, the intimation am­ended under this clause shall be sent to the assessee specifying the excess amount payable by him and such intimation shall be 5 deemed to be a notice of demand issued under section 38 and ■( all the provisions of this act shall apply accordingly;(f>) reducing the amount already paid, the excess amountpaid shall be refunded to the assessee;(ii) the amount of the refund already granted shall be en- lo hanced or reduced on the basis of the said revised return and where the amount of refund already granted is—(a) enhanced, only the excess amount of refund due to the assessee shall be paid to him;(b) reduced, the excess amount so refunded shall be deemed 15to be the tax payable by the assessee and an intimation shall be sent to the assessee specifying the amount so payable, and such intimation shall be deemed to be a notice of demand issued under section 38 and all the provisions of this act shall apply accordingly; jprovided that an assesse, who has furnished a revised return under section 13 after the service upon him of the intimation under sub-section(1) of this section, shall be liable to pay additional gift-tax in relation to the adjustments made under the first proviso to clause (a) of sub­section (1) and specified in the said intimation, whether or not he has 25 made the said adjustments in the revised return(4) where a return has been made under section 12 or section 13 or in response to a notice under clause (i) of sub-section (6) of this sec­tion, the assessing officer shall, if he considers it necessary or expedi­ent to ensure that the assessee has not omitted to disclose any taxable ^ gift or has not understated the amount or value of any such gift or has not under-paid the tax in any manner, serve on the assessee a notice requiring him, on a date to be specified therein, either to attend, at the office of the assessing officer or to produce, or cause to be produced there, any evidence on which the assessee may rely in support of the return;provided that no notice under this sub-section shall be served on the assessee after the expiry of the financial year in which the return is furnished or on the expiry of six months from the end of the month in which the return is furnished, whichever is later 40(5) on the date specified in the notice issued under sub-section (4) or, as soon afterwards as may be, after hearing such evidence as the assessee may produce and such other evidence as the assessing officer£■ r a,,et " » " »«u «to order in writine s « « 'n,h''" gathered the assessing officer shall, by iand determine the sum payable v ,^xable sfts; received by the assessee sum payablc b5' hlm °n the basis of such assessment5a ,j " n"f° ^ ! , p0,p" " ' ° ' " " kl" s " —<m under this act, the under m™, ; , ! , " ", " " y p" !<'n h«- " - - return notice reaitirino- bim a furmshmg the return has expired, a- 1 g him, on a date to be specified therein,__allowed p p t h pf rson has not made a return within the time i taxable ' iff p ° \ p ° f secti° n 12' t0 furnish a return the taxable gifts received by him or of the taxable gifts received hv" t"\ ° ' wmch '-------- >• u u t s ts i15s s i b s t r and setting forth such °^her » 4 beor otw ' h pr°duc! °r cause t0 be producc(i such accounts, records or other documents as the assessing officer may require,(7) if any person,—20_ , (a\ falls to make the return required under sub-section (2)undtr v has n0t made a return or a revised returnunder section 13, or(b) fails to comply with all the terms of a notice issued under sub-section (4) or sub-section (6),25 the assessing officer, after taking into account all relevant material w ich he has gathered, shall, after giving such person an opportunitv f being heard _ estimate the value of taxable gifts to the best of his judgment and determine the sum payable by such person on the basis of such assessment: - __ i30 provided that such opportunity shall he given by the assessing offi­ah w7 onl a up°n thp pgrs0n t0 show " use, on a date and time to be specified in the notice, why the assessment should not g completed to the best of his judgment:35 nit pr°vlded further tkat it shall not be necessary to give such opportu­nity ,n a case where a notice under sub-section (6) has been issued prior to the making of the assessment under this sub-sectionnf j v notwithstandinr anything contained in section 6, for the purpose of making an assessment under this act where under the provisions of 40 section 6 read with schedule it the fair market value of any property transferred by wav of gift is to be taken into account in such assessment, assessing officer may refer the valuation of such property to the valuation officer,—fa) m a case, where the value of the property as returned in accordance with the estimate made by a registered valuer, if theassessing officer is of opinion that the value so returned is less than its fair market value;(b) in any other case, if the assessing officer is of opinion—(i) that the fair market value of the property exceeds the value of the property as returned by more than such percentage 5 of the value of the property as returned or by more than such amounts as may be prescribed in this behalf; or i - | (ii) that having regard to the nature of the property andother relevant circumstances, it is necessary so to do, 10- tr - , - and where any such reference is made, the provisions of sub-sections (2),(3) 0, (5) and (6) of section 16a, clause (ho) of sub-section (1) and sub-section (3a) and (4) of section 23, sub-section (5) of section 24, section 34aa section 35 and section 37 of the wealth-tax act, shall with the necessary modifications, apply in relation to such reference as 15 they apply in relation to a reference made by the assessing officer under sub-sefction (i) of section isa of that act(9) where a regular assessment under sub-section (5) or sub-section(7) is made,—(o) any tax or interest paid by the assessee under sub-section 20(2x stall be deemed to have been paid towards such regular assess­ment;(b) if no refund is due on regular assessment or the amount refunded under sub-section (1) exceeds the amount refundable on regular assessment, the whole or the excess amount so refunded 25 shall be deemed to be tax payable by the assessee and the provisions of this act shall apply according17 (1) if the assessing officer has reasons to believe that the tax­able gifts in respect of which any person is assessable under this act (whether received by him or by any other person) have escaped assess- 30 ment for any assessment year (whether by reason of under-assessment or assessment at too low a rate or otherwise), he may, subject to the other provisions of this section and section 18, serve on such person a notice requiring him to furnish within such period, not being less than thirty days, as may be specified in the notice, a return in the prescribed 35 form and verified in the prescribed manner, setting forth the taxable gifts received by him or by such other oerson during the previous year mentioned in the notice, in respect of which he is assessable, along with such other particulars as may be required by the notice, and may pro­ ceed to assess or re-assess such gifts and also any other taxable gifts 40 in respect of which such person is assessable, which have escaped assess­ ment and which come to his notice subsequently in the course of the proceedings under this section for the assessment year concerned (here­ after in this section referred to as the relevant assessment year); and the provisions of this act stall, so far as may be, applv as if the return 45 were a return required under section 12:- " 7 ivjf1_ provided that where an assessment under sub-section (5) of section 16 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any taxable gift 5 chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to make a return under section 12 or section 13 or in response to a notice issued under sub­section (6) of section 16 or this section or to disclose fully and truly all material facts necessary for his assessment for that assessment year:| jo provided further that the assessing officer shall, before issuing any notice under this sub-section, record his reasons for doing soexplanation—production before the assessing officer of account books or other evidence from which material evidence could with due diligence have been discovered by the assessing officer will not neces- 15 sarily amount to disclosure within the meaning of the forgoing proviso(2) no notice under sub-section (1) shall be issued for the relevant assessment year,— f j(a) in a case where an assessment under sub-section (5) of secsection 16 or sub-section (1) of this section has been made for such20 assessment year,— | ;(i) if four years have elapsed from the end of the rele­vant assessment year, unless the case falls under sub-section (ii) or sub-clause (in);(ll> lf four years, but not more than seven years, have elapsed from the end of the relevant assessment year, unless the value of taxable gifts chargeable to tax which have escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year;(ui) if seven years, but not more than ten years, have elap- -50 sec^ from the end of the relevant assessment year, unless the value of taxable gifts chargeable to tax which have escaped assessment amounts to or is likely to amount to rupees one lakh or more for that year; (b) in any other case,— | j 35 (0 if four years have elapsed from the end of the relevantassessment year, unless the case falls under sub-clause (ii) or sub-clause (hi) ; ] i(ii) if four years, but not more than seven years, have elap­sed from the end of the relevant assessment year, unless the40 value of taxable gifts chargeable t0 tax which have escapedassessment amounts to or is likely to amount to rupees twenty-five thousand or more for that year;(ui) if seven years, but not more than ten years, have elap­sed from the end of the relevant assessment year, unless the 4j value of taxable gifts chargeable to tax which have escapedassessment amounts to or is likely to amount to rupees fiftv thousand or more for that yearexplanation<—for the purposes of sub-section (1) and sub-section(2), the following shall also be deemed to be cases where taxable gifts chargeable to tax have escaped assessment, namely: —(a) where no return of taxable gifts has been furnished by the assessee although the taxable gifts received by him or the taxable 5 gift received by any other person in respect of which he is assessable under this act during the previous year exceeded the maximum amount which is not chargeable to gift-tax;(b) where a return of taxable gifts has been furnished by the assessee but ho assessment has been made and it is noticed by the 10 assessing officer that the assessee has understated the amount or value of the taxable gifts or has claimed excessive exemption in the return ](3) (a) in a case where an assessment under sub-section (5) of section 16 or sub-section (i) of this section has been made for the rele- jj vant assessment year, no notice shall be issued under sub-section (i) by an assessing officer, who is below the rank of assistant commissioner, unless the deputy commissioner is satisfied on the reasons recorded by such assessing) officer that it is a fit case for the issue of such notice:provided that, after the expiry of four years from the end of the 2q relevant assessment year, no such notice shall be issued unless the chief commissioner or commissioner is satisfied, on the reasons record­ed by the assessing officer aforesaid, that it is a fit case for the issue of such notice(b) in a case, other than a case falling under clause (a), no notice 25 shall be issued under sub-section (i) by an assessing officer, who is below the rank of deputy commissioner, after the expiry of four years from the end of the relevant assessment year, unless the deputy com­missioner is satisfied, on, the reasons recorded by such assessing officer, that it is a fit case for the issue of such notice jq(4) nothing contained in this section limiting the time within which any proceedings for assessment or reassessment may be commenced shall apply to an assessment or reassessment to be made on the assessee or any person in consequence of or to give effect to any finding or direction contained in an order under section 27, section 28, section 29, ^ section 31 or section 33 or by a court in any proceedings under any other law ! !18- (1) no order of assessment shall be made under section 16 at any time after the expiry of two years from the end of the assessment year in which the gifts were first assessable 40time limit for comple­tion of assess­ment and reassess­ment(2) no order of assessment or reassessment shall be made under section 17 after the expiry of two years from the end of the financial year in which the notice under sub-section (1) of that section was served ! 1(3) notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment in pursuance of an order passed undersection 2?, section 28, or section 29, setting aside or cancelling an assess­ment, may be made at any time before the expiry of two years from the end of the financial year in which the order under section 27 or section 28 is received by the chief commissioner or commissioner or, as the 5 case may be, the order under section 29 is passed by the chief commis­sioner or commissioner(4) the provisions of sub-sections (1) and (2) shall not apply to the assessment or reassessment made on the assessee in consequence of, or to give effect to, any finding or direction contained in an order under 10 section 27, section 28, section 29, section 31 or section 33 or in an order of any court in a proceeding otherwise than, by way of appeal or refer­ence under this act and such assessment or reassessment may, subject to the provisions of sub-section (3), be completed at any timeexplanation 1—in computing the period of limitation for the pur- 15 poses of this section— ■(i) the time taken in reopening the whole or any part of the proceeding or in giving an opportunity to the assessee to be reheard under the proviso to section 51, or(ii) the period during which the assessment proceeding is stay- 20 ed by an order or injunction of any court, shall be excluded >explanation 2—where, by an order referred to in sub-section (4) , any gift is excluded from the taxable gifts for an assessment year in respect of an assessee, then, an assessment of such gift for another as­sessment year shall, for the purposes of sub-section (4) of section 17 and this section, he deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order19 (1) where a return of gifts for any assessment year under sub­section (i) of section 12, or section 13, or in response to a notice under 30 clause (i) of sub-section (6) of section 16, is furnished after the 30th day of june -of such year, or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent, for every month or part of a month comprised in the period commencing on the 1st day of july of the assessment year and,—| 35 | (a) where thg return is furnished after the 30th day of june ||------------------------------------------------------------|----------------------------------------------------------------|| ending on the date of furnishing of the return; oi' | || (b) | || where n,o return has been furnished, ending on the date of | || completion of the assessment under | sub-section (7) of section 16, |on the amount of tax payable on the taxable gifts as determined under 40 sub-section (1) of section 16 or on regular assessmentexplanation 1—in this sub-section, "tax payable on the taxable gifts as determined under sub-section (1) of section 16" shall not include the additional gift-tax, if any, payable under section 16interest for de­faults in furnish­ing return of giftsexplanation 2—where in relation to an assessment year, the assess­ment is made for the iirst time under section 17, the assessment so made shall be regarded as a regular assessment for the purposes of this sectionexplanation 3—in this sub-section, "tax payable on the taxable gifts as determined under sub-section (1) of section 16 or on regular assess- j ment" shall, for the purposes of computing the interest payable under section 15" be deemed to be tax payable on the taxable gifts as declared in the return(2) the interest payable under sub-section (1) shall be reduced by the interest, if any, paid under section 15 towards the interest chargeable jq under this section(3) where the return of gifts for any assessment year, required by a notice under sub-section (1) of section 17 issued after the determination of taxable gifts unaer sub-section (1) of section 16 or alter the comple­tion of an assessment under suo-section (5) or sub-section (7) of section 16 or section 17, is furnished after the expiry of the time allowed under such notice, or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent, lor every month or part of a month comprised in the period commencing on the day immediately following the expiry of the time allowed as aforesaid, and,— 20(a) where the return is furnished after the expiry of the time aforesaid, ending on the date of furnishing the return; or(b) where no return has been furnished, ending on the date of completion of the reassessment under section 17on the amount by which the tax on the taxable gifts determined on the 25 basis of such reassessment exceeds the tax on the taxable gifts as 'deter­mined under sub-section (1) of section 16 or on the basis of the earlier assessment aforesaid(4) where, as-a result of an order under section 27 or secton 28 or sec non 29 of section 31 or section 33 or section 42, the amount of tax on jq which interest was payable under this section has been increased or reduced, as the ease may be, the interest shall be increased or reduced accordingly, and,—(i) in a case where the interest is increased, the assessing officer shall serve on the assessee a notice of demand in the prescribed ^ form specifying the sum payable, and such notice of demand shall be deemed to be a notice under section 38 and the provisions of this act shall apply accordingly, and(ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded 4020 (1) if the assessing officer, deputy commissioner (appeals), commissioner (appeals), chief commissioner or commissioner or appellate tribunal, in the course of any proceedings under this act, is satisfied that any person'— (a) has failed to comply with a notice under sub-section (4) or 45 sub-section (6) of section 16; or(b) has concealed the particulars of any gift or deliberately furnished inaccurate particulars thereof,penaltyforfailure tofurnishreturns,to complywithnotices andconceal­ment of gifts, etclie or it may, by order in writing, direct that such person shall pay by way of penalty— 7 y| 0 ) in the | cases referred to in clause (a), in addition to the ||--------------------------------------------------------------------|--------------------------------------------------------|| amount of gift-tax payable by him, a sum which shall not be less | || than one thousand rupees but which may extend to | twenty-five || thousand rupees for each such failure; | || 10 | || (ii) in the cases referred to in clause (b), in addition to any | || gift-tax payable by him, a sum which shall not be less than twenty | || per cent, but which shall not exceed one and half times the amount | || of the tax if any, which would have been | avoided if the return || made by such person had been accepted as correct: | |provided that in the cases referred to in clause (a), no penalty s all be imposable if the person proves that there was a reasonable cause for the failure referred to in that clause-id explanation— where any adjustment is made in the taxable giftsdeclared in the return under the first proviso to clause (a) of sub-section(1) of section 16 and additional gift-tax charged under that section, the provisions of this sub-section shall not apply in relation to the adjust­ments so made20 (2) no order imposing a penalty under sub-section (1) shall bemade unless the assessee has been heard or has been given a reasonable opportunity of being heard |(3) no order imposing a penalty under sub-section (1) shall bemade,—; 125(i) by the income-tax officer, where the penalty exceeds ten thousand rupees;(ii) by the assistant commissioner, where the penalty ex­ceeds twenty thousand rupeesj 'except with the prior approval of the deputy commissioner30 (4) a deputy commissioner (appeals), a commissioner (appeals),a chief commissioner or commissioner or the appellate tribunal on making an, order under this section imposing a penalty, shall forthwith send a copy of the same to the assessing officer,(5) no order imposing a penalty under this section shall be passed—| 35 | (i) in a case where the assessment to which the proceedings for ||-----------------------------------------------------------------------|-------------------------------------------------------------------|| imposition of penalty relate is the subject-matter of an appeal to | || the deputy commissioner (appeals) nr | commissioner || under section 27 or an appeal to the appellate tribunal under sub­ | || section ( | || 2) | || of section 28, after the expiry of the financial vear in | || 40 | which th£ proceedings, in the course of which action for the im­ || position of penalty has beer initiated, are como1et°d n- six months | || from the end of the month m which the order of the denutv com­ | || missioner (appeals) or the commissioner (appeals) or as the case | || may be, the appellate tribunal is received by the chief commis- | || 45 | sioner or commissioner, whichever is later; || (ii) in a case where the relevant ||---------------------------------------------------------------------|| matter of revision under sub-section (2) of section 29, after the || expiry of six months from the end of the month in which such order || of revision is passed; || (in) || in any other case, after the expiry of the financial year in-5 || which the proceedings, in the course of which action for the impo­ || sition of penalty has been initiated, are completed, or six months || from the end of the month in which action for imposition of penalty || is initiated, whichever period expires later |explanation— in computing the period of limitation for the purposes 10 of this section,—(i) the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 51, and(ii) any period during which a proceeding under this section for the levy of penalty is stayed by an order or injunction of any 1'5 court, shall be excluded |21 (1) if a person,—(o) being legally bound to state the truth of any matter touch­ing the subject of his assessment, refuses to answer any question 20 put to him by a gift-tax authority in the exercise of his powers under this act; or (b) refuses to sign any statement made by him in the course of " any proceedings under this act, which a gift-tax authority may legally require him to sign; or 2jpenaltyforfailure to answer questions, sign state­ments, furnish informa­tion, allow inspec­ tion, etc(e) to whom a summons is issued under sub-section (1) of sec­tion 49, either to attend to give evidence or produce books of account' or other documents at a certain place and time omits to attend or produce the books of account or documents at the place and time,he shah pay, by way of penalty, a sum which shall not be less than five; 3q hundred rupees but which may extend to ten thousand rupees' for each such default or failure; ■provided that no penalty shall be imposable under clause (c) if the - person proves that there was reasonable cause for the said failure(2) if a person fails to furnish in due time any statement or infor- 35 mation which such, person is bound to furnish to the assessing officer under section 50, he shall pay, by way of penalty,, a sum which shall not be less than one hundred rupees but which may extend to two hundred rupees for every day during which the failure continues:provided that no penalty shall be imposable under this sub-section 40, of the person proves that there was reasonable cause for the said failure ^- r- ,'ry ■(3) any penalty imposable under sub-section (1) or sub-section (5) shall be imposed,-—(a) in a case where the contravention, failure or default in res­pect of which such penalty is imposable occurs in the course of any i proceeding before a gift-tax authority not lower in rank than a deputy director or a deputy commissioner, by such gift-tax autho­rity;(b) in any other case, by the deputy director or the deputy commissioner, t /1 - (4) no order under this section shall be passed by any gift-tax autho­rity referred to in sub-section (3) unless the person on whom penalty is proposed to be imposed has been heard or has been given a reasonable opportunity of being heard in the matter by such authorityexplanation—in this section, "gift-tax authority'' includes a d'rec- 15 tor general, director, deputy director, assistant director or valuation officer while exercising the powers vested in a court under the code of iollsob, civil procedure, 1908 when trying a suit in respect of the matters speci­fied in sub-section (1) of section 49 chapter v20 l iability to assessment in special cases; 22 (1) where a person dies, his executor, administrator or other deceased legal representative shall be liable to pay out of the estate of the deceased payl'bie person, to the extent to which the estate is capable of meeting by legal the charge, the gift-tax determined as payable by such person, or any rcpresen- 25 sum which would have been payable by him under this act, if he had tatvenot died(2) where a person dies without having furnished a return under section 12 or after having furnished a return which the assessing officer has reason to believe to be incorrect or incomplete, the assessing officer 30 may make an assessment of the value of the taxable gifts received by ' such person and determine the gift-tax payable by him, and for this purpose may, by the issue of the appropriate notice which would have had to be served upon the deceased person if he had survived, require from the executor, administrator or otner regal representative of the 35 deceased person any accounts, documents, or other evidence which mightunder the provisions of section 16, have been required from the deceased person(3) the provisions of sections 12, 13 and 17 shall apply to an executor, administrator or, other legal representative as they apply to any person 40 referred to in those sections23 (1) notwithstanding anything contained in section 3, when it mentof appears to the assessing officer that any individual may leave india persons during the current assessment year, or shortly after its expiry and leaving that he has no present intention of returning to india, the gifts received india45 by such individual during the period from the expiry of the previous year for that assessment year up to the probable date of his departure from india, shall be chargeable to gift-tax in that assessment yeartax of(2) the taxable gifts received in each completed previous year of part of any previous year included in such period shall be chargeable to gift-tax at the rate or rates specified in schedule i, and separate assess­ments shall be made in respect of each such completed previous year or part of any previous year 5(3) the assessing officer may estimate the value of the gifts receiv­ed by such individual during such period or any part thereof, where it cannot be readily determined in the manner provided in this act(4) for the purpose of making an assessment under sub-section (1>, the assessing officer may serve a notice upon such individual requiring 10 him to furnish,, within such time, not being less than seven days, as may be specified in the notice, a return in the same form and verified in the same manner as a return under sub-section (1) of section 12, giving particulars of the gifts received by him during each completed previous year comprised in the period refered to in sub-section (!) lj and during any part of the previous year comprised in that period; and the provisions of this act shall, so far as may be, and subject to the provisions of this section, apply as if the notice were a notice issued under clause (i) of sub-section (6) of section 16(5) the gift-tax chargeable under this section shall be in addition 20 to the tax, if any, chargeable under any other provision of this act(6) where the provisions of sub-section (1) are applicable, any notice issued by the assessing officer under clause (i) of sub-section(6) of section 16 or under section 17 in respect of any gift-tax charge­able under any other provisions of this act may, notwithstanding any- 25 thing contained in clause (1) of sub-section (6) of section 16 or section 17, as the case may be, require, the furnishing of the return by such individual within such period, not being less than seven days, as the assessing officer may think proper24 (1) where the gift of any property is made in favour of a minor 3q lunatic or idiot, the guardian or manager who is entitled to receive ot manage the property on behalf of such minor, lunatic or idiot shall be the representative assessee(2) every representative assessee shall be deemed to be ah assessee for the purposes of this act 35(3) every representative assessee, as regards the gift in respect of which, he is a representative assessee, shall be subject to the same duties, responsibilities and liabilities as if the gift were gift received by him, and shall be liable to assessment in his own name in respect of that gift; but any such assessment shall ba deemed to be made upon him in 40 his representative capacity only, and the tax shall be levied upon and recovered from him in like manner and to the same extent as it would be leviable upon and recoverable from the person represented by him(4) every representative assessee who, as such, pays any sum under this act, shall be entitled to recover the sum so paid from the person on 45 whose behalf it is paid, or to retain out of any moneys that may be in his possession or as may be received by him in his representative capacity, an amount equal to the sum so paid, , , j- 'hp n !? t repref ntative le ss e e , or any person who apprehends that he may be assessed as a representative assessee, may retain out of anv money payable by him t0 be person on whose' b e ^ j t l t b ta t o5 e i r+( tdafter " se" ti0n ref61ted as e principal) a sum 5 equal to his estimated liability under this act, and in the event of or pessong aser s t principal and representative assessee z z z t0 be s° retained' such representati \re assessee am ount ty sccu? fr°m the assessins officer a certificate stating the 10 r i ° s° ret!,md pendin^ final settlement of the liability, and certificate so obtained shall be his warrant for retaining that amount(6) the amount so recoverable from such representative assessee or person at the tune of final settlement shall not exceed the amount spe­cified m such certificate, except to the extent to which such representafive assessee or person may at such time have in his hands additional j assets of the principal, ,, t wll" e an^ ceyson is respect of any gift, assessable under this act in the capacity of a representative assessee, he shall not m respect of that gift, be assessed under any other provision of this a ct25, (1) where,— i202530(i) at the time of making an assessment, it is brought to> the notice of the assessing officer that a partition has taken place among the members of a hindu undivided family, and the assessing officer after enquiry, is satisfied that the joint family property has been partitioned among the various members or groups of members in definite portions, he shall record an 0rdcr to that effect and he shall make assessments on the value of the taxable gifts received bv the family as such as if no partition had taken place and each member or group of members shall be liable jointly and severally for| the tax assessed on the value of the? taxable gifts made bv the joint family as such: provided that where the assessing officer is not so satisfied he may, by order, declare that such family shall be deemed for 'the purposes of this act to continue to be a hindu undivided family;3540(«) a firm or association of persons liable to pay gift-tax has been discontinued or dissolved, the assessing officer shall determine the gift-tax payable by the firm or association, of persons as such as if no such discontinuance or dissolution had taken place and every person who was at the time of such discontinuance or dissolution, a partner of the firm or a member of the association, as the case may be, shall be jointly and severally liable for the amount 0f tax or penalty payable, and all the provisions of chapter vii, so far as may be, shall apply to any such assessment or imposition of penalty(2) if the assessing officer, the deputy commissioner (appeals)", the commissioner (appeals) or the appellate tribunal in the course of 45 sny proceeding under this act in respect of any such firm or other asso­ciation of persons as is referred to in clause (it) of sub-section (i) is satisfied that the firm or association is guilty of any of the acts specified inliability after partition of a hindu undivided family and in the case of dis­conti­nued firm or associatonof personsfclaiise (a) or clause (b) or clause (c) of sub-section (1) of section 20 he dr it may impose or direct the imposition of a penalty in accordance with the provisions of that section' 26 (i) every person— ; p ;:(a) who is the liquidator of any company which is being wound 5 - up, whether under the orders of a court or otherwise; or(by who has been appointed the receiver of any assets of th"ei company,(hereinafter referred to as the liquidator) shall, within thirty days after he has become such liquidator, give notice of his appointment as 10 such to the assessing officer who is entitled to assess the taxable gifts received by the company ■(2) the assessing officer shall, after making such enquiries or calling for such information as he may deem fit, notify to the liquidator within three months from the date on which he receives notice of the appoint- 5 ment of the liquidator the amount which, in the opinion of the assessing officer, would be sufficient to provide for any tax which is then, or is likely thereafter to become, payable by the company :(3) the liquidator—-(" ) shall not, without the leave of the chief commissioner or 20 commissioner, part with any of the assets of the company or the properties in his hands until he has been notified by the assessing officer under sub-section (2); and r (k) on being so notified, shall set aside an amount, equal to the amount notified and, until he so sets aside such amount, shall not 25part with any of the assets of the company or the properties in his hands; -provided that nothing contained in this sub-section shall debar the liquidator from parting with such assets or properties for the purpose of the payment of the tax payable by the company or for making any 30 payment to secure creditors whose debts are entitled under law to priority of payment oyer debts due t0 government on the date of liquidation or for meeting such costs and expenses of the wounding up of the company as are in the opinion of the chief commissioner or com­ missioner reasonable, 35(4) if the liquidator fails to give the notice in accordance with sub­section (i) or fails to set aside th|e amount as required by sub-section (3) or parts with any of the assets of the company or the properties in his hands in contravention of the provisions of that sub-section; he shall be personally liable for the payment of the tax which the company would bh liable to pay: j ■4uprovided that if the amount of any tax payable by the company is notified under sub-section (2); the personal liability of the liquidator under this sub-section shall be to the extent of such amount(5) where there are more liquidators than one, the obligations and liabilities attached to the liquidator under this section shall attach to all the liquidators jointly and severally crapter vi a ppeals, revisions and references27 (1) subject to the provisions of sub-section (2), any persons—(a) objecting to the value of taxable gifts determined under this act; or(b) objecting to the amount of gift-tax determined as payable by him under this act; or(c) denying his liability to be assessed under this act; or (d) objecting to any penalty imposed by the assessing officer under section 20; or15(e) objecting to any order of the assessing officer under clause (i) of sub-section (1) of section 25; or(f) objecting to any penalty imposed by the assessing officer under sub-section (1) of section 221 of the income-tax act as applied under section 40 for the purposes of gift-tax; or t>v , (g) objecting to an order of the assessing officer under section2042 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under that section, may appeal to the deputy commissioner (appeals) against the assess­ ment or order, as the case may be, in the prescribed form and verified in 25 the prescribed manner:' : provided that no appeal shall lie under clause (f) unless the tax has been paid before the appeal is filed(2) notwithstanding anything contained in sub-section (1), any person—30(a) objecting to the value of taxable gifts determined under this act or objecting to the amount of gift-tax determined as payable by him or denying his liability to be assessed under this act where the' value of taxable gifts determined on assessment exceeds two lakh rupees; or(b) objecting to any assessment or order referred to in clauses(o) to (g) (both inclusive) of sub-section (1), where such assessmentor order has been made by the deputy commissioner in exercise of the powers or functions conferred on or assigned to him under sec­tion 7 or section 10; or40 (c) objecting to any penalty imposed under sub-section (1) ofsection 20 with the previous approval of the deputy commissioner as specified in sub-section (3) of that section; ori ts - ' ' '(d) objecting to any penalty imposed by the deputy director or the deputy commissioner under section 21; or| (e) ||------------------------------------------------------------------------|| case of such persons or classes of persons as the board may, having || regard to the nature of the eases, the complexities involved and other || relevant considerations, direct, |may appeal to the commissioner (appeals) against the assessment or 5 order, as the case may be, in the prescribed form and verified in the prescribed manner:provided that no appeal shall lie under clause (b) of this sub-section against any order referred to in clause (f) of sub-section (1) unless the tax has been paid before the appeal is filed 10(3) notwithstanding anything contained in sub-section (2 ),the board or the director general or the chief commissioner or the commissioner, if so authorised by the board, may, by order in writing, transfer any appeal which is pending before a deputy commissioner (appeals) and any matter arising out of or connected with such appeal and which is so lj pending, to the commissioner (appeals), if the board or as the case may be, the director 'general, the chief commissioner or the commissioner (at the request of the appellant or otherwise) is satisfied that it is neces­sary or expedient so to do having regard to the nature of the case, the complexities involved and other relevant consideration and the com- ^0 missioned (appeals) may proceed with such appeal 0r matter from the stage at which it was before it was so transferred:provided that the appellant may demand that before proceeding fur­ther with the appeal or matter, the previous proceeding or any part thereof he reopened or that he be reheard 25(4) an appeal shall he presented within thirty days of the receipt of the notice of demand relating to the assessment or penalty objected to, or the date on which any order objected to, is communicated to him, but the deputy commissioner (appeals) or, as the case mav be, the commis­ sioner (appeals) may admit an appeal after the expiration of the period 30 aforesaid if he is satisfied that the appellant had sufficient cause for not presenting the appeal within that period-(5) the deputy commissioner (appeals) nr as the case may he, the commissioner (appeals) shall fix a day ard place for the hearing of the appeal and may from time to time adjourn the hearing 35(<5) the deputy commissioner (appeals) or, as the1 case may he, the commissioner (appeals) may,—(a) at the hearing of an appeal, allow an appellant tn g0 into any ground of appeal, not specified in the grounds of appeal;(h)' before disposing of an appeal, make such further inquiry 40 as he thinks fit or cause further inquiry to he made hv the assessing officer ! - i(7) in disposing of an appeal, the deputy commissioner (appeals) or, as the case may be, the commissioner (appeals), may pass such order as he thinks fit which may include an order enhancing the amount of gift-tax determined or penalty imposed:5 provided that no order enhancing the amount of gift-tax determined or penalty imposed shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement•<i >• : c ev- a, j -■ - - h:y vj, \ , 1 ,(8) in disposing of an appeal, the deputy commissioner (appeals) 10 or, as th)e case may be, the commissioner (appeals), may consider anddecide any matter arising out of the proceedings in which the order ap­pealed against was passed, notwithstanding that such matter was not raised before the deputy commissioner (appeals) or,'ns the case may be, the commissioner (appeals) by the appellant15 (9) the order of the deputy commissioner (appeals) or, as thec%s£ ipay, be, the commissioner (appeal:-;) disposing of the appeal shall be-in writing and shall state the points lor determination, the decision thereon and the reasons for the decision(10) a copy of every order passed by the deputy commissioner 20 (appeals) or, as the case may be, the commissioner (appeals), under this section, shall be forwarded to the appellant and the chief commissioner or commissioner28 (i) an assesses, objecting to an order passed by the deputy commissioner (appeals) or, the commissioner (appeals) under section 25 20 or section 21 or section 27 may appeal to the appellate tribunal within sixty days of the date on which the order is communicated to himseiaj ,, - j: ,(2) the commissioner may, if he is not satisfied as to the correct­ness of any order passed by a deputy commissioner (appeals) i or, a commissioner (appeals) under section 27, direct the assessing officer30 to appeal to the appellate tribunal a'gaint such order, and such appeal may be made at any time before the expiry of sixty days of the date on which the order is communicated to the commissioner ■(3) the assessing officer or the assessee, as the! case may be, on receipt of tha notice that an appeal against the, ordqr of the deputy35 commissioner (appeals) or the commissioner (appeals), has'been pre­ferred under sub-section (1) or sub-section (2) by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross objections, verified in the prescribed manner, 40 against any part of the order of the deputy commissioner (appeals) or the commissioner (appeals'), and such memorandum shall be disposed of by the appellate tribunal as ie it were an appeal presented within the time specified in sub-section (1) nr sub-section (2)(4) the appellate tribunal may admit an appeal or permit the fid45 ing of a memorandum of cross objections after the expiry of the rele-vant period referred to in sub-section (i) or sub-section (2) or subsection (3) it it is satisfied that there was sufficient cause for not pre­senting it within that period(5) an appeal to the appellate tribunal shall be in the prescribed form and shali be verified in the prescribed manner and shall, except in 5 the case of an appeal referred to in sub-section (2), be accompanied by a fee of two hundred rupees(6) the appellate tribunal may, after giving the parties to the ap­peal an opportunity of being heard, pass such orders thereon as it thinks nvf'and any such orders may include an order enhancing the amount of 10 giit-tax determined or penalty imposed:> ! provided that no order enhancing the amount of gift-tax determined or penalty imposed shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such en­hancement 15(7) a copy of every order passed by the appellate tribunal under this section shall be forwarded to the assesses and the commissioner,(s) save as provided in section 31, any order passed by the appel­late tribunal on appeal shall be final(9) the provisions of sub-sections (i>, (4) and (5) of section 255 of 20 the income-tax act shall apply to iiie appellate tribunal in the dischar­ ge of its function under this act as they apply to it in the] discharge of its functions under the income-tax act2a (1) the commissioner may, either on his own motion or on ap­plication made by an assessee in this behalf, call for the record of any proceeding under this act in which an order has been passed by any authority subordinate to him, and may make such enquiry, or cause such enquiry to be made, and, subject to the provisions of this act, pass such order thereon, not being an order prejudicial to the assessee, as the commissioner thinks fit: --powers of commis­sioner to revise orders of subordi­nate authori­tiesprovided that the commissioner shall not revise any order under this sub-section in any case—(a) where an appeal against the order lies to the deputy com­missioner (appeals) or to the commissioner (appeals) or to the appellate tribunal and the time within which such appeal can be made has not expired or, in the case of an appeal to the commis­sioner (appeals) or to the appellate tribunal, the assessee has not waived his right of appeal;(b) where the order is pending in appeal before the deputy commissioner (appeals) or lias been the subject of an appeal to the 40 commissioner (appeals) or to the appellate tribunal;(c) where the application is made by the assessee for such re­vision unless—' - (i) the application is accompanied by a fee of rupees twenty-five; and(ii) the application is made within one year from the date of the order sought to be revised or within such further period as the commissioner may think fit to allow on being satisfied that the assessee was prevented by sufficient cause from making 5 the application within that period; and(d) where the order is sought to be revised! by the commission­er on his own motion, if such order ig made more than one year previously 1explanation■—for the purposes of this sub-section,—| 10 | (a) the deputy commissioner (appeals) shall be deemed to be ||-----------------------------------------------------------|---------------------------------------------------------------|| an authority subordinate to the commissioner; and | || (b) an order by the commissioner declining | to interfere shall || be deemed not to be an order prejudicial to the assessee | |(2) without prejudice to the provisions contained irs pub-section15 (1), the commissioner may call for and examine the record of any pro­ceeding under this act, and if he considers that any order passed there­in by an assessing officer is erroneous in so far as it is prejudicial to the interest of revenue, he may, after giving the assessee an opportu­nity of being heard, and after making or causing to be made such en-20 quiry as he deems necessary, pass such order thereon as the circum­stances of the case justify including an order enhancing or modifying the assessment or cancelling it and directing a fresh assessmentexplanation—for the removal of doubts, it is hereby declared that, for the purposes of this sub-section,—25 (a) an order passed by the assessing officer shall include anorder passed by the deputy commissioner in exercise of the pow­ers or in performance of the functions of an assessing officer con­ferred on or assigned to him under orders or directions issued by the board or by the chief commissioner or director general or30 commissioner authorised bv the board in this behalf under section 120 of the income-tax act read with' section 7 of this act;(b) " record" shall include all records relating to any proceed­ing under this act available at the time of examination by the com­missioner;35 (c) where any order referred to in this sub jection and postedby the assessing officer had been the subject-matter of any appeal, the powers of the 'commissioner under this sub-section sb' 1 ex­tend to such matters as had not been considered and decided in such appeal 140 (3) no order shall be made under sub-section (2v after the expiryof two years from the end of the financial year in which the order sought to be revised was passedexplanation— in computing the period of limitation fo- purpose of this sub-section, the time taken in giving an opportunity to the assessee45 to be reheard under the proviso to section 51 and any period du-ng which anv proceeding under this section is stayed by an order or in junction of any court shall be excludedappeal30 (1) an assessee objecting to an order of penalty passed by the chief commissioner or commissioner under section 20 or section 21 or to an order of enhancement passed by him under section 2s) or an order passed by the director general or director under section 21 may ap­ peal to the appellate tribunal within sixty days of the date on which 5 the order is eomfnun'oated to him,(2) an appeal to the appellate tribunal under sub-section (1) shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of two hundred rupeesto theappellate tribunal from orders of penalty or enhance­ment by chief jommissi'oner or commis­sioner(3) thai provisions of sub-sections ( 4), (6), (7) and (s) of section 23 10 shall apply in relation to any appeal under thfs section as they apply in relation to any appeal under that sectionrefer­ence to high chief31 (1) the assessee or the chief commissioner or commissioner may, within sixty days of the date upon which he is served with notice of an order' under -section 28 or section 30 by application in the prescri- 35 bed form, accompanied, where the application is made by the assessee, by a fee of two hundred rupees require the appellate trbunal to re­ fer to the high court any question of law arising out of such order and, subject to the other provisions contained in this section, the appel­late tribunal shall, within ore hundred and twenty days bf the receipt ""'it ' of such application, draw up a statement of the case and- refer it to the /uhigh court(2) the appellate tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application with­ in the period specified in sub-section (1), allow it to be presented with- 25 in a further period not exceeding thirty days(3) tf on an application made under sub-section (1), the appellate tribunal,—(a) refuses to state a case on the ground that no question of lawarises, or 30(b) rejects it on the ground that it is time-barred, the applicant may within ninety days from the date on which he is served with a notice bf refusal or rejection, as the case may be apply to the high court, and the high court may, if it is not satisfied with the correctness of the decision of the appellate tribunal, require the ap- 35 peltate tribunal to state the case to the high court, and on receipt of such requisition the appellate tribunal shall state the case:prov;ded that, if in any case where the appellate tribunal has been required by an assessee to state a case, the appellate tribunal refuses to do so on the ground that no question of law arises, the assessee may 4q within thirty days from the date on which he receives the notice of refusal to state the case, withdraw bis application, and if b= does so, the fee pa;d by him under sub-section fit shall be refunded to him(4) tf, on an application made under this section, the appellate tri­bunal is of the opinion that on account of a conflict in the decisions of 45high courts in respect of any particular question of law, it is expedient that a reference should be made direct to the supreme court, the ap­ pellate tribunal may draw up a statement of the case and refer it through its president direct to the supreme court5 (5) the statement to the high court or the supreme court shall setforth the facts, determination of the appellate tribunal and the question of law which arises out of the case(6) if the high court or the supreme court is not satisfied that the case as stated is sufficient to enable it to determine the question, of law 10 raised thereby, it may require the appellate tribunal to make such modification therein as it may direct(7) the high court or the supreme court, upon hearing any such case, shall decide the question of law raised therein, and n doing so, may' if it thinks fit, alter the form of the question of law and 15 shall deliver judgment thereon containing the grounds on which such decision is founded and shall send a copy of the judgment under the seal of the court and the signature of the registrar to the appellate tribunal and the appellate tribunal shall pass such orders as are neces­sary to dispose of the case conformably to such judgment2o (8) the cost of any reference to the high court or the supreme court which shall not include the fee for making the reference, shall be in, the discretion of the court32 when a case has been stated to the high court under section 31, it shall be heard by a bench of not less than two judges of the high 25 court and shall be decided in accordance with the opinion of such jud­ges or of the; majority of such judges, if any:provided that where there is no such majority, the judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the judges of the high 30 court, and such point shall be decided according to the opinion of the majority of the judges who have heard the case including those who first heard it •33 (1) an appeal shall lie to the supreme court from any judg­ment of the high court delivered on a case stated under section 31 in 3 5 any case which the high court certifies as a fit case for appeal to the supreme court(2) where the judgment of the high court is varied or reversed on appeal under tiffs section, effect shall be given to the order of the supreme court in the manner provided in sub-section (7) of section 31­40 (3) the high court may, on application made to it for the execu­tion, of any order of the supreme court in respect of any costs awarded by it, transmit the order for execution to any court subordinate to the high court,| 34 | notwithstanding that a reference has been made to the high ||-----------------------------------------------------------------------|---------------------------------------------------------------|| court or the supreme court, or an appeal has bt^en preferred to the | || supreme court, tax shall be payable in accordance with the assessment | || made in the case | || tax | || to be | || paid | || notwith­ | || standing | || refer­ | || ence, | || etc | || 35 in this chapter, ''high court" means— | 5 || (i) | || in relation to and state, the high court of that state; | || defini­ | || tion of | || high | || court, | || (ii) | || in relation to the union territory of delhi, the high court | || of delhi; | || (hi) | || in relation to the states of arunaehal pradesh and mizo­ | || ram, the gauhati high court (the high court of assam, nagaland, 10 | || meghalaya, manipur, tripura and mizoram); | || (in) in relation to the union, territory of andaman and nicobar | || islands, the high court at calcutta; | || (v) | in relation to the || high court of kerala'; | j5 || (ui) in relation to the union territory | of || high court of punjab and haryana; | || (vii) | || in relation to the state of goa and the | union territories || of dadra and nagar haveli and daman: and bin, the high court at | || bombay; ; | 20 || ( | || viii | || ) in relation, to the union | territory of || high court at madras | | chapter vii p ayment and recovery of gift-tax36 subject to the provisions of this act, gift-tax shall be payable by 25 the doneegift-tax by whom payable37 gift-tax payable in respect of any gift comprising immovableproperty shall be a first charge on that property but any such charge shall not affect the title of a bona fide purchaser for valuable considera­tion without notice of the charge 30gift-tax to be chargedon pro­perty gifted■notice of demand38 when any tax, additional gift-tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this act, the assessing officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum so payable39 (1) any amount specified as payable in a notice of demand under 35 section 38 shall be paid within thirty days of the service of the notice at the place and to the person mentioned in the notice;recovery of tax andpenaltiesprovided that where the assessing officer has any reason to believe that it will be' detrimental to revenue if the full period of thirty days aforesaid is allowed, he may, with,! the previous approval of the deputy commissioner, direct that the sum specified in the notice of demand shall he paid within such period being a period, less than the period of thirty days aforesaid as may be specified by him in the notice of demand,(2) if the amount specified in any notice of demand under section 38 is riot paid within the period limited under sub-section (1),, the assessee shall be liable to pay simple interest at one and one-half per cent, for every month or part of a month comprised in the period com-5 mencing from the day immediately following the end of the period men­tioned in sub-section (1) and ending with the day on which the amount is paid:provided that where as a result of an order under section 27, or section 28, or section 29, or section 30, or section 31 or section 33, or sec-10 tion 42, the amount on which interest was payable under this section had been reduced, the interest shall be reduced accordingly and the excess interest paid, if any, shall be refunded(3) without prejudice to the provisions contained in sub-section (2), on an application made by the assessee before the expiry of the due15 date under sub-section (1), the assessing officer may extend the time for payment or allow payment by instalments subject to such conditions as he may think fit to impose in the circumstances of the case(4) if tile amount is not paid within the time limited under sub­section (1) or extended under sub-section (3), as the case may be, at the20 place and to the person mentioned in the sa;d notice, the assessee shall be deemed to be in default,(5) if, in a case where payment by instalments is allowed under sub-section (3), the assessee commits default in paying any one of the instalments within the time fixed under that sub-section, the assessee25 shall be deemed to be in default as to the whole of the amount then out­standing, and the other instalment or instalments shall be deemed to have been due on the same date as the instalment actually in default(6) where the assessee has presented an appeal under section 27, the assessing officer may in his discretion and subject to such condi-30 tions as he may think fit to impose in the circumstances of the case, treat the assessee as not 'being in default in respect of the amount in dispute in the appeal, even though the time for payment has expired as long as such appeal remains undisposed of40 the provisions contained in sections 221 to 227, 228a, 229 and mode of, , 232 of the income-tax act and the second and the third recovery schedules to that act and any rules, made thereunder shall, so far as may be, apply as if the said provisions were provisions of this act and referred to gift-tax, additional gift-tax and sums imposed by way of penalty, fine and interest under this act in-40 stead of to income-tax and sums imposed by way of penalty, fine and interest under that act and to the corresponding gift-tax authorities instead of to the income-tax authorities specified thereinexplanation l —any reference to sub-section (2) or sub-section (6) of section 220 of the income-tax act in the said provisions of that act45 or the rules made thereunder shall be construed as references to sub­sections (2) and (6) respectively of section 39 of this actexplanation ii— the chief commissioner or commissioner and the tax recovery officer referred to in the income-tax act shall be deemedto be the corresponding gift-tax authorities for the purpose of recovery oi gift-tax, additional gift-tax and sums imposed by way of penalty, fine and interest under this act chapter viiir efunds refunds ^ where, as a result of any order passed in appeal or otherproceeding under this act, refund of any amount becomes due to the assessee, the assessing officer shall, except as otherwise provided in this act, refund the amount to the assessee without his having to make any claim in that behalf:provided that where, by the order aforesaid,_(a) an assessment is set aside or cancelled and an order of fresh assessment is directed to be made, the refund, if any, shall become due only on the making of such fresh assessment;(h) the assessment is annulled, the refund shall become due 15 only of thg amount, if any, of the tax paid in excess of the tax chargeable on the taxable gift returned by the assessee(2) where refund of an amount becomes due to the assessee as a result of an order under this act or under the provisions of sub-section(i) of section 16 after a return has been made under section 12 or sec- 20 tion 13 or in response to a notice under clause (i) or sub section (6) of section 16 and the assessing officer is of the oioinion, having regard to the fact that—(t) a notice has been issued, or is likely to be issued, under sub­section (4) of section 16 in respect of the said return; or 25(ii) the order is the subject-matter of an appeal or further proceeding; or(hi) any other proceeding under this act is pending, that a grant of refund is likely to adversely affect the revenue, the assessing officer may, with the previous approval of the chief com- 30 missioner or commissioner, withhold the refund till such time as the chief commissioner or commissioner may determine-(3) (a) where refund of any amount becomes due to the assessee under this act he shall, subject to the provisions of this sub-section, be entitled to receive, in addition to the said amount, simple interest there- 35 on calculated at the rate of one and one-half per cent, for every month or part of a month comprised in the period or periods from the date or, as the case may be, dates of payment of the tax or penalty to the date on which the refund is grantedexplanation— for the purposes of this clause, "date of payment of 40 the tax or penalty" means the date on and from which the amount of tax or penalty specified in the notice of demand issued under section 38 is paid in excess of such demand- rceedings relulting in the refund are de]ayed for reasonsattributable to the assesses whether wholly or in part period of the delayf f m sbl1^16]t0 ^ shau be excluded from the period for which interest5 fd w h ^ r e any question arises as to the period to he excluded,i s a e eci ed by the e-hief commissioner or commissioner whose decision thereon shall be finalwbere' as a tesult of on order under sub-section (5) or sub-section(7) of section 16 or section 17 or section 27 or section 281 or section 23 or10 ssct1? ? 31 0! sectl0ri 33 or section 42> the bmaant on which the interest was payable under clause (a) has been increased or reduced, as the case mav he, interest shall be increased or reduced accordingly, and, in a case where the interest ls reduced, the assessing officer shall serve on the assessee a notice of demand in the prescribed form specifying the amount of the ex-15 i f l rf t p " dand re<3uiring him to pay such amount; and such notice demand shall be deemed to be: a notice under section 38 and the provisiojis of this act shall apply accordingly(4) where under any of the provisions of this act, a refund is found to be due to any person, the assessing officer, deputy commissioner 20 (appeals) commissioner (appeals) or chief commissioner or gommissioner, as the case may be, may, in lieu of payment of the refund, se+ off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section25chapter ix mrscellaneotrs42 (1) with a view to rectifying any mistake apparent from the record— 130(a) the assessing officer may amend any order of assessment or of refund or any other order passed by him;(b) a gift-tax authority may amend any intimation sent by it under sub-section (1) of section 16 or enhance or reduce the amount of refund granted by it under that sub-section;35(c) the deputy director or deputy commissioner or director or commissioner or deputy commissioner (appeals) or commissioner (appeals) may amend any order passed by him under section 21;(a) the deputy commissioner (appeals) or commissioner (appeals) may amend any order passed by him under section 27;(e) the commissioner may amend any order passed by him under40section 29; ,(f) ibe appellate tribunal may amend any order passed bv it under section 28 or section 30(2) subject to the other provisions of this section, the authority con­cerned—' 45(a) may make an amendment under sub-section (1) of its own motion; and(b) shall make such amendment for rectifying any such ndsfralm which has been brought to its notice by the assesses, and where the authority concerned is the deputy commissioner (appeals) or the commissioner (appeals) or the appellate tribunal, by the assessing officer also 5(3) an amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard lo(4) where an amendment is made under this section an order shall be passed in writing by the gift-tax authority concerned(5) subject to the provisions of sub-section (2) of section 41, where any such amendment has the effect of reducing the assessment, the asses­sing officer shall make any refund which may be due to such assessee 15(6) where any such amendment has the effect of enhancing the assessment or reducing a refund already made, the assessing officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 38 and the provisions of this act shall apply accordingly 20(7) no amendment under this section shall be made after the expiry of four years from the end of the financial year in which the order sought to be amended was passed43 (1) if any person fails without reasonable cause,—| (a) to furnish in due time any return of gifts under this act; ||-------------------------------------------------------------------|| (b) to produce, or cause to be produced, on or before the date || mentioned in any notice under sub-section (5) of section 16, such || accounts, records and documents as are referred to in the notice; |he shall, on conviction before a magistrate, be punishable with fine which may extend to rupees ten for every day during which the default continues 30(2) if a person makes a statement in a verification in any return of gifts furnished jindst this act or in a verification mentioned in section 27,23 or 30 which is false, and which he either knows or believes to be false, or does not believe to be true, he shall, on conviction before a magistrate, be punishable with simple imprisonment which may extend to one year, 35 or with fine which may extend to rupees one thousand, or with both '(3) if a person abets or induces in any manner another person to make and deliver an account, statement or declaration relating to any gifts chargeable to tax which is false and which he either knows to be false or ■roes not believe to be true, he shall, on conviction before a magistrate, 49 be punishable with simple imprisonment which may extend to six months ' or with fine which may extend to one thousand rupees, or with both(4) a person shall not bp proceeded agaipst for an offence under this act except with the previous sanction of the chief commissioner or director ganeral or commissioner: «" " « "« « "<(a) the board or a chief commissioner or a director general authorised by the board in this; behalf in y i f general tinn wra,h il +n / s behalf? in a case where the prosecu- - le at the instance of the commissioner (appeals);in any j f e f l c « m o n e r or director general or commissioner, explanation,—for the purposes gf this section "magistrate" means a presidency magistrate or a magistrate of the first class44 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed was5 lsl f " d w" i' sp«" 'me « » < »= sirf c e"fftpany,/ \ w, f 'd s " " c° " w51,311 ■>' o'5" ®1 » b£3 "d s ta i ! b6 lhb,<i fc » " ■«»provided that nothing contained in this sub-section shall render anyop s" ft™ hahle t0 any p™ishment if he proves that the offence waseenrtt t u s kaowled^ °r that he had exercised all due dili­gence to prevent the commission of such offence(2) notwithstanding , " , , - anything contained in sub-section (1) where n offence under this act has been committed by a company and it proved that the offence has been cor 'j' ' - tompany an« wproved that the offence has been co m m itte d ^25 of, or is attributable to any neglect secretary or other officer of theon the part of, any director, manager, " j company', such director managerand shafl "te n sha11 £f° to be sui% « that offence and shall be liable to be proceeded against and punished accordinglyexplanation -for the purposes of this section,—(a) ' company" means a body corporate, and includes—(i) a firm, and or a body of individuals,<?0 an association of persons whether incorporated or not; and(b) "director", in relation to—| 35 | ci) a firm, means a partner in the firm, ||-----------------------------------------------------------|----------------------------------------------------------------------|| (ii) | || an association of persons or a body of individuals, means | || any member controlling the affairs thereof | || 45 | || ( | || 1 | || ) | || where an offence | under this act has been committed by a || an | || r | || | « || ™ dlvlded family' the | || karta | || thereof shall be deemed to be guilty | || of the offence and shati ki ite-w- | u; , || 40 | - e offence and shall be liable to be proceeded against and punished || accordingly: | & |icajn thbt noth!n,g contained in this sub-section shall render the f liable to any punishment if he proves that the oflw e was commit­, , ^ 0r that he had all due diligence to45 prevent the commission of such offenceoffences by com­paniesoffenses(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a hindu undivided family and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any [neglect on the part of, any member of the hindu undivided family, such member shall also be 5 deemed to he guilty of that offence and shall be liable to be proceeded against and punished accordingly46 nothing contained in section 360 of the code of criminal proce­dure, 1973, or in the probation of offenders act, 1958, shall apply to a 2 of 1974person convicted of an offence under this act, unless that person is 10 20of,95s' eighteen years of age47, (1) in any prosecution for any offence under this act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with 15 respect to the act charged as an offence in that prosecutionsection 360 of the code of criminal procedure, 1973 a®d the pro­bation of offenders act,1958, sot to apply presump­tion aa t©culpable mental stateexplanation,—in this sub-section "culpable mental state" includes intention, motive1 or knowledge of a fact, or belief in, or reason to believe, a fact,(2) for the purposes of this section, a fact is said to be proved only 20 when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probabilityproof ofentriesinrecords or docu­ments48, entries in the records or other documents in the custody of a gift-tax authority shall be admitted in evidence in any proceedings for the prosecution of any person for an offence under this act, and all such 25 entries may be proved either by the production of the records or other documents in the custody of the gift-tax authority containing such entries, or by the production of a copy of the entries certified by the gifttax authority having custody of the records or other documents under its signature and 'stating that it is a true copy of the original entries anfi that 30 such original entries are contained in the records or other documents in his custody49, (1) the assessing officer, the-deputy commissioner (appeals), the commissioner (appeals), the chief commissioner or commissioner and the appellate tribunal shall, for the purposes) of this act, have the 35 same powers as are vested in a court under the code of civil procedure,1908, when trying a suit in respect of the following matters, namely:— 5 of 1908powerregardingdiscovery,productionofevidence, etc '(a) discovery and inspection;- (b) enforcing the attendance of any person, including any officerof a hanking company and examining him on oath; 40(c) compelling the production of books of account and other documents; and(d) issuing commissions(2) xi the director general or director or deputy director or assis­tant director has reason to suspect that any gifts chargeable to tax under this act have been concealed, or are likely to be concealed, by any person or class of persons within his jurisdiction, then, for the purposes of mak- 5 ing any inquiry or investigation relating thereto, it shall be competent for him to exercise the powers conferred under sub-section (1) on the gift-tax authorities referred to in that sub-section, notwithstanding that no pro­ceedings with respect to such person or class of persons are pending before him or any other gift-tax authority10 50 where, for the purposes of this act, it appears necessary for anygift-tax authority to obtain any statement or information from any person or banking company, such gift-tax authority may serve a notice requiring such person, on or before a date to be therein specified, to furnish such _ statement or information on the points specified in the notice, and that person shall, notwithstanding anything in any law to the contrary, be bound to furnish such statement or information to such gift-tax autho­rity: |provided that no legal practitioner shall be bound to furnish any statement or information under this section based on any professional 2® communications made to him otherwise than as permitted by section 126 of the indian evidence act, 1872,51 whenever in respect of any proceeding under this act, any gifttax authority ceases to exercise jurisdiction and is succeeded by another who has and exercises such jurisdiction, the authority so succeeding may25 continue the proceeding from the stage at which the proceeding was left by- his predecessor;:provided that the assesses concerned may demand that before the proceeding is so continued' the previous proceeding or any part thereof be reopened or that before any order of assessment is passed against him, 3u he be reheard52 in computing the period of limitation prescribed for an appeal or an application under this act, the day on which the order complained of was served and if the assessee was not furnished with a copy of the order when the notice of the order was served upon him, the time35 requisite for obtaining a copy of such order shall be excluded53 (1) a notice or a requisition under this act may be served on the person therein named either by post as if it were a summons issued by a court under the code of civil procedure, 1908(2) any such notice or requisition may, in the case of a firm or a 40 hindu undivided family be addressed to any member of the firm or to the manager or any adult male member of the family, and in the case of a company or association of persons be addressed to the principal officer thereof "(3) after a finding of total partition has been recorded by the assess- 45 :% officer under section 25 in respect of any hindu undivided fam ly notices under this act in respect of the gift made by the family, she1! be served on the person who was the last manager of the hindu undivided family, or if such person is dead, then on all surviving adults who were ' members of the hindu undivided family immediately before the partitionservice- of (4) where a firm or other association of persons is dissolved,, notices under this att in respect of the gift received by the firm or associdtidh riiiif be served on any person who was a partner (not being a minor) of member of the association, as the case may be, immediately before its dissolution54 (1) if the central government is of opinion, that it is necessary or expedient in the public interest to publish the names of assessees and any other particulars relating to any proceedings or prosecutions publica­tion of in­formation respect­ing asses­seesunder this act in respect of such assessees, it may cause to be published such names and particulars in such manner as it thinks fit(2) no publication under this section shall be made any penalty imposed under this act until the time for presenting an appeal to the deputy commissioner (appeals) or, as the case may be the commissioner (appeals) has expired without an appeal having been presented or the appeal, if presented, has been disposed ofexplanation~lri the case of a firm, company or other association of persons, the names of the partners of the firm, directors, secretaries and reasurers, or managers of the company, 0r the members of the associaon as the case may be, may also be published if, in the opinion of the central government, the circumstances of the case justify it55 where a person makes an application to the chief commissioner disciosurc o f in­ formation respecting assesseesor commissioner m the prescribed form for any information relating to any assessee in respect of any assessment made under this act the chief c ™ " , " ner "" commissioner may, i, h, "| " ° d°' | « - | > b furnished the information « ||-------------------------------------------------------------------|--------------------------|--------------------------------------|| re,pem - « - - « - | «"ly »nd his derision in | b " || " | | || | | || | | || be toai " | d | || »« | | || to | | || in , " y c o | | || inb!" | " | f || return of | | || gifts, etc, | | || not to be | | || invalid on | | || certain | | || grounds | | || sions of this aet h n h | ° r | " p™ || « of this aet shall be « | or shl, be deemed | b , invaiid || -t- | | || | | || _ | | || ll 1sason 0t | | || any lmstake' defect or omission in such retufn of gifts | | || '' n° ! c6> summ°ns °r °ther proceeding, if such return of gifts! | | || assessment notice summons or other | | || effect in conformity with nr | u " | pr°ceedin5> is in substance and || conrormity with or according to the intent and | | || act, | | || purpose of this 35 | | || bar | | || of | | || suits in | | || civil | | || court | | || ss? | | || "'k"' " | " mde'mdriua i f s | || 7 | | || | t | r || be done | | " s" d |in relation to2058 an assesses who is entitled to or required to attend before any gift-tax authority or the appellate tribunal in connection with any proceeding under this act, except where he is required under this actto attend in person, may attend by a person who' would be entitled to represent him before any income-tax authority or the appellate tribunal under section 2s8 of the income-tax act59 any assesses who is entitled or required to attend before any gifttax authority or the appellate tribunal in connection with any matter relating to the valuation of any asset, except where he is required 10 under this act to attend in person, may attend by a registered valuerthe central government may enter into an agreement with government of any reciprocating country—(a) for the avoidance or relief of double taxation with respect to gift-tax payable under this act and under the corresponding law in force in the reciprocating country, or_ c°) for exchange of information for the prevention of evasion or avoidance of gift-tax chargeable under this act or under the corres­ponding law in force in that country or investigation of cases of such evasion or avoidance, or(c) for recovery of tax under this act and under the correspond­ing law in force ini that country,and may, by notification in the official gazette, make such provision as may be necessary for implementing the agreementexplanation—the expression "reciprocating country" for the purposes 25 of this act means any country which the central government may, by notification in the official gazette, declare to be a reciprocating country61 the amount assessed in accordance with the foregoing provisions of this act as being the value of all taxable gifts shall be rounded off to the nearest multiple of ten rupees and, for this purpose, any part of a rupee 30 conssstog of paise shall be ignored and thereafter, if such amount is not a multiple of ten rupees, then, if the last figure in that amount is five or more, the amount shall be increased to the next higher amount which is multiple of ten and, if the last figure is less than five, the amount shall be reduced to thje next lower amount which is a multiple of ten; and the 35 amount so rounded off shall be deemed to be the value of all taxable gifts of the assesses for the purposes of this act€2 the amount of gift-tax, additional gift-tax, interest, penalty, fine or any other sqm payable, and the amount of refund due, "under the provisions of this act, shall be rounded off to the nearest rupee and, for 40 this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee, and if such part is less than fifty paise, it shall be ignored;|83 (1) the boapd may, by notification in the official gazette, jpake power to rules for carrying out the purposes of this act- ' - v - mak®;t appearance before gift-taxauthoritiesbyautho­risedrepresenta­tivesappear­ance by registered valuer in certain matterthoa ggrement fo ravoidance or relief o f doubletaxationwithrespect to gift-taxhound­ing off of taxable giftsrounding off of (2) in particular, and without prejudice to the generality of the fore­going power, rules made under this section may provide for—(a) the manner in which the orders relating to instructions to subordinate authority shall be published and circulated for general information under sub-section (3) of section 8; 5(b) the form in which returns under sub-section (1) of section 12 shall be made and the manner in which they shall be verified(c) the form in which returns under sub-section (6) of section 16 shall he made and the manner in which they shall be verified;(d) the percentage or the amount by which the fair market value jq of the property shall not exceed the value of the property as return­ed -by the assesses under sub-section (8) of section 16;(e) the form in which return under sub-section (1) of section 17 shall be made and the manner in which they shall be verified under that sub-section;(f) the form in which notice of demand under sub-section (4) of section, 19 or under section 38 or under section 41 are to be made(g) the form in 'which appeals under sub-section (1) or sub_ section (2) of section 27, or under sub-section (5) of section 28, or under sub-section (2) of section 30 shall be made, and the manner in which they shall be verified;(h) the form in which application for reference is to be made under sub-section (1) of section 31;(i) the form, in which an application is to be made under section55; : : j(j) any other matter which, has to be or may bel prescribed for the purposes of this act(3) the power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the rules or any of them and, unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect shall be given to any rule so as to prejudicially affect the interests of assessees(4) the central government shall cause every rule made under this act to be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which ^ may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modifications in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that ride 164- (1) the gift-tax act, 1958, is hereby repealed,(2) notwithstanding the repeal of the gift-tax act, 1958 (hereinafter referred to as the repealed act) —(a) in clause (xx) of section 2 of the repealed act, the "previous year relevant to assessment year commencing on the 1st day of april, 1990 shall be the period ending on the 19th day of march, 1990;(b) where a return of gift has been filed before the commence­ment of this act by any person for any assessment year, proceedings for the assessment of that person for that year may be taken and10 continued in accordance with the provisions of the repealed' act, asif this act had not been passed;(c) where a return of gift is filed, after the commencement ofthis act by any person for the assessment year ending on the 31st day of march, 1991, or any earlier year, the assessment of that15 person for that year shall be made in accordance with the provisionsof the repealed act, as if this act had not been passed;(d) any proceeding pending on the commencement of this actbefore any gift-tax authority, the appellate tribunal or any court, by way of appeal, reference,, or revision, shall be continued and2o disposed of in accordance with the provisions of the repealed act, asif this act had not been passed;(e) where in respect of any assessment year ending on the 31st day of march, 1991,—(i) a notice under section 10 of the repealed act had been 25 issued before the commencement of this act, the proceedings inpursuance of such notice may be continued and disposed of in accordance with the provisions of the repealed act, as if this act had not been passed;(®) any gift chargeable to tax had escaped assessment 30 within the meaning of that expression in section 16 and no pro­ceedings under section 16 of the repealed act in respect of any such gift are pending at the commencement of this act, a notice under section 16 may be issued with respect to that assessment year and all the provisions of the repealed act shall apply 35 accordingly, as if this act had not been passed;(f) any proceeding for the imposition of a penalty in respect of any assessment completed before the 20th day of march, 1990,may be initiated and any such penalty may be imposed in accordance with the provisions of the repealed act as if this act had not been 40 passed;(g) any proceeding for the imposition of a penalty in respect of any assessment for the year ending on the 31st day of march, 1991,or any earlier year, which is completed on or after the 20th day of march, 1990 may be initiated and any such penalty may be imposed 45 under the repealed act as if this act had not been passed;(h) where, in respect of any assessment completed before the commencement of this act, a refund falls due after such commence­ ment or default is made after such commencement in the payment of any sum due under such completed assessment, the provisions of ' the repealed act relating to interest payable by the central govern-15 ment on refund and1 interest payable by the assesseses for default shall apply, as if this act had not been passed;(i) any sum payable by way of gift-tax;, additional gift-tax, interest, penalty or otherwise under the repealed act may be recover­ed under the repealed act, as if this act had not been passed-power to remove difficul­ties65 (i) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the such provisions of this act as may appear necessary for removing the difficulty:provided that no such order shall be made after the 31st day of march, 1994(2) every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each house of parliament the second schedule[see sections 6 and 16(8)3r ules for determining the value of property giftedvalue of gifted, property, how to be determined 'the value of any property, other than cash, transferred by way 5 of gift shall, for the purposes of this act, be determined in accordance with the provisions , of schedule iii to the wealth-tax act, which shall apply subject to the following modifications, namely:__in the said schedule,—(a) reference by whatever form of words to the wealth-tax act shall be construed as references to this act;(b) in rule 5, the reference 'to the year ending on the valuation date shall be construed as a reference to the previous year as defined in this act; (c) save as provided in clause (b) references to the valuation -date shall be construed as references to date on which the gift was 25 made; , ^(d) reference to section 7 of the wealth-tax act shall be cons­trued as references to section 6' of this act;(e) references to section 16a of the wealth-tax act shall be 20construed as references to sub-section (8) of section 16 of this act , statement of objects and reasonsat present, gift-tax is charged annually on the value of all taxable gifts made by a donor during a year- there is no tax on the gifts re­ceived by a donee, irrespective of the value the object of 'this bill is to shift the burden of tax: from donors to the recipient of the gifts,1 with a view to curbing laundering of black money and the practice of' explaining wasteful and ostentatious expenditure as; having be^ft incurred out of gifts received2 the bill has the following salient features: —(i) gift-tax will be levied in respect of gifts received by a person during the previous year;(ii) in computing the value of all taxable gifts a number df exemptions shall be taken into consideration the exemptions, inter alia, includes exemption for gifts received in convertible' foreign exchange remitted from a country outside india in accordance with the provisions of the foreign exchange regulation act, 1973;, gifts received by art individual oft he occasion of his marriagb' tip■ tof a maximum of rupees one lakh and gifts received under a will;(iii) there will be a basic exemption of rupees twenty thousand for each year and gift-tax will be levied at progressive rates in- case the gifts received in any year exceeds the maximum limit of exemp­tion ;3 the bill also provides for all other matters relating to levy cjf interest, filing of appeals, rectification of mistakes, recovery of tax, im­position of penalty and prosecution and matters relating to procedure on the lines of the relevant provisions of the existing gift-tax act, 1958:new delhi; madhu dandavate-the 30th may, 1990 , president's recommendation under article 117 of the constitution of india[copy of letter dated the 30th may 1990 from prof madhu daftdavate, minister of finance to the secretary-general lok sabha]the president, having been informed of the subject matter of the gifttax bill, 1990 recommends under clauses (1) and (3) of article 117 of the constitution, the introduction of the above bill in lok sabhaclause 2 defines, infer cilia, "gift", "previous year" and "transfer of property all voluntas transfers of property without consideration and transfers deemed to be gifts under clause 4 of the bill are covered by the definition of "gift" however, any receipt which is income within die meaning of the income-tax act, shall not be treated as a gift the definition of "previous year" secures that all gifts received during any period, not exceeding, twelve months, ending on the 31st day of march immediately preceding 'the assessment year, are charged to gift-tax in one year however,, the previous year in respect of the assessment year 1991-92 shall be the period commencing on the 20th day of march, 1990 and ending on the 31st day of march, 1991 the definition of "transfer of property" is designed to cover all possible transfers of propertyclause 3 is the charging clause which provides that the tax is to be levied on all gifts received during the previous yea,r by any person, being an individual or a hindu undivided family or a company or a firm or an association of persons or a body of individualsclause 4 brings to charge certain transfers which are for nominal or inadequate consideration or for a consideration which although stipu­lated is not meant to pass actually similarly, the release or discharge from one's debts or liabilities, appropriations or withdrawals from joint accounts for the benefit of a person other than the persons who made the original deposit or investment are brought within the scope of giftsclause 5 provides for the exemptions of various types of gifts these inter alia, includes— (a) gifts of immovable property situated outside the territories to which this act expends;(b) gift by a person resident outside india, out of the monies standing to his credit in a non-resident (external) aceount in any bank in accordance with the provisions of the foreign exchange regulation act;f (c) gifts in convertible foreign exchange remitted from a coun­try 'outside india in accordance with the provisions of the foreign exchange regulation act; j(d) gifts on the occasion of the marriage subject to a maximum of rupees one lakh in value;| (e) gifts received by a political party; and | - ||-------------------------------------------------|------|| (f) gifts received under a will | f |clause 6 provides for ® e manner in which the values of gifts may be determined the method of valuation shall be the same as provided in the wealth-tax act, 1957 : }_ clauses 7 to 11 deal with 'the administrative machinery the intention is to entrust the administration of this act to the officers of the incometax department under a procedure which follows' broadly the procedure in the repealed gift-tax act, 195ftclauses 12 to 21 are provisions relating to assessment which follows similar provisions in the repealed gift-tax act, 1958clauses 22 to 26 relate to assessment in special cases tnese provisions provide for the liability to assessment in tnd case of a deceased person, persons leaving india, a minor, lunatic or idiot it also provides for assessment on partition of a hindu undivided family, discontinuance of firm or association of persons and a company in liquidationclauses 27 to 35 relate to appeals, revision and references and: are similar to those in the repealed gift-tax act, 1958clause 36 provides that the tax is the liability of the doneeclause 37 makes the gift-tax a first charge on the immovable property comprised in the giftclauses 38 to 40 provide for payment and recovery of the tax and other connected matters and are similar to those in the repealed gift-tax act, 1958clause 41 relates to refund and is similar to the provisions on refund in the repealed gift-tax act, 1958clauses 42 to 62 provide for rectification of mistakes, prosecutions, liability of persons for offences by companies or a hindu undivided family, non-applicability of section 360' of the code of criminal proce­dure, 1973 and the provision of probation of offenders act, 1958, pre­sumption as to culpable mental state, proof of entries in records or docu­ments, power regarding discovery, evidence, etc, power to call for infor­ mation, effect of transfer of authorities on pending proceedings, compu­ tation of period of limitation, service of notice, publication of informa­ tion respecting assessees, disclosure of information respecting assessees, return of gifts, etc, not to be invalid on certain grounds, bar of suits in civil courts, appearance before gift-tax authorities by authorised repre­sentative appearance by registered valuer in certain matters, agreement for avoidance or relief of double taxation with respect to gift tax, round­ing off of taxable gifts, and rounding off of tax, etc these provisions are similar to those, in the repealed gift-tax act, 1958clause 63 makes the provision authorising the central board of direct taxes to make rules for carrying out the purposes of the'actclause 64 provides for the repealing of the gift-tax act, 1958clause 65 empowers the central government to issue any order so as to remove any difficulty that may arise in giving effect to'the provi­ sions of this act these orders are required to be published in the official gazette and will be laid before each house of parliament how­ever, no order shall be made after the 31st day of march, 1994, financial memorandum, create gift-tax authorities for the p n nf the bill seeks to create so­cialise ? of the " actclause 7 ol we w actposes of the admimstra ion ptoposed legislation will9 the posts of gift-tax authorities under ^ j t-tax authorities under, the gift-tax a ct, 1958lroro are consolidated fun ^ ^d ltu a" " m oj the bill win no, involve any other expenditure drawn memorandum regarding delegated legislationclause 63 of the bill authorises the central board of direct taxes to make rules with respect to matters like the manner in which the order? relating to instruction to subordinate authorities shall be published antr circulated for general information, the form in which returns may be made under various provisions of the act, the form in which appeals should be filed, the form in which a memorandum of cross objections under the act shall be made and the form in which notices of demand should be issued2 clause 65 of the bill relates to power to remove difficulties the provisions of the said clause empower the central government to make orders for removing any difficulty which may arise in giving effect to the provisions of the proposed legislation it is also being provided that no such order shall be made after the 31st day of march, 1b94 and every such order shall be published in the official gazette and laid before each house of parliament3 the matters in respect of which the said rules or orders may be made are matters of procedure and administrative detail, and it is not practicable to provide them in the proposed legislation itself| 4 the delegation of legislative power is, | therefore, | of | a ||-----------------------------------------------|---------------|-------|------|| | | | || raster | | | •- | iiok sabha a billto p ^ id e for the levy of gift-tax<pr°l mmhu b™, minister of pirnnc,)

Parliament_bills

895c9f06-d3a7-51f7-bb3b-32caf17a0424

bill no 24 of 2015 the constitution (amendment) bill, 2015 by shri bhartruhari mahtab, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint52 after article 14 of the constitution, the following article shall be inserted, namely:—insertion of new article 14a''14a the state shall not discriminate in the matters of personal laws, including but not limited to laws relating to marriage, divorce, succession, guardianship, adoption and maintenance, on the ground of religion"state not to discriminate in the matters of personal laws on the ground of religion3 article 44 of the constitution shall be omittedomission of article 44 statement of objects and reasonsarticle 44 of the constitution, in mild diction, persuades the state to secure a uniform civil code for all the citizens however, despite the fact that a common civil code is considered a desired objective by the very organic law of the country, any semblance of consensus on the issue has eluded us during the sixty-five years of the working of the constitution as a result, different civil laws prevail for different religious communitiesironically, the constitution also comprises the principle of equity and equality before law, which, among other things, prohibits the state from discriminating against citizens on the ground of religion in order to establish equality before law in its true sense, it is necessary that all citizens are subjected to the same civil laws irrespective of their religious persuasionsthe bill, therefore, seeks to insert a new article 14a with a view to provide that the state shall not discriminate in the matters of personal laws on the ground of religion the bill also seeks to omit article 44 of the constitutionhence this billnew delhi;bhartruhari mahtabnovember 19, 2014 annexure extract from the constitution of india 44 the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of indiauniform civil code for the citizens ———— a billfurther to amend the constitution of india————(shri bhartruhari mahtab, mp)gmgipmrnd—4328ls(s-3)—19022015

Parliament_bills

68ec2f8a-77fa-531a-b17c-6d407e8f10c8

bill no 285 of 1980 i , $ the tea (amendment) bill, 1980 a billfurther to amend the tea act, 1953 be it enacted by parliament in the thirty-first' year of the republic of india as follows:-1 (1) this act may be called the tea (ametldment) act, 1980 (2) this section and section 8 shall come into farce at oj'lce short title add commeft~ mento s (3) sections 3 ana 4 shall be deemed to have come iilto force' on and with effect from the date of commencement of the tea (amendment) act, 1916 '15 of 19'16 (4) section 7 shall be deemed to have come into force on and with effect from the 13th day of october, 1980 10 (5) sections 2, 5 and 6 shall come into force on such date as the central government may, by notification in the oftlcial gazette, appoint 28 of 1853 amendmentor section 10 z in the' tea act, 1953 (hereinafter refej'ted to as the prlncip8l act), in section 10, in sub-section (2), after clause (j), the following clause shall be inserted, namely:-"(jj) subscribing to the share capital of, 01' eta1q batb' any agreement or other arranpment ("hetht'll' by war 01 paridenhip, joint venture or in any otmr ) with, any tiod,y coi7on1e for the purpose of promotldr the development of tea industry or for promouon and marketlnr of tea, in bella or elsewhere;" 3 in the principal act, in section 16e, in sub-section (1) ,-amendment of ection 16e (a) in clause (a), between the words "by reckless investments or" and "creation of incumbrances", the word "by" shall be inserted; s (b) the following explanatoon shall be inserted at the end, namely:-(exptanation-for the purposes of this sub-section, "incumbrances" includes any liability which may be recovered or satisfied from the a'3sets of the tea undertaking or, as the case may be, 10 tea unit or the person owning the tea undertaking or tea unit' 4 after section 16l of the principal act, the following section shall be inserted, namely:-insertion of new ection 16ll "16ll every debt arising out of any loan or any other financial accommodation obtained by the authorised person for carrying on is the management of, or exercising functions of control in relation to, the whole or any part of a tea undertaking or tea unit, the management of which has been taken over or is purported to have been taken over under section 16d or section 16e or section 16-1,-| debts | in- ||-----------|--------|| curred | || and | || invest- | || ments | || made | || by | || the | autho- || rised | || per | || loll | || to | || have | || priority | |(a) shall have priority over all other debts, whether secured 20' or unsecured, incurred before the management of such tea undertaking or tea unit was taken over; (b) shall be a preferential debt within the meaning of aection 530 of the companies act, 1956, and all such debts shall rank equally among themselves and be paid 2s in full out of the assets of the tea undertaking or tea unit, unless s'llch assets are insufficient to meet them, in which case they shall be recoverable from the owner of the tea undertaking or tea unit as arrears of land revenue notwlthsta~ding that the period of management or contra! has end~d due to expiry of the period for which it 30 was taken over or due to cancellation of the order under section 1611 or in pursuance of the order of any court" 5 in section 27 of the principal act, in sub-section (1), clause (aa) shall be re-iettered as clause (ab) and before that clause as so li'elettered, the following cla'use shall be inserted, namely:-3s amendment of section 27 "(aa) any sum of money including dividend, if any, realised by the board in carrying out any measure referred to in claule· (jj) of sub-section (2) of orection 10;" ~ section 46 of the p~tincipal act shall be re-numbered as sub-section (1) thereofand,- , 4c a-nendment of section 46 ~(a) h'l sub-section~· (1) as so re-llwnb~red, for the words uthe !ules , the words uany rule ot' ord~ shall be substituted; (b)' after sub-section '(1) as so re-numbered, the following sud-section shall be inserted, namely:-"(2) no suit or other legal proceeding shall lie against the central government for any damage caused or likely to be' s caused by anything which is in good faith done or intended tq' be done under this act ot' any rule or order made thereunder,", valida-' tum 750'11976 7 notwithstanding any judgment, decree or order of any court, any' action or thing (including any order passed or proceeding initiated) taken or done or purported to have been taken or done under sub-section (1) lo of section 16e of the principal act at any time after the commencement of the tea (amendment) act, 1976, shall be deemed to be as valid and effective as if the amendments made by section 3 had been in force at the time such action or thing was taken or done 8 (1) the tea (amendment) ordinance, 1980, is hereby repealed 15 of 1980 repeal and 15 (2) notwithstanding such repeal, anything done or any action taken savini under the principal act as amended by the said ordinance shall be deemed to have been done or taken under the principal act as amended by this act statement of objects and reasonsthe tea act, 1953 was amended by the tea (amendment) act, 19'16, intet alia, to enable the central government to take over the managemento! a lick and uneconomic tea undertaking or tea unit seetion 16e which was inserted by the said amendment act specified the circumstadees in which the central government may take over a tea undertakidgor tea unit without invest~gation under sub-section (1) of the aai4 action 16k as originally enacted, the central government may, if sataft trom dooumel1tary or other evidence in its possession in relation to a tea undertaking or tea unit, that the persons in charge of such tea undertaking or tea unit have by reckless investment or creation of idc:uidbr'ances on the assets at the tea undertaking or tea unit or by diversjon of fupds, brought about a situation which is·wre1y to afjadt the prqciuction of tea jnailufactured or produced by the tea underukidg <or tea \ulit and that immediate action 1$ necessary to p~~such a situation, wthorise by notified order any person or body of persone to tue over the management of the whole or any part of the tea undertaking or tea unit the intention w that the power under this provision should be capable of being used where the incumbrances created, irrespective of their being recklea or not, have brought about a situation likely to affect the production of tea manufactured or produced by the tea undertaking or tea unit the intention was also that the expression "incumbrances" should take in all types of liabilities a contrary view was taken by a single judge at the calc'utta high court to the effect that the expression "incumbranc would cover only incumbrances which have been created recklessly and that it would not cover all liabilities an appeal against this w&s heard by a division bench and a stay order was granted by it till the disposal of the appeal this appeal was dismissed and an appeal was preferred to the supreme court pending the decision in this appeal before the supreme court it was considered urgently expedient to amend the section suitably to bring out the intention clearly hence the presirte'nt promulgated on the 13th october, 1980 the tea (amendment) ordirance, 1980 2 the ordinance amended section 16e of the tea act to-(i) clarify that the word "reckless" in clause (a) of sub-section (1) of section 16e governs only "investments" and not "incumbrances"; and (ii) amplify the meaning of "incumbrances" in the said provision so as to cover all kinds of liabilities which may be recovered or satisfied from the assets of a tea undertaking or a tea unit or the person owning such undertaking or unit the ordinance made the necessary validating provision and also inserted a new section 16ll relating to debts incurred and investments made by authorised persons (that is, persons appointed by the central government to take over the management of a tea undertakid~ or a tea unit)" - to live priority to debts incurred and investments made by the authorijed persons for carrying out the management or exercising the functions of control in relation to a tea undertaking or a tea unit over all other debts so as to enable the authorised persons to obtain finance from financial institutions 3 the bill seeks to replace the aforesaid ordinadoe~rlunity is beinj availed of·to make certain amendments in section&jo, 27'uci 46 at "the ~a a-et the amendment to section 10 is for the~ ql elulbl1hg the tea board "to enter into agreements or arrangements wub olber bodies corporate for the purpose of promoting the deve10pmedt of ~ industry or promotion and marketing of tea in india or elsewhere the amendment ·tosecuon 27 is coiul8qwtl'1ttlllto thia·amandmtmi the"untlildmentto seotion 46 is for the purpose of 'pl'oyidbc inlmuaityto the<oeiidn1 government in the same nuumer has been ,provided id iection 28c(~) of the industiies (development and reaulatton)' ·a'ct, 1961 new belhi; the 2ith november 1980 clause 2 of the bill seeks to amend section 10 of the tea act, 1953 so as to enable the tea board to subscribe to the share capital of, or enter into partnership or any other joint venture with, any body corporate tor the purpose of promoting the development of tea industry or, for promotion and marketing of tea, in india or elsewhere 2 the above provision of the bill, though only enabling in nature, may involve expenditure by the tea board by way of share capital participation or any other financial arrangement with any -body corporate for the purpose of promoting the development of tea industry or for promotion and marketing of tea, in india or elsewhere as the tea board will not be in a position to meet this expenditure from its own resources the required funds will have to be made available to the tea board from the consolidated fund of india either as a loan or as an investment 3 the amount of expenditure likely to be incurred by tea board would depend on the specific proposals for partnership, joint venture or any nther collaboration arrangement that may be received from time to time it is, therefore, not possible at this stage to specify the recurring and non-recurring expenditure that will be involved if this bill is enacted an~ brauiht into operation the tea (amendment) ordina7lce, 1980in addition to the provisions contained in the ordinance the bill cod-tains three new provisions (vide clauses 2, ~ and 6 of the bill) 2 clause 2 of the bill seeks to amend section 10 of the tea mt, by inserting in sub-section (2), a new clause (jj) to enable the tea board to enter into agreements or other arrangements with other bodies corporate for the purpose of promoting the development of tea industry or for promotion and marketing of tea in india or elsewhere clause 5 of the bill seeks to make the necessary consequential amendment in section 27 of the act to provide that any sum of money including dividend realised by the board as a result of such agreements or arrangements shall be credited to the tea fund clause 6 seeks to amend section 46 of the act to provide immunity to the central government in the same manner as has been provided in section 29c (2) of the industries (development and regulation) act, 1951 - - • , h (1) (,2& 01' 1~3) - - - - - functions oftbe board (z)· wjtaout, p'ejw1ice· tp tbe p1lel'auty of·tlle pmv1aiopii qt sub-~iqd (l},·tile meuurea tefc'ed to tbentin mw·, pto~ foj':'p'"' - - - - - he (1) without pre'juclice ~ any other ~vt8ior ef this aet, if, from the documentary or other mdebce in its popeibien, the- central government is sattsfted, m relation to a tea udderia1ddg or tea wt, tbat-power to take over tea undertakin&' or tea unit without investigation under certain circumstances (a) the persons in charge of such teaund~ ~ tea unit have, by reckless investments or creation of incumbrances on the assets of the tea undertaking or tea unit, or by diversion of funds, brought about a situation which is likely to aftect the production of tea, manufactured or produced by the tea undertaking or tea untt, and that immediate action is necessary to prevent such a situation; or (b) it has been closed for a period of not less than three months (whether by reason of the voluntary winding up of the company owning the tea undertaking or tea unit or for any other reason) and such closure is prejudicial ttl the concerned tea undertaking or tea unit and that the financial condition of the company owning the tea undertaking or tea unit and the plant and machinery of such tea undertaking or tea unit are such that it is possible to restart the tea undertaking or tea unit and such restarting is necessary in the interests of the general public, it may, by notified order, authorise any person or body of persons to take "ver the management of the whole or any part of the tea undertaking or tea unit or to exercise in respect of the whole or any part of the tea undertaking or tea unit such functions of control as may be specified in the order - - - - - constitution of fund 27 (1) there shall be formed a fund to be called the tea fund, and there shall be credited thereto-- - - - - protection cf action taken in good 1aith 46 no suit, prosecution or othf:r legal proceeding shall lie apinst any person for anything which is in good faith done or intended to be done under this act or the rules made thereunder - - - - - bill further _ amerlld the tea aet, 1963 (shf'i pra'll4b kumclf' mukhef'jee minister of commef'oe ni steel 4"4 mi,,")

Parliament_bills

0e58fb1e-8577-5700-9649-5ff702ff803e

bill no 179 of 2014 the free and compulsory education for children of parents living below poverty line bill, 2014 by shrimati supriya sule, mp a billto provide for free and compulsory education from pre-primary to senior secondary level and career guidance to the children of parents living below poverty line be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the free and compulsory education for children ofparents living below poverty line act, 2014short title,extent andc o m m e n c e - ment(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires:—definitions(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "career counsellor" means a person who possesses essential qualificationsand professional experience to give advice and information to students about their career;5(c) "career guidance" includes providing information to students on the variouscourses available on completion of school education, the basic requirements to join a course and the manner of applying for admission in such courses;(d) "child" means a male or a female who has not attained the age of eighteenyears;(e) "parent" includes the adoptive or step parent or guardian of a child;10(f) "parents living below poverty line" means such parents whose income fromall sources does not exceed rupees one lakh per annum; and(g) "school education" means education from pre-primary level to seniorsecondary or equivalent level and includes vocational courses153 the appropriate government shall provide free and compulsory school education to every child whose parents are living below poverty linefree and compulsory school educationexplanation— for the purpose of this section, "free education" includes:—(a) any fee including admission and tuition fee;(b) provision of books, note books and stationery materials free of cost; and(c) mid-day meal and free hostel facility, wherever necessary20establishment of schools4 (1) the appropriate government shall establish adequate number of schools forimparting school education(2) for the purpose of sub-section (1), the appropriate government may, if it deemsnecessary, upgrade any of the existing primary, middle or secondary school to senior secondary level255 the appropriate government shall apoint at least one career counsellor in everyschool for career guidance to every studentprovision for career guidance6 (1) it shall be the duty of every parent living below poverty line to admit his childrenin a school(2) no parent shall withdraw his child from school till the child completes the educationduty of parents to admit their children in school307 no person shall employ a child in any job which prevents him from receiving schooleducationprohibition on employment of child punishment8 any person, including parents, who for any reason prevents, restrains or obstructsa child from attending school or receiving school education, shall be punished with simple imprisonment for a term which may extend upto one year and shall also be liable to fine359 the central government shall provide adequate funds to the state governments for effective implementation of the provisions of this actcentral government to provide adequate funds to the state governments power to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act40(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parlament, while it is in session, for a total period of thirty days which5may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both house agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonseducation plays an important role in shaping an individual's career education removes blanket of ignorance, empowers people and familiarizes them of their fundamental rights the level of education helps people to earn recognition and respect in the society article 21a of the constitution guarantees free and compulsory education to all the children between the age of six to fourteen years however, there is no obligation on the part of the government to ensure pre-primary and higher education although, government has taken an important step by enacting the right of children to free and compulsory education act, 2009, yet, a lot more needs to be done to enable the children to secure gainful employment after completing their educationmodern education system is so expensive that all citizens cannot afford it poor parents with meager income are unable to send their children to school beyond eighth standard and the child is left with no option but to dropout after eighth class it reflects poorly on our educational systemeducation alone cannot be fruitful unless supplemented by career guidance in schoolsit will prove to be a boon to the students in pursuing further studies and choosing their careerthe present bill, therefore, seeks to put an obligation on the appropriate government to ensure free and compulsory education and career guidance to the children of parents living below poverty line from pre-primary upto senior secondary or equivalent levelhence this billnew delhi;supriya sulenovember 11, 2014 financial memorandumclause 3 of the bill provides for free and compulsory education to every child whose parents are living below poverty line clause 4 provides for establishment of adequate number of schools for imparting school education it further provides for upgradation of primary or middle schools upto senior secondary and also appointment of career counsellor in every school clause 9 provides for providing of adequate funds to the state governments for effective implementation of the provisions of the act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifteen hundred crore would be involved as recurring expenditure per annuma non-recurring expenditure is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for free and compulsory education from pre-primary to senior secondary level and career guidance to the children of parents living below poverty line————(shrimati supriya sule, mp)gmgipmrnd—3117ls(s3)—04122014

Parliament_bills

f8e75d5c-1392-578c-9f55-497074d4bb3c

bill no 104 of 2009 the constitution (amendment) bill, 2009 byprof ranjan prasad yadav, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called constitution (amendment) act, 200952 after article 275 of the constitution, the following article shall be inserted, namely:—insertion of new article 275a grants from the union to the state of bihar10"275a notwithstanding anything in article 275 of the constitution, there shall be paid out of the consolidated fund of india as grants-in-aid of the revenues of the state of bihar such capital and recurring sums as may be necessary to enable the state to meet the costs of implementation of schemes for accelerated development of the state including development of infrastructure, generation of adequate employment opportunities and for undertaking relief and rehabilitation measures in the flood and drought prone areas:provided that there shall be paid out of the consolidated fund of india a sum of rupees ninety thousand crore as one time grants-in-aid of the revenues of the state of bihar and a sum of rupees thirty thousand crore every year to that state:5provided further that such grants-in-aid shall be in addition to the annual allocation made by the finance commission to the state of bihar and such other financial assistance as may be provided by the government of india to that state:provided also that the grants-in-aid referred to in this article may be reviewed by the government of india on the expiration of a period of five years from the commencement of this act"103 after article 371-i of the constitution, the following article shall be inserted, namely:—insertion of new article 371j15"371j notwithstanding anything in this constitution, the president may by order made with respect to the state of bihar, having regard to the requirements of the state as a whole for development, poverty alleviation, employment opportunities and other welfare measures for the people of the state, provide for:—special provision with respect to the state of bihar(a) implementation of long term schemes for accelerated development of the state;(b) an integrated scheme for flood control particularly in respect of rivers originating in the neighbouring countries;20(c) an integrated scheme for drinking water supply and irrigation in the drought prone areas of the state;(d) long term schemes for the development of infrastructure such as roads, highways, electricity, industries, sanitation, healthcare and such other projects; and25(e) adequate facilities for technical education, vocational training, equitable opportunities for employment in services under the control of the government and in private sector" statement of objects and reasonsbihar is strategically one of the most important states of the indian union, but unfortunately stricken with acute backwardness its underdevelopment and educational and social backwardness is mainly due to the consistent neglect by the central government and absence of good governance mother nature has also not been kind to this state, as half of the state is drought prone, while the other half is prone to floods bihar faces the fury of floods every year mainly from the rivers originating in the neighbouring country of nepal the state is inhabited by tribals, dalits and other socially and economically backward people and is facing numerous problems such as widespread unemployment and lack of industrial development due to very poor infrastructure there has also been unprecedented rise in cases of various diseases mainly vector-borne diseases like malaria, filaria, kala azar, dengue, encephalitis, and other diseases like water-borne diseases, cancer, aids, heart ailments, etc the road network of the state is in shambles and educational facilities are in a very poor shape particularly technical, medical and vocational education investment in the state, be it domestic investment or fdi, is dismal there is no adequate infrastructure like power, irrigation, roads, railways, communication, etc, in the absence of which it is not possible to accelerate the growth and development of the state at the desired levelsin the year 2008, the flood waters of the river kosi originating in nepal devastated a major part of the state as it breached its embankments displacing millions of people most of these displaced people are yet to be rehabilitated though the state government is doing its level best to rehabilitate these displaced people and also to bring about overall development of the state, but this is not possible without the active support of the centre as the state will require huge central assistance therefore, rupees ninety thousand crore as grants-in-aid and additional rupees thirty thousand crore annually needs to be allocated to the state of bihar for its overall developmentfor this purpose new provisions are to be inserted in the constitution to enable the centre to release the required funds to the statehence this billnew delhi;ranjan prasad yadavnovember 3, 2009 financial memorandumclause 2 of the bill provides for grant-in-aid of the revenues of the state of bihar for development activities it also provides for one time grant-in-aid to the tune of rupees ninety thousand crore and rupees thirty thousand crore as recurring annual expenditure clause 3 provides for special provisions for the development of the state of bihar the bill, therefore, if enacted, will involve a recurring expenditure of rupees thirty thousand crore per annum from the consolidated fund of indiaa non-recurring expenditure of rupees ninety thousand crore is also likely to be involved lok sabha———— a billfurther to amend the constitution of india————(prof ranjan prasad yadav, mp)gmgipmrnd—4623ls (s-5)—26112009

Parliament_bills

7f712b74-9fea-507c-b2ca-caece940b7e4

bill no 131 of 1970 the appropriation (railways) no5 bill, 1970 a billto authorise payment and appropriation of certain further bums from and out of the consolidated fund of indi4 for the service of the financial yeor 1970-71 for the purposes oj railways be it enacted by parliament in the twenty-first year of the republic of india as follows:-1 this act may be called the appropriation (railways) no5 act, 1970 short title 2 from and out of the consolidated fund of india there may be paid s and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of thirty-six crores, fifteen lakhs and forty-eight thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1970-71, in respect of the services relating to railways specified in column 2 of the 10 schedule issue at rs 36,15-48,000 out at the consolidated fund ot india for the financial year 18'10-'71 appropria-3 the sums authorised to be paid and applied from and out of the ticm consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year --i 2 3 sums not exceedin, services and purposes s no of vote voted by char~on total parliament the onaolidated fund 10 ri ra ri i railway board 508,000 5,08,000 :& miacelladeoua bspedditure , 2518000 25,18,000 4 workln, ~atioll , 5,81,89000 581,89,000 5 worltin ~aepain add maim educe 14,7689,000 14,7689,000 1310,17000 13,10,17,000 15 6 worltln bxpenaes-opel'atln, statf 7 workinl expenaa-operatioll (fuel) 8,26,000 i 8,26,000 i than 8 wodtin, bxpeiues-operatioll other staff and fuel 55,48,000 5548,000 1,46050000 146,50,000 10 working expenses-staff welfare i 20 3,000 3000 is open line worts-capital, depreei reserve fund and development f ali on und total , 36,1548,000 36,1548000 statement ···of ,objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitu· tion of india read with article 115 thereof, to provide for the appropria· tion out of the consolidated fund of india of the moneys required to meet the supplementary expenditure granted by the lok sabha for expenditure of the central government on railways for the financial year 1970-71 gulzari lal nanda president's recommendation under article ,117 of the constitution of india[copy of letter no 70-b4017, dated the 27th november, 1970 from shri gulzari lal nanda, minister of railways to the secretary, lok sabha] the president having been informed of the subjec;:t matter of the proposed appropriawm bill providing for the (ilppropri4tion out of the consolidated fund of india of the supplementary grants made by the lok sabha for 1970-71 recommends under clauses (1) and (3) of article 117 of the constitution of india read with clause 2 of article 115 thereof, the introduction in and consideration by the lok sabha of the appropria tion bill a billti) authorise pay:nent and appropriation of certain further sums from and out of the consolidated fund of in:iia for the service of the financial year t 970-'71 for the purposes of railways (shrl oul6ari lal n (ltlda, minuter dj rallfj)qys)

Parliament_bills

bea78cfe-8d8b-5ac3-8889-2a88136d3c9b

bill no 34 of 1964 the indian coinage (amendment) bill, 1964a bnl further to amend the indian coinage act 1906 be it· enacted by parliament in the 'fifteenth year of the republic of india as follows:-1 (1) this act may be called the indian coinage (amendment) shorttitle act, 1964 and commence_ 5 (2)' it shall come into force on the 1st day of june, 1964 ment z in section 13 of the indian coinage act, 1906 (hereinafter re- amend-ferred to as the principal act), after sub-sect1lon (3), the following ment of sub-sectioo shall be inserted, namely:-section 13 10 c· (4) all new coins in the naya paisa series, designated as such under the notification of the government of india in the ministry of finance, department of economic mairs, no sro 1120, dated 11th may, 1956 which may have been issued under this act prior to the commencement of the· indian coinage (amendment) act, 1964, shall continue to be a legal tender in payment or on accountt,-is ! (a) in the case of a balf-rupee or fifty naye'pa!se coin, for any sum not exceedjng ten rupees; (b) in the case of any other co1n, for any sum not exceeding one rupee" 3 in section 14 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:-amendmentor section 14 s ,e (4) as from the commencemenlt of the indian coinage (amendment) act, 1964, all references in any enactment ~r in any notification, rule or order under any enactment or in any contract, deed or other instrument to any value in naya paisa or naye paise shall :be construed as references to that value expressed respectively in paisa or paise, being the new coins designated as such from tat day of june, 1964" statement of objects and reasonswith the demonetisation of the anna-pie series of coins, it is proposed to drop the prefix 'naya' flrom the decimal coinage system of 'naya paisa' with effect from 1st june, 1964 the 'naya paisa' coins , will continue to be legal tender and will remain in circulation along with the new 'paisa' coins until they are called in this change in designation will necessitate consequential amendments in enactme;nts and notifications, rules or orders, issued thereunder or lin contracts, deeds, or other insttuments where references to any value may have been expressed in 'naya paisa' while the change in designation of the decimal coins from 'naya paisa' ,to 'paisa' will be brought about by means of a notiftcationto ·be issued by the central governmenjt under section 14(1) of the indian coinage act, 1906, the amendments proposed in the am are required to maintain the legal tender oharacter of the 'nay a paisa' coins and to provide for the consequential amendtpents t t krishnamachari new delhi; the 8th april, 1964 a bill! further to amend the indian coinage act, 1906, (shri t t krishnljrnachari, minister of fintl1lce)

Parliament_bills

7483144d-f5ab-5ebb-b1a9-83bdb088add3

i iiiu r • &t r i_ tile kerala appropria non (no 3) bill, 1966 & billto authorile payment and 4ppropriation of coecliia /t&fdm' ivms from cmd out of the consolidczted fund of die ~ of kercdtl for the ,ervice of the financial 'ljetlt 1966-67 be it enacted by parliament in the sewmlie'mth year of the republic of india as follows:-1 this act may be called the kerala appcpiation (no3) act, short 1966 -title s z from and out of the consolidated fudd 01 me state of kerala issue of there may be paid and applied sums not exoced" those specified in rs 1,68, column 3 of the gchedule amounting in the cl4flte to the sum of 89,100 one crore, sixty-eight lakhs, eighty-nine thc:~ and one hundred !o~ut rupees towards defraying the several ch8l1'!s ncb will come in of the 10 course of payment during the financial year :~ :n respect of the consoliservices specified in column 2 of the sch~ dated fund of the state of kerala for the financial year 1968-81 3 the sums authorised to be paid and applied from and oui oi the consolidated fund of the state of kerala by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year nib schbdule (see sections 2 and 3)sums not exceeding no of 5 vote· serric:a and purposes vorod by parli8ment ~ total· diilid f1iiiii i ra rs~ a 300 :1,,00 2,boo 10 xvi university bdacation xvii general bduc:iiion 30,000 11~00 47,600 , 1,00,000 \ 1,00,000 2,00,000 xix medical 1,:100 1,200 xxiii fisheries 100 100 xxv animal hurbandry 80,000 80,000 15 xx vi co-operation 10,000 1,61,100 - 1,71,100 xxvii i industries 1:1,100 12,100 xxviiictnftllltlftity ~lopment project, natimlal extension servico and local development works xxx harijan weu'aft: 20 100 xxxii' irrip,liob _ xl miscelhneous 100 900' xlui capitaloudayoll public health 1~51zoo - ~icjq· xliv capital outlay on agricultural impronment 25 63,97100 3j,iijg a64jn8oq xlv capital outlay on industrial and ecooomic development 30,00,000 i jdpd,oad xlvi capital outlay on irrigation - 300 300 xlvii capital outlay on public works ip8,500 1,08,500 l capital outlay on transport schemes 30 so,77,ooo 5o,71,goo total lv loans and advances by the government i 11!85,fjoo 501,200 1,68,89,100 r statement of objects and reasonsthis bill is introduced in pursuance of articles 204 (1) and 205 of the constitution and the proclamation issued under article 356 of the constitution in respect of the state of kera1a on the 24th march, 1965, as extended by the parliament to provide for the appropriation out of the consolidated fund of the state of kerala of the moneys required to meet the supplementary expenditure charged on the consolidated fund of the state of kerala anti the grants made by the lok· sabha for expenditure of the government of kerala for the financial year 1966-67 - sachindra chaudhurl president's recommendation under article 207 of the constitution of india[copy of letter no f5(13)-b/66, dated the 6th november, 19q6 from shri sachindra chaudhuri, minister of finance to the secretary, lok sabha] by virtue of the proclamation dated the 24th march, 1965, issued under article 356 of the constitution, as extended by the parliament· upto the 10th november, 1966, the president having been informed of the subject matter of the proposed bill to authorise paympnt and appropriation of certain further sums from and out of the consolidat-ed fund of the state of kerala for the services of the year ending on the 31st day of march, 1967 recommends the introduction of the kerala appropriation (no3) bill, 1966 in the lok sabha and also recommends to the sabha the consideration of the bill under article 207 (1) and (3) of the constitution read with article 205 thereof 2 the bill will be introduced in the lok sabha after all the supplementary demands for grants for 1966-67 (presented in the last and current sessions of lok sabha) have been voted a bill to auttorise payment and appropriation of certain further surne; fiom and out of tre consolidated fund of the state of keraja for the services of the financial year 1966-67 :shri sachindra chaudhuri, alini~ter of finance)

Parliament_bills

d1d811a4-1562-50af-90ad-5e2e8842abe4

the merclianr s:ill'ping (a!-1endment) bill, 1982 lto be/as introduced in l()k &bha 71 page 4, lire 1 , -!ql: "sub- section" ~ ii sub- sections" 2 page 7, in the marginal heading t, propo sed section 356b,-ts:u: "derinations" l:ead "defjnitions" 3 page 10, line 12,-!q1: "appointed" read "authorised" 4 page 15, in the marginal heading to clause 12, ~ !qr "411" ~ "411a" / 5 page 15, in the marginal hervung to proposed section 411a,-after "powers" ;j;nsert "of" 6 page 17, in the marginal herding t·) l)l'vp"ij~rl qr·,j;1 •• 'n \'j~{h\ !qj: "registars" ~ "reetstrars" 7 page 17, line 22,-arter "boats" insert-"(hereafter in this part referred to as registr'3r)" 8 page 17, line 23,-~ "such" 9 page '17, line 40,-!21: "to a registr~r" ~ "to the registrar" 10 page 18, in the marginal heading to proposed section 4351i,-ts:u: "0 r" ~ "to " 11 page 19, line 42,-~ "of indian fishing boats" 12 page 20, line 3,-at:t~;r;: ''boat'' ;1nser t "a" 13 page 24, line 3,-m "on ii lltad "0 r" 14 page 26, line 12,-oill11 "a" 15 page 26, in the m~rp'in'll heqding to cl?~use 17,-after "a~t" insert "5" 16 pa~e 26, line 28,-fo r" "c') rre spannr" 1:qaq "corre spondin gil 17 page 27, line 19,-( 1) " nu: li( see)" rqad "( c'j' (11) !q1: "we>rd" ~ "words" 18 page 32, line 20,-lll: "pre scribed i, ~ "pre scribe" 19 p age it 3, line 33,-fsll: "circum! t'3jlce" ~ "circumstance" 20 page 43, line 35,-ru "or" nwd "njr " 21 fage 43, line 45,-!q!: "my " mad "m~" 22-f~ge 43, line 52,-fq1: "ope ation" l23d "oper'lt:ior; i, 23 p:jge 43, line 8 from bottom,- !ql: "356( 2) n ~ "356c( 2) " :new dellii· " , august 6, 1982 srav~na 15, 1904 (saka) b1u no 103 of 1- - the merchant shipping (amendment) biij" 1982/1l:rther to ame-rtd tile merch4nt shippi'rg act, 1906 sa i~ enacted by parliament in the thirty-third year of the repubuc qf india as follows:-1 this act may be called the merchant shipping (amendment) act, short 1982 title referred to as the principal act), the following section shall be iubatituted, namely:-'" of 1_ 5 2 for section 2 of the merchant shipping act, 19158 (here1datter subltituuod ofdew' aectioill lor 10 sectlona "2 (1) unless otherwise expressly provided the prov1s1ona 0'1 applicathis act which apply totion of act (a) any vess~l which is registeredin india; or (b) any vessel which 18 required by this act to be 10 1'81111-tt~l·edi or i~ 10 (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (4) or in clause (b) or in clause (c) as the case may be, of section 21 applies mall 80 apply wherever the vessel may be (2) unless otherwise expressly provided, the provisions of this act which apply to vessels other than those referred to in sub-ieo-uon (1) shall 10 apply only while any such vessel is within india, mclucunl the terr1torial waters thereal" ~~­ meni ot sections~ 1n se~\)'qn ~ ot the principal act, in clause (37), for the :figures, letters and words "17th day of june, 1960", the figures, letters and worda "1st day of november, 1974" shall be substituted 4 in section 22 of the principal act the following e:rplanation shall be inserte<i at the end, namely: _ 5 ameddmeutot section 22 'explanation-for the purposes of this section, "ship" does not include a fishing vessel' 5 in section 74 of the principal act, for clause <j) of sub-section (2), tbe following clause shall be substituted, namely:-amendment of section '74 "(j) the fees that may be levied for the survey or inspedion of 10 any ship for the p1d'pose5 of i'0gistration and the manner in which sueh fees may be collected;" 6 in section 87 of the principctl act, after clause (d), the followidl clause shall be inserted, namely:-amendment of section 8'1 "( dd) fix the fees that may be levied for surveyor inspection of 15 a ship for ensuring compliance with tbe provisions of this part and provide the manner in which such fees may be collected;" 7 in section 175 01 the principal acl, after clawie (e) of sub-sec'tion (2), the followmg clause shall be inserted, namely:-amendment of eectlon 1'15 "(i) the fees that may be levied for the survey or inspection of 10 crew spaces and for scrutiny of plans of crew accoljl]dodation spac and the manner in which such fees may be collected;" 8 in section 282 of the principal act,-amendment of section 282 (a) in clause (w), the word "and" occurring at the end shall be onritied; ~5 (b) after clause (w), the following clause shall be inserted, namely:-'( (ww) the fees that may be levied for the survey or inspection of pijpim ships with respect to sanitary conditions, provision of stores, medical ~jities available on such ships and such other 30 purposes that may be relevant for compliance with the provisions of this part relating to pilgrim ships and the manner in which such fees may be collected; " 9 in section 344 of the principal act, after clause (c) of sub-section (2), the following clause shall be inserted, namely:-35 amendment of section 144 (( (d) the fees to be eharged for the surveyor inspection of hull, machinery, boilers, electrical appliances and other fittings and the materials - for their construction, fire appliances, life savlal appliances, radio communications equipment, radar, echo' loundiq device and gyro comp886, or testing or approval of bily of the foreloin&, equipments or materials uhd for their manufacture, or exami- 40 nation of plans of construction of any part of ship's hud,· machinery electrical appliances and other equipment aforesaid and the manner bl whieh such fees may be recovered" 10 after part xa of the principal act, the following part shall be !merted, namely:-iniertion otnew partxb 'part xb civil liability for on pollution damage352g this part applies to-application 5 (a) every indian ship wherever it is; and 10 80 of 1978 (b) every foreign ship while it is at a port or place in india or withln the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereaft~r have, exclusive jurisdiction in regard to control of marine pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, or any other law for the time being in force ide1lnltionlo 352h (1) in this part, unless the context otherwise reqw~,-15 (a) "incident" means any occurrernce, or series of occurrences having the same origin, which causes pollution damage; (b) "oil" means any persistent oil such as crude ou, fuel oil, heavy diesel oil, lubricating oil and whale oil, whether carried od board a tanker as cargo or fuel; 110 (c) "owner" means-(i) the person registered as owner of the ship and includes the operator who for the time being is in charge of the ship and the master of the ship; or (ii) in the absence of registration, the person owning the ship; or (iii) in the case of a tanker owned by a foreign stat&, the person registered in that state as operator of the ship; (d) "pollution damage" means loss or damage caused outside the ship by contamination resulting from escape or discharge 30 of oil from that ship, wherever such escape or discharge 0cc'lll'b, and includes the costs of preventive measures and further 1088 or damage caused by preventive measures; so, however, that the provisions of clause (a) of sub-section (1) of section 352b shall not apply to such loss or damage; (e) "preventive measures" means any reasonable measures taken by any person after the incident to prevent or minimise pollution damage (2) in this part-(a) the expression "franc" shall have the same meaning as is 'assigned to it in clause (b) of section 352; and (b) the expression "tonns,ge" shall mean the tonnage of a ship determined in accordance with the provisions of section 352b and where it is not so determinable it shall mean forty per cent of the weight in tons of oil cargo the ship is capable of carrying 3621 (1) save as otlierwise provided in sub-liection (2) i (3) and (4) i the owner at the time of an incident, or, where the incident consists of a series of occunences, at the time of first of such occurrences, shall be liable for any pollution damage caused by 011 which hal escaped or been discharged from the ship as a result of the incident 5 (2) no liability for pollution damage shall attach to the owner under sub-section (1) if he proves that the pollution damage-(a) resulted from an act of war, hostilities, civil war, in-itu'l'ection or 8 natural phenomenon of! an exceptional, inevitable and irresistible character; or 10 (b) was wholly caused by an act or omisrioo done with intent to cause such damage by any other person: or (e) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its 15 functioll5 in that behalf (3) where, with respect to any incident, the owner proves that the pollution damage resulted, either wholly or partlally, from '8jl aet or omission done, with intent to cause such damage, by the penon who suffered damage, or from the negligence of that person, the owner go shall be exonerated wholly or, as the case may be, partially from liability to that person (4) where, in liny incident, pollution damage result!' from escape or dil!lchar~ of oil ft-om two or more ships, the owners of all such "hips shall be jointly and severally liable for all such damage which g~ is not reasonably separable (5) no claim for pollution damage shall be made against any owner otherwise than in accordance with the provisions of th1s section (6) no claim tor pollution damage shall be made against any so servant or agent of the owner 352j (1) save as otherwise provided in sub-section (2), the owner may limit hi;; liability under section 352i in respect of any incident to an aggregate amotmt of-ltmltatiod of uabilit)' (a) two thousand francs for each ton of the ship', tonnate; or 55 (b) two hundred and ten million francs, whichever is lower (2) where any incident causing pollution damage occurs u - result of the actual fault of the owner, he shall not be entitled to hmit his liabiuty under sub-section (1) 40 coditttution or jjmltatjoa tund 352k (1) (~ any owner desiring to avail of the beneftt of limitation of his jiability under sub-section (1) of section 352j shall make an application to the high court for constitution of a limitation fund (hereafter tn this part referred to as fund) (b) such fund may be constituted either by depoahjng the sum 45 1dth the high court or by furnishing bank guarantee or aueh other eeeurity 88, in the t:)pinion of the high court, is satisfactory (2) (a) the insurer or any other person providing flnanc1a1 security to the owner may apply to the high court for constitution of the fund under sub-section (1) and any fund so constituted shall have the same effect as if it were constituted by the owner , 5 (b) such fund may be constituted even in cases where subsection (2) of section 352j applies but in any such event constitution of the fund shall not prejudice the rights of any claimant against the owner for full compensation exceeding the amount deposited or secured in the fund {o (3) the amount in francs to be deposited or secured in the fupd under s'ub-section (1) shall be converted in rupees on the basis of ofticial value in rupees of the gold contents of franc on the date of t:onstitution of the fund 15 acquisition ot right for compen sation by lubroption 362l (1) where the owner or any of his servants or agents or any other person providing him insurance or other financial, security has, as a result of incident in question, paid any compensation 'to any claimant, such person shall, up to the amount so paid by him, be entitled to acquire by bubroj!ation the rights to which the claimant so compensated would be entitled to !io (2) where the owner or any other person providing him insurance or other flnancial securitv establishes that he mav at a later date be compelled to pav to any person, in whole or in part any amount hy wav of comoenqlltfnn for nol111tion ifamape ('auy-if bv the incment with resnect to which he wculr! have heen entit'e~ to a('outre bv 8uhroli5 j!atlon the riltht of tbe c'a;mllnt had the comnpnsllt;on heen nilfd before the fund wal'; di~trfhuteif the in,,h cn11tf mav nrifet" that sufficient amount from the fund may provic:;ionllllv he set asma to enable the owner or such other persotl to e!1force his claim against the fund at a later date so 352m (n the hie:h court shllll con"lnlfrtllto all claims against the fund including those arising under section 352l consolidation of clabnan4 distribution of fund (2) anv claim in respect of exoenses rersonab'v incurred or eserfflces reasonably made bv the owner vnlunbliilv tn nrpvent or minimise pollution damage shal1 rank equally with other claims a~inst the fund (3) subiect to the provisions of sub-section (2) of section 35211, the hi~h court shall distribute the amc7unt in the fund amon~ all claimants in proportion to their established claims 352n '(n the owner of every inifian ship whfch carries 2000 tons or more oil in bulk as carlto shall in respect of such ship ma'ntain an insurance or other financial security for an amount equivalent to-compulsory insurance orotber ftnanelal guarantee (a) two tliausand 'francs for each ton of ship·!; tonnage; or (b) two hundred and ten mullon francs , whichever is lower 45 (2) in respect of every indian ship which mafntain5 insurance or other flnancial security under sub-seclion (1), there shall be issued by the director-general a certificate in such form and gi"fn~ such particulars as may be prescrihed (3) on an application by the owner or agent of any foreign lhip the dh'ector-general may issue a certificate under sub-section (2) in respect of such foreign ship on production of satisfactory evidence relating to maintenance of insurance or other financial security in aecorda"lce with the provisions of the international convention on 5 civil liability for oil pollution damage signed at brussels on the 29th day of november, 1969 acceptance of c:ertideates issued outside ineue (4) for every certificate issued under sub-sections (2) and (s) there shall be charged such fee as may be prescribed 3520 any certificate issued by a competent authority in any 10 country outside india to a ship registered in that country or any certificate issued by r competent buthority of any co'lultry which is a contracting party to the international convention on civil liability for oil pollution damage signed at brussels on the 29th day of november, 1969, to any ship wherever registered, shall be accepted 15 at any port or place in india as if it were issued un~er this act 352p (1) no indian ship, which has on board 2000 tone or more oil in bulk as cargo shall enter or leave or attempt to enter or lea" any port or place in india unless it carries on board a certtftcate i8f(ued under sub-section (2) of section 352n or a certificate accepted 20 under section 3520 ban on enterlnl or leavinl an indlan port without certlftca" (2) no ship other than an indian ship carryin~ 2000 tons or mote 011 in bulk as cargo, wherever registered, shall enter or leave or attempt to enter or leave any port or place in india unless it carries on board a certificate issued under sub-section (3) of section 115 352n or a certificate accepted under section 3520 government ship' (3) no customs officer shall ~ant inward entry or outward clearance to anv ship to which sub-section (1) or as the caee may be sub-section (2) apt>lies unless its master produces a cert1ftcate required under the respective sub-section 30 352q nothinl! in thff: part shall at>nlv to any ship of war or any shit> for the time beinl! used bv the government 0'1 any country for purposes other than commercial purposes 352r the central government may make rules prescrfblng-power to make rulis (0) the form of certificate to be issued by the director- 35 general under sub-section (2) of section 352n and the particulars which it may contain; (b) feee which may be charged for issue of certificates under section 3s2n' i 11 for part xia of the principal act, the following part' shall be dl' substituted, namely: -i 'part xia substitution of new part tor part xia commencement and appucat1on p1mvbn'rron and containment 0'" poll"tmon of thil sea by oil 356a (1) the provisions of this part shall come into force on sueh date as the central government may, by notification in the oftlclal 45 gazette, appoint, and different dates may be appointed for different provisions of this part (i) this part shall apply to-(0) tankers of one hundred and fifty tons gross or more; (b) other ships of five hundred tons gross or more; and 5" (c) off-shore instauatiod8 31i6b in this part, unless the context otherwise requires,-5 10 of 1978 10 (a) "cargo" includes ballat!lt and ship's stores and fuel; (b) "coast" includes any island forming part of india; (c) "coastal waters" means any part of the territorial waters of india, or any marine areas adjacent thereto over which india has, of, may hereafter have exclusive jurisdiction in regard to control of marine pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, or any other law for the time belne in force; (d) "convention" means the international convention for the prevention of pollution of the sea by oil, 1954, signed in london on the 12th day of may, 1954, as amended trom time to time; 11 (e) "discharge", in relation to oil or oily mixture, m38ll8 any discharge or escape, however caused; (f) the expression "tram nearest land" shall mean the baseline from which the territorial sea of the territory in question is established in accordance with the geneva convention on the ao territorial sea and the contiguous zone, 1958, except that in relation to north-eastern coast of australia it shall mean from a line drawn 'from a point on the coast of australia in latitude 11° south, longitude 142° 08 east to a point in latitude 10· 35' south longitude 141°55' eastlis thence to a point latitude 10°00' south, longitude 142°06' east thence to a point latitude 9°10' south, longitude 143°52' bast thence to a point latitude 9°00' south, longitude 144°8(y east thence to a point latitude 13°00' south, longitude 144°()(y east thence to a point latitude 15°00' south, longitude 146°ocy east ' thence to a point latitude 18°00' south, longitude 147°00' east the'llce to a point latitude 21°00' south, longitude 153°00' east thence to a point on the coast of australia in latitude 24°42' south, longitude 153°15' east; (g) "instantaneous rate of discharge of oil content" means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant; (il) "mile" means a nautical mile of 1852 metres· - - (i) "oft-shore installation" means an installation, whether mobue or ftxed, which is used or is intended to be used for underwater exploffltion 0)' exploitation ot crude oil, petrolel,uu or other eimilar mineral oils, under leale, lioeonce or any other form of contractual arrangement and includes-(a) 'any installation which could be moved from place to p1a(je under its owli motive power or otherwise; and 5 (b) a pipe-line; (j) "oil" means-(1) crude oil; (ii) fuel oil; (iii) heavy diegel oil conforming to such specifications as 10 may be prescribed; and (iv) lubricating oil; (k) "oily mixture'> me~t)}~ ii mixtw'e with iuly 011 content; -(0 "oil reception facilities" in relation to a port, means :facuitiea for enabling vessels using the pott to discharge or 15 deposit ou residues; (m) "ship" means any sea-going vessel of any type whatsoever, including a boating craft, whether self-propelled or towed by another vessel, making a sea-voyage; (n) "tanker" means a ship in which greater part of the cargo 110 pace js com tructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, l'9rrying a- cargo other than oil in that part of its cargo space provision!'; li'or prlm!:ntion of pollution356c (1) no ou or oily mixture ahall be discharged from an 25 indian tanker anywhere into the sea or from a foreign tanker any· where within the coastal waters of india except where each of the following conditions is satisfied, namely:-(a) the tanker is proceeding en-route; prohlbitiona to dischar eofo1l or on, mixture, (b) the instantaneous rate of discharge of oil content does so not exceed sixty litres per mile; (c) the total quantity of oil discharged does not exceed 1/15,000 part of the total carrying capacity of the tanker; (d) the tanker;s more than 50 miles from nearest land; and 35 (e) the tanker is not within the designated areas noti1led as such under sub-section (6) of section 7 of the territorial warers, continental shelf, exclusive econ0mic zone and other maritime zones act, 1976: 80 of it'l8, provided that the provisions of this sub-section shall not apply 40 to-(t) the discharge of ballast from a cargo tank whjch, a1nce the cargo 'vas last carried therein, has been so cleaned that any afftuent therefrom would, if discharged from a 45 stationary tanker into clean calm waters on a clear day, produce no visible traces of oil on the surface of the water; or 5 (ii) the discharge of oil or oily m;xture from machinery space bilges, if any such discharge is made in compliance with the provisions of sub-section (2) as if it were made from a ship other than a tanker (z) no oil or oily mixture shall be discharged from an indian ship other than a tanker anywhere into the sea or from a foreign ship other than a tanker within the coastal waters of india except where each of the following conditions is satisfied, namely:-10 (a) the ship is proceeding en-route; (b) the instantaneous rate of discharge of oil content does not exceed sixty litres per mile; (c) the oil content of the discharge is less than one hundred parts per million parts of the oily mixture; 15 (d) the discharge is made as far from nearest land as practicable; and , of 19'18 !;io (e) the ship is not within the designated areas notified as such under sub-sect!on (6) of section 7 of the territorial waters, continental she~f, exclusive economic zone and other maritime zones act, 1976 (3) the discharge of oil or oily mixture into the sea from any off-shore installation is hereby prohibited 356d nothing in section 356c shall apply to-(a) the discharge of oil or oily mixture from a ship or an off-shore installation for the purpose of-prohibition not to apply in certain cases (i) safety of such ship or off-shore installation; or (ii) preventing damage to such ship or off-shore installation or cargo, if any, on board such ship or off-shore installation; or (iii) saving life at sea; (b) the escape of oil or oily mixture resulting from damage to or unavoidable leakage from a ship or an oft-shore installation if,after occurrence of the leakage, all reasonable precautions 35 have been taken for the purpose of preventing or m;nimising such escape; (c) the discharge of oily mixture from the bilges of a ship during the period of twelve months following the date on which this section comes into force equipment in ships to prevent oil pollution 45 356e for the purpose of preventing or reducing discharges of oil 'and oily mixtures into the sea, the central government may make rules requiring indian ships to be fitted with such equipment and to comply with such other requirements (including requirements for preventing the escape of fuel oil or crude oil or heavy diesel oil into bilges) as may be prescrtq~(" ou record book 356f, (1) every indian tanker and every other indian ship which uses oil as fuel shall maintain on board the tanker or such other ship an oil record book in the prescribed form: provided that different forms may be prescribed for tankers and other ships 5 (2) the manner in which the oil record book shall be m'aintained, the nature of entrie& to be made therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof, and all other matters relating thereto shall be such as may be prescribed having regard to the provisions of the conven- 10 tion 356g {l)a surveyor or any person appointed in this behalf, may, at any reasonable time, go on board a ship to which any of the provisions of this part applies, for the purposes of-(a) ensuring that the prohibitions, restrictio'ns and obliga- 15 tions imposed by or under this part are complied with; inspection and control of ships to which the convention applies (b) sntisfying himself about the adequacy of the measures taken to prevent the escape of oil or oily mixture from the ship; (c) ascertaining the c:;ircumstances relating to 'an alleged lzo discharge of oil or oily mixture from the ship in contravention of the provisions of this part; and (d) inspecting the oil record book (2) the surveyor or any such person may, if necessary, make, without unduly delaying the ship, a true copy of any entry in the 25 oil record book of the ship and may require the master of the ship' to certify the copy to be a true copy and such copy shall be admissible as evidence of the facts stated therein, 356h, (1) if, on report from a surveyor or other persons authorised to inspect a vessel u'nder section 356g, the central government 30 is satisfied that any provision of the convention has been contravened anywhere by a foreign ship, being a ship to which the provisions of the convention apply, it shall transmit particulars ot the alleged contrave'ntion to the government of the country to which ~~~~, " information regarding contra_ ventionof the provisions of the convention (2) on receipt of information from the government of any country which has ratified the convention that an indian ship has contravened any provisions of the convention, the central government mav if it deems it necessary 80 to do, request such government , to furnish further details of the alleged contravention, and if satisfied 4d that sufficient evidence is available to establish contravention of any of the provisions of this part or rules made thereunder, take appropriate action against the owner or master and intimate the reporting government of the action so taken ~6 i (1) notwithstanding anything contained in any other law for the time being in force, in respect of every port in india, the powers of the port authority shall include the power to provide iou reqlption facilities oil reception facilities at ports in india 5 (2) a port authority providing oil reception facilities or a person providi, such facuities by arrangement with the port authority, may make charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be approved, by inotification in the official gazette, by the 10 central· government in respect of the port (3) where the central government is satisfied that there are no 0] reception facilities at any port in india or that the facilities available at such port are not adequate for enabling ships calling at such port to comply with the requirements of the convention, tbe 15 central government may, after consultation with the port authnrity in charge of such port, direct, by ordeor in writing, such authgrity to provide pr arrange for the provision of such oil reception facilities as may be specified in the order (4) the central government may, by not~fication in 1he official 20 gazette, specify the ports in india having oil reception facilities in accordance with the requirements of tbe· convent!on exp,tanation-for the purpose of this section, "port authority" means,-(a) in relation to any major port, the board of trustees in respect of that port constituted under any law for the time being in force; 15 of 1908 (b) in relation to any other port, the conservator of the port, within the meaning of section 7 of the indian ports act, 1908 provisions for containment of accidental pollution356j (1) where the central government is satisfied that-power to give ( ) notice to a oil is ~scaping or is likely to escape from a tanker, a owner, etc, 35 ship other than a tanker or any off-shore installation; and of pollut_ ing ship (b) the oil so escaped or likely to escape is causing or threatens to cause pollution of any part of coasts or coastal waters of india, it may, for the purpose of minimising the pollution already caused, or, for preventing the pollution threatened to be caused, require-(i) th~ owner, agent, master or charterer of the tanker, 40 (ii) the owner, agent, master or charterer of the ship other than a tanker, (iii) the owner, agent, master, charterer or operator of a mobile off-shore installation, (iv) the owner, operator jessee or licensee of off-shore 45 installation of any other type, or all or any of them, by notice served on him or as the case may be on them, to take such action in relation to the tanker, ship other than a tanker, mobile off-shore installation, or, as the case may be, off-shore installation of any other type or its cargo or in relation to both, as may be specified in such notice 5 (2) without prejudice to the generality of sub-section (1), the notice issued under that sub-section may require the person or persons on whom such notice is served to take action relating to any or all of the followi'ng matters, namely:-(a) action for preventing the escape of oil from the tanker, 10 ship other than a tanker, mobile off-shore installation or off-shore installation of any other type; (b) action for removing oil from the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type in such manner, if any, and to such place, if any, 15 as may be specified in the notice; (c) action for removal of the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type to a place, if any, as may be specified in the notice; 20 (d) action for removal of the oil slicks on the surface of the sea in such marr1er, if 'any, as may be specified in the notice; (e) action to disperse the au slicks on the surface of the sea in such manner, if any, as may be specified in the notice 25 (3) the central government may, by any notice issued under sub-section (1), prohibit the removal-(a) of the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type, from a place specified in the notice; 30 (b) from the tankei', ship other than a tanker, mobile offshore installation or off-shore installation of any other type, of any c8l'go or stores as may be specified in the notice, except with its previous permission and upon such conditions, if any, as may be specified in the notice 35 (4) notwithstanding anything contained in sub-section (2), the central government may, if it is of the opinion that the pollution caused or likely to be caused has or may present a grave emergency, proceed to take such measures as may be deemed necessary and any measures so taken sh'all be deemed to have been taken under section 356k 40 n 3516k (1) where any person faus to tomply, or fails to comply in part, with any notke served on him under section 356j, the central government may, whether or not such penlcm is tonvicted of an offence under this part by reason of his having so failed to comply, tauie sucjt action to be taken as it may deem nec:essary for-45 powers to take measures tor pre· venting or containing oilpollu tum (i) carrying out the directives given in the notice issued under section 356j; and ;' 5 (ii) ~odt8inin the pollution already aaused or preventing the pollution threadeded to be caused, of coastal waters or, as the case may be, of any part of the coast of india by oil escaped or threatening to escape from the tank~r, a ship other than a tanker, a mobile off-shore installation ot' off-shore installation of any other type 10 is (2) subject to the provisions of part xb, any expenditure or liability incurred by the central government in, or by reason of the exercise of powers under sub-section (1) in relation to any tanker, ship other than a tanker, mobile oft-shore installation or oft-sbore iastallation of any other type lin respect of which a uotice had hell is&ued under section 356j, or its cargo of oil that had escaped or was discharged into the sea, shall be a debt due to the central government by the per90n or persons on whom the notke was served and may be recovered from that person, or 8s the ease may be, fi'om all or aay of those penons add shall be a charge upon am or any tanker, ship other than a tanker, mobile o8'~ot'e installation or off-shore installatioll of any other type owned by that person or persods which may be detained by the central govel'nment until the amount is paid: 25 provided that provisions of part xb of this act shall not apply to measures taken in respect of any off-shore installation which is not a ship within the meaning of this act except that in the event of pollution damage caused by any stfclf off-shore installation the person who is liable for the damage may claim exoneration from any liability if he proves that such damage-(a) resulted from an ,act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or 30 (b) was wholly caused by an act or omission done with intent to cause that damage by any other -person; or (c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of 35 its tunctions in that behalf 356l (1) where for the purposes of taking any measures under sub-section (1) of section 356k, services of any indian ship become necessary for-(i) lightening or transporting any cargo or equipment from or to the polluting ship; or (ii) providing any assi!~ce to @:nyoth~ ship or equipment engaged in rendering services"uiicfer cla\iser(i), -power of the central government to ,tve direction to certain ihipil to render certain ervicet 45 the central government may, if it deems it necesiary so to do, direct, by an order in writing, the owner of any indian ship, tug, barge or any other equipment to provide such services or assistance as may be specified in that order (2) the owner of any ship, tug, barge or any other equipment wlth respect to which an order under subsection (1) has b~n made shall be entitled to tariff rates of freight and charter hare at reasonable rates having regard to current market conditions: provided that where tariff rates of freight are not fixed or 5 where there is any dispute about reasonable rate of charter hire, the freight or, as the case may be, charter hire, shall be paid at such rates as may be fixed by the director-general by an order in writing (3) where in pursuance of the proviso to sub-section (2), the 10 director-general makes any order fixing rates of freight or charter hire, he shall determine reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as he may deem necessary oil poilutioa cell356m (1) with efteet from such date as the central govern- 15 ment may, by noti&eation in the oftleial gazette, speeify, there shall be levied on every ship caldng at any port in india being a sllip which carries oil as ca o, a cess to be called 0:1 pollution c~s (hereafter in this part referred to as cess) at such rate not exceeding fifty paise,-20 (a) in respect of each tonne of oil imported by a ship into india in bulk as a cargo; (b) in respect of each tonne of oil shipped from any place in india in bulk as a cargo of a ship, as the central government may, by noti&cation in the official gazette, 25 fix: provided that no cess shall be levied on a ship at amy port it the ship produces evidence of having paid such levy at the sanle ur any other port in india within a period of three months immediately preceding its present call at the port i :~o (2) the cess shall be collected by such officers and in sl1t'h manner as the central government may prescribe in this behalf rnd shall, after deduction of such costs of collection, if any, as the centr"l government may determine, be paid to such authority as the central government may specjfy 35 (3) the prooeeds of the cess shau, after due appropriat;on matlc by parliament by law, be utilised for the purpose of providin~ oil reeeption facilities and equipments and materials for combating oil pollution at various ports in india and for such other like purpnses as tbe central government may, by notijicat:on in the official 40 gazette, from time to time specify refusal of port clearance 356n the officer whose duty it is to grant a port clearance for any ship shall not grant the port clearance until the amount of cess payable under section 356m has been paid or until security for the payment thereof has been given to his satisfaction 3560 (1) the central government may, having regard to the pow~ t,c, provisions of the convention, make rules to carry out the purposes of make this ' part rules (2) in particular and without prejudice to the generality of the prov'isions of su))section (1), such rules may-(a) prescribe the specifications of heavy diesel oil for the purposes of sub-clause (iii) of clause (j) of section 356b; 10 (b) prescribe the equipment to be fitted in indian ships and other requirements to be complied with by those ships for the purposes of section 35:6e; , (c) prescribe the forms of oil record books for tankers and other ships, the manner in which such books shall be maintained, the nature of the entries to be made therein, the time 'and circumstances in which such entries shall be made the custody and disposal thereof and all other matters relating th,ereto for the purposes o'f section 356f; 20 (d) prescribe the fees which may be levied for inspection of oil monitoring system, oily water separator, oil content metre, crude oil washing system, inert gas system or other equipments or contrivances carried out on board for prevent~ pollution of tbe sea by oil and the manner in which such fees may be col~ected; (e) specify tbe, officers wbo shall collect the cess and the manner in which the cess shall be collected 12 after section 411 of the principal act, the following section shall inser-25 be inserted, namely: -ti'on of new section 411 "411a (1) if it appears to the central government-(a) that measures have been taken by or under the law of any foreign country for regulating or controlling the terms or conditions upon which goods or passengers may be carried by sea, or the terms or conditions of contracts or arrangements relating to such carriage; and (b) that such measures, in so 'far as they apply to things done or to be done outside the territorial jurisdiction of that country by persons carrying on hlwful business in india, constitute an infringement of the jurisdiction which belongs to india 3,,) powers the central governmentto protect interests of indian ship_ ping from undue foreign inter vention it may, by an order in writing, direct that this section shall apply to those measures either in whole or to such extent as may be specified in the order 45 (2) where an order issued under sub-section (1) is in force in relation to any measures, it shall be the duty of every person in india who carries on business consisting or comprising of the carriage of goods or passengers by sea to give notice to the central government of any requirement or prohibition imposed or threatened to be imposed on him pursuant to such measures so far as this section applies to him, including any requirement to submit any contract or other document for approval thereunder (3) where a notice under sub-section (2) is received from any person or there are grounds to believe that a notice! is likely to be received, the central government may, by an order in writing,give to such person directions prohibiting compliance with any suchrequirement or prohibition as it considers proper for maintaining the jurisdiction of india (4) any directions given by the central government under 5sub-section (3) may be either general or special and may prohibitcompliance with any requirement or prohibition either absolutely orin such cases or subject to such conditions, as to consent or otherwise, as may be specified in the order (5) if it appears to the central government that any person 10in india has been or may be required to produce or furnish to anycourt, tribunal or authority of a foreign country any commercialdocument which is not within the territorial jurisdiction of that country or any commercial information to be compiled from documents not within the territorial jurisdiction of that country and that 15the requirement constitutes' or would constitute an infringement ofthe jurisdiction which belongs to india, the central governmentmay, by an order in writing, give directions to that person, prohibit-ing him from complying with the requirement except to such extentor subject to such conditions as may be specified in the order", 2013 in section 417 of the principal act, in sub-section (1), after thewords "sailing vessel", the brackets and words "(other than a sailingvessel solely engaged in fishing for profit)" shall be inserted14 in section 435 of the principal act, for clause (0) of sub-section(2), the following clause shall be substituted, namely: - 25cc (0) the fees which may be levied for the issue or re-issue ofamend-ment ofsection417'amend-ment ofsection435certificates of registry, for the surveyor inspection of sailing vesselsbefore issue of such certificates, for the inspection of sailing vesselsand for all other purposes of this part and the manner in which suchfees may he recovered;" 3015 after part xv of the principal act, the following part shall beinserted, namely:- i 'part xvainser-tion ofnewpartxva fishing boats 435a save as otherwise provided, this part applies to every 35indian fishing boatapplica-tion ofpart435b for the purposes of this part, "indian fishing boat" means-defini-tion(a) every fishing vessel, as defined in clause (12) of section 3;(b) every sailing vessel, whether or not fitted with mechanical means of propulsion, solely engaged in fishing for profit; 40 (c) every boat or craft of any other type used solely forfishing which the central government may, by notification inthe official gazette, specify to be a fishing boat for the purposesof this section,which is owned wholly by persons to each of whom any of the des- 45criptions speclfled in clause (a) or in elauso (b) or in clause (c) ias the case may be, of section 21 applies or which satisfies such otherrequirements as the central government may, by notification in theofficial gazette, specify435c every indian fishing boat shall be registered under this obllga-part: > i tion to - i register provided that any indian fishing boat registered at the com-mencement of this part under part v or part xv of this act or any5other jaw for the time being in force in india shall be deemed to havebeen registered 'under this part:10 provided further that every indian fishing boat so deemed tohave been registered shall be re-registered under this part withinsuch period from the commencement of this part as the centralgovernment may, by notification in the official gazette, specify: provided also that registration of non-mechanised sailing vesselswill commence in different ports on such dates as the centralgovernment may, by notification in the official gazette, specifyport ofregistry ~ 435d (1) the ports at which registration of indian fishing boats$hall be made shall be such ports or places in india as the centralgovernment may, by notification in the official gazette, declare tobe ports or places of registry under this part (2), the port or place at which an indian fishing boat is regis-tered fur the time being under this part, shall be deemed to be her20 port or place of registry and the 'port or place to which she belongsregistarsof indianfishing,boats,435e the central government may, by notification in the official gazette, appoint an officer to be registrar of indian fishing boats ateveor such port or place declared as a port or place of r,egistry undersub-section (1) of section 435d435f an application for the registry of an indian fishing boat applica-shall be madetion forregistry (a) in the case of an individual, by the person requiring tobe registered as owner or by his agent; ~b) in the case of more than one indtvidual requiring to beso registered, by one or more of the persons so requiring or byhis or their agent or agents, as the case may be; and(c) in the case of a company or a cooperative society requiring to be so registered, by its agents; and the authority of the agent shall be testified in writing, if appointed35 by an individual under the hand of the person appointing him and, ifappointed by a company or a cooperative society under its commonsealcertificate ofregistry 435g (1) the owner of every indian fishing boat required tobe registered under this part shall make an application in theprescribed form to a registrar for the grant to him of a certificateof registry in respect' of the fishing boat (2) the owner of every indian fishing boat in respect of whichan application under sub-section (1) is made, shall cause thetonnage of the fishing boat to be ascertained in the prescribedmanner,<3) the registrar may make such inquiry as he thinks lit with respect to the particulars contained in such application and shall enter in a register to be kept for the purpose (hereinafter referred to as fishing boats register) the following particulars in respect ot the indian fishing boat, namely: -(a) the name of the fishing boat, the place where she was built and the port to which she belongs; (b) the rig, type and tonnage of the fishing boatj (c) the number assigned to the fishing boatj (d) the name, occupation and residence of the owner of the 10 fishing boat; (e) the mortgages, if any, effected by the owner in respect of the fishing boat; and (1) such other particulars as may be prescribed (4) after the particulars in respect of the indian fishing· boat f~ have been entered in the fishing boats register under suh·section (3), the registrar shall grant to the applicant a certificate of registry in the prescribed form (5) the owner 01 t!very indian fishing boat shtdl pay for plela rertificate of registry a fee according to such scale as may be prel- 20 cribed by the central government havin, r •• ard to the tondap of the fishing boat, but in no case exceedi11& one rupee per ton of its gross tonnage (6) an indian fishing boat required to be registered under thia part but not so registered may be det~ined by a proper officer until 25 the owner, skipper, tindal or other person in charge of the fishing boat produces a certificate of registry in respect of the fishing boat be painted 435h the owner of every indian fishing boat so registerea shall, before commissioning the fishing boat into service, paint or cause to be painted permanently in the prescribed manner on some conapi- 30 cuous part of the fishing boat, the name by wmch the fishing boat has been registered, the num ber assigned to the fishing boat by the registrar and the port or place to which she belongs, and shau take all steps to ensure that the fishing boat remains painted a6 required by this section 35 435 i a change shall not be made in the name of ad indian fishing boat registered under this part except in accordance with rules made in this behalf change of name otlndian flshin, boat special provision for indian fishin, boate 435j every indian fishing boat registered under this part shall corry on board such life saving appliances and fire appuances as are ,0 prescribed by rules made under ilection~ 288, 289 and 457 or under any other provision of this act, subject to such ~emptwns as mal be ilially granted in reepect of such fts~ boat , -4a:;k (i) no indian fishing boat shall ply or proceed to sea unless there is in force in respect of that fishing boat a certificate gf inspection granted under this part certiftcateof inspection 5 (2) a certificate of insp'ection in rec;pect of an indian fishing boat shall speclfy-(a) the name and tonnage of the fishing boat; (b) the name of skipper, tinda! or other person in charge ot the fishing' boat; (c) the maximum number of members of crew the fishing 10 boat is certified to carry; (d) the safety equlpments and appliances the fishing boat is required to carry or board; (e) such other matters as the central government may think fit to specify, 15 and shall oontain a statement to the effect that her hull, rigging, equipment and machinery where fitted are in good conditi'on (3) every certificate of inspection shall be in force from the date of issue 'for a period at one year or for streh shorter period as may be specified 1herein: 20 provided that when an indian fishing boat is at sea at the time of expiry of the certificate, the certificate shall continue to be valid until her first arrival at a port or place in india 435l (1) wilefe at any time subsequent to the issue of a certificate of inspectioll in respect of an indian fishing boat, the registrar has reason to believe that the fighing boat is not fit to proceed to sea, he may after giving the owner an opportunity of making a representation, cancel slich certificate cancellation, re_ issue, etc, of certificate of inspection go (2) where at any time subsequent to the issue of a certificate of inspection 'an indian fishing boat has undergone material alteration or has met with accident or, where the certificate of inspection hns been cancelled ~nder s'ub-section (1) and the application i:;; made for the re-ilssue of such certificate or for the grant of a fresh certificate the registrar may, before re-issuing the certificate or issuing a fresh certificate, as the case may be, cause such fishing boat to be inspected; and if the authority inspecting the fishing boat reports that she is not fit to proceed to sea or that her hull, rig$,ng or equipment are dcf('ctive such certificate shall not be re-issued or 35 -i~ued until the fishing boat is, in the opinion of such authority, fit to proceed to sea or the defect is rectified to the satisfaction of that authority 45 inspec_ tion of safety equipmente and appliances 435m (1) any surveyor appointed under section 9, any registrar of: indian fishing- boats appointed under section 435e or any other oftker appointed by the central government in this behalf by notification in the official gazette may at any reasonable time inspect any indian ming boat for the purpose cit seeing that she is properly provided with safety equipments and appliances in conformity with the rules referred to in section 435j (2) if the surveyor, or, as the case may be, the registrar or other omcer appoint~d under sub-section (1) find~ that the indian fisning boat is not provided with the aforesaid equipments and appliances, he shall give to the owner, skipper or tindal or any other person in charge of the fishing boat notice in writing pointing out the deficiency and also what in his opinion is requisite to remedy the said defieiency (3) no indian fishing boat served with a notice under sub-sectlod 5 (2) shall proceed to sea 'until it obtains a certificate signed by the surveyor, registrar or other officer appointed under sub-section (1) to the effect that it is properly provided with safety equipment!! and appliances in conformity with the aforesaid rules ' registration of alteration 435n when an indian fishing boat is so altered as not to 10 correspond with the particulars relating to her enterea in the certificate of registry, the owner of such fishing boat shall make a report of such alterations to the registrar of the port or place where the fishing boat is registemd, and the registrar shall either cause the alterations to be registered, or direct that the fishing boat may be registered 15 anew, in accordance with such rules as may be made in this behalf transfer of registry 4350 the registry of an indian fishing boat may be transferred from one port or place to another port or place in india on the application of the owner of the fishing boat, in accordance with such rules as may be made in this behalf ~o closure of regilltry 435p if an indian fishing boat is lost, destroyed or renderpd permanently unfit for service, the owner of such fishing boat shall, with the least possible delay, report the fact to the registrar of the port or place where the fishing boat is registered and also forward to him certificate of regi~try in respect df the fishing ooat; and there- ~5 upon the registrar shan have the registry of the fishiilg boat dosed 435q no person shall transfer or acquire any indian fishing boat registered under this part or any interest therein without the previous approval of the central government~ and any transaction effected in contravention of this section shall be void and unenforceable 30 restriction on transfer of indian flshidw boata 435r (1) every mortgage of an indian fishing boat or any interest therein effected after the date on which this part comes into force shah be registered with the registrar mortgage of indian fiahing boats (2) every mortgage of an indian fishing boat or any interest therein effected before the date on which this part comes into force 35 shall, if subsisting on that date, be registered with the reglstr~ within three months from that date (3) the registrar shan enter every such mortgage in the fishing boats register in the order in which it is registered with him (4) if there are more mortgages than one recorded in ft'spect 40 of the same indian fishing boat or interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage ts registered with the registrar and not according to the date of each mort· gage itself: provided that nothing contained in thi~ sub-section shall affect the relative priorities as they existed immediately before the date on which this part comes into force as between mortgages of the l8llle fishing boat or interest therein effected before such date which are registered in aoccordance with the provisions of sub-sectlon (2) 5 4358 (1) no person shall use or attempt to use the certificate of registry or the certificate of inspection granted in respect ot an indian fishing boat for any purpose other than the lawful operation 'of that fishing boat 10 (2) no person shall use or attempt to use for the operation of an indian fishing boat, a certificate of registry or a certificate of inqpection not granted in respect of that fishing boat j'r&ud~ i_tum of ctrt1-ftc, of rej11tr7 or certf1l cat 0' iupecticm, etc, pfohlblwd (3) no person who has in his possession or under his control the certificate of registry or the certificate of inspection of an indian ftshing boat shall refuse or omit without reasonable cause, to deliver such certificate on demand to the owner of the fishing boat 43st (1) every owner, skipper, tindal or other person in' chuge of a mechanised indian fishing hoat of 25 registered tons and above sball maintain or cause to be maintbjined in the prescribed form a statement of the crew of the fishing boat containing the following particulars with respect to each member thereof, namely:-(a)- his name; 20 (lbr toe wages payable to him; state-ment re-iatidito crew of iddiad flshib, boat ,~ to be ma!jl-ta1ned (c) the names and addresses of his next-of-kin; (d)" ilie date of commencement of his employment; and (e) such other particulars as may be prescribed: provided that the central government mav if it is of opiniob that at is necessarv or expedient so to do and for reasons to be recorded in writinlt, ex~rnpt bv e-eneral or special order, any tnaian fishing boat or clas!; of indian fishing boats from the provisions of this su d-section ' - (2) every change in the crew ot the indian fishing boat shall be entered in the statement under sub-section (1)' (3)' a copy of such statement and of every change entered therein shall be communicated as soon as possible to the registrar of the port or place of rel!islrv of fh;> inoian fishim boat concerned 35 435u (1) the central government may make rules to carry out the provi9lons of this part (2)" in particular, and without prejudice to t~e generality of the fore~oing powpf, such rules may provide for all or any of the followinlt matters namely:-' 40 (a) the form in which applications for certificates of registry shall be made and the particulars which such applications should contain; (b) the manne'r in which tonnage of an indian fishing boat !;hall be r'icertpinec'1: 45 (d the form in which fi~hin!( boats register sh~il_?~:_~~i~: tafned; (d) the forms in which certificates of registl')'l and certificates o'f inspection may be issued; (e') the fees which may be levied for the issue or re-issue of eertificates of re,istry or certificates of inspection and for all oth&tr purposes of this part; <i> the manner in which the name, number asslped to the indian fishing boat and name of the port or place to which she belongs shall be painted; (g) the manner in which any change may be made in the name of an indian fishing boatj 10 (h) any exemption from the requirements relating to carriage of safety equipment and appliances by an indian fishing boat that may be specially granted under section 435j in respect of such fishing boat: (i) the manner in which alterations in indian fishing boats 15 shall be reported and applications for the registry of such alterations in the certificates of registry of indian fishing boats shall be made, the endorsement of the particulars of alterations on the certificates of registry, the grant of provisional certificates in cases where indian fishing boats are directed to 20 be registered anew, 'caees in which indian fishing boats shall be registered anew, the period for which provisional certificates shall be valid and all other matters ancillary to the registry of alterations; (j) the manner in which registry of an indian fishing boat 25 may be transferred from one port or pla(!e in india to another port or place in india; (k) the form in which statement of members of crew of an indian fishing boat may be maintained; (i) any other matter which has to be or may be prescribed 30 435v the central government may, by notification in the ofticial gazette, direct that any provisions of this act other than those contained in this part which do not expressly apply to indian fishing boats shall also apply to indian fishing boats subject to such onditions, exceptions and modifications as may be specified in 35 the notification application to indian fl8hln, boat, ot other provi-~on 435w the central government may by notification in' the official gazette, require every iridian fishing boat or any spedfled class uf indian fishing boats to furnish such fishery data to the nailtra}' in such form and at such periodical intervals as may be 40 specified in that notification, re1&~ ,:f\o pl fijbe'ry data 1e' be fund shed by ini:1ian---ftsbln boab power to exempt 435x notwithstanding anything conta'ined in this part, the central government may, by order in writing, and upon such conditions as it may think fit to impose, exempt any indian fishing boat or class of indian fishing boats or skipper, tindal or member of 45 ~rew of such fishing boat -or class of fishing boats from any 5 specified requirement contained in or prescribed by any rules made in pursuance of any provision of this part or ftom any other requirement of this act extended to indian fishing boats or to personnel employed on indian fishing boats by a notification issued under ection -taf)v, if it is satisfied that the requirement is substantially complied with or the compliance with the requirement may be impracticable or 'unreasonable in the circumstances attending the case', 16 in section 436 of the principal act, in sub-section (2), in the 10 table,-amendmentof sectlon 438, (i) against serial number 100, in the fourth column, for the words "one thousand rupees", the words "five thousand rupees" shall be substituted; 15 (ii) for serial numbers 115b, 115c and 115d and the entries relating thereto, the following shall be substituted, namely:--_,-------_-_-----_-- -------20 "ji5b~ (a) ifoiloroily mixture is discharged in contravention of lub-section (1) of section 3s6c--3560(1) ~ the master of the t3nker shall be liable to fine which may extend to five lakh rupees (i) where such discharge is made from an indian tanker anywhere into the lea; go 3560(1) the master of the, tanker, or jf the tanker is unmarmed, the person in charge of its o~ration shall be liable to fine which may extend to five lakh rupeei (ii) where such discharge is made from a foreign tankej anywhere within the coastal waters of india -35 (b) if oil or oily mixture js discharged in contravention of sublection (2) of ~ection 356c-356(2) the master of the ship shah be liable to fine which may extend to five lakh rupees (i) where such dischal'ge is made by all indian ship 'other than a tankei' anywhere into the sea; 45 (ii) where sudl discharge is made by a foreign ship other than a tanker an}'w~re within 'the coastal 356c(2) the master, or if the ship ij wunanned, the pewn jn charge of its operation shall be liable to fine which rna y extend to five lakh rupee~, wa~j'f"of india (c) ,if oil or oily mixture is discharged in contravention of liuo-section (3) of section 3s6c 5 the master of the off-shore installation if it be a mobile craft on the owner, operator, lessee or licensee of an off-shore,in&tal1ation of any other type shall be liable to fine which may extend to five jakh t'li)k'c's ii~q it an indian !ihip is not fitted with equipment prescribed undl"r section 3s6e tne owner, ma~cr or agent oitthe indian ship shall be liable to fine which may exteud to ten thou 10 sand rupees 3jlif 115d toe m"ter of tht': indian tanker 01 oth:r indian ship shall be liable to fhe waich m'iyextend to five thouund rupees (i) if the muter of all indian tanker or other indian sltip fails to maintain an oil record b~k &'1 required by section 356f or contravenes any rult m~de under tha t section; 2 20 the offender shall be liable to r>!n~\t1 01 im:>risonment wh ich iqolyextend to six months or fine which may extend to ten thousand rupee~ or hoth (ii) ir any p~rsol wilfully d':ltroys or mutilates or render3 illegib~e 01' prevents the making of, any entr~' in the oil record book or makes 01 causes to be made a fzlse entry in such book in contravention of any rule made under 'section 356f· 3s6g(2) the master of the ship shall be liable to fine which may extend to one thousand rupees 35 j 15b {(master ot any ship refuses to certify copy of any entry in the oil record book to be a true copy ofsuch entry as required under lub-seetion (2) of section 3s6g ii sf if any person fails to take action a'l reg uired by a notice se~d on him under subsection (1) 01' section 356j the offender shall be liable to 'l'enalty of imprislllullent which 40 may extend to six months or fine which may extend to ten lakh rupees or both· lisg it owner of au yin dian ship, tug, barge or any other equipment fails to comply with any order issued under sub-section (1) of secnon 356l tile offender shall be liable to 45 penalty of imprisonment which may extend to six months or fine which may extend to one lakh rupees, or both and if the offence is a continuing one the offender 50 5 ----------------------------------------------------------shall· be liable to a further fine which may e~tend to ten thou-!wjdrupeeperday{or every day during which the offence continues after conviction," ; ---------------------------(;it) after serial number 137 and the entries relating thereto, the followidg shall be h~serted, namely:-2 | the | owner shall | be | liabje | to ||-------------------------|-----------------|-----------|-----------|--------|| fine which | may | extend to | (ne | || thowand | rupees | | | || if | | | | || aa | | | | || indian | | | | || fishing | | | | || boat | | | | || required | | | | || to | | | | || be | | | | || reptered | | | | || undu | | | | || ilectlon | | | | || 4-!soja | | | | || not | | | | || registered | | | | || in acoordulce | | | | || wich | | | | || the | provisions | of | | || that~dion | | | | || 15 | | | | || the | owner | | | || shall | | | | || be | liable to | | | || fine | | | | || which may | | | | || extend | | | | || to | | | | || two hund- | | | | || r~d | | | | || rupees | | | | || if | | | | || the | owner | of | an | indian || fiibiq | | | | || boat | | | | || faih | | | | || to | | | | || com- | | | | || pl¥ | | | | || with the | | | | || pr,ovicioj11 | | | | || £if | | | | || section | | | | || -4-35h | | | | || 10 | | | | || 137c | | | | || if | | | | || provisions ofsection | | | | || 01-35 | | | | || 1 | | | | || 435 | | | | || 1 | | | | || are | | | | || contraven~d | | | | || the | | | | || own~r | | | | || shall | | | | || be | liable | | | || to | | | | || fine | | | | || which | | | | || may | | | | || txt("rd to two | | | | || hundred | rupees | | | || j | | | | || 37d | | | | || ifjlr~viliurul | | | | || of | | | | || sectio1l435j | | | | || 435j | | | | || are | | | | || contravened | | | | || go | | | | || theownr-r, | skipper, tindal | | | || or | | | | || any | | | | || other | | | | || person | | | | || in | | | | || charge | | | | || of | | | | || the | | | | || jndian fishing | | | | || bc'at | shall be | | | || liabje to | fine | | | || which | | | | || may | r-x- | | | || 'end | to | one | | || thou~and | rupe~s | | | || and | in addition | | | || to | | | | || fine | | | | || which | | | | || may | exttjld to | | | || fifty | | | | || l'up~e" | | | | || fol' | | | | || every | | | | || day | | | | || during which the | | | | || offence | | | | || ('ontinu~s | aft~r | | | || convic- | | | | || tion | | | | || 1~7e | | | | || if | | | | || proviaionsof | | | | || section | | | | || 43sk | | | | || 35k | | | | || are | | | | || coi\tra | | | | || vened | | | | || 35 | | | | || th('! | owner, | | | || skipper, | | | | || tindal | | | | || or | | | | || any | | | | || odler | | | | || person | | | | || in | | | | || charge | of | | | || the | | | | || indian | | | | || fishing boat | | | | || shall | | | | || b~ | | | | || liable to | fine which | may | ex- | || tend | | | | || to | | | | || one thousand | | | | || j | | | | || upees | | | | || and | | | | || in | | | | || addition to | fine which | | | || may | extend | | | || to | | | | || fifty | | | | || rupees | | | | || for | | | | || every | | | | || day | during which | the | | || offence continues after | | | | || convic- | | | | || tion | | | | |1!l7f if provisions of section 4-35m 433m are contravf'm"d the owner shall be liable to fine which may extend to one thouland ruj1ees and in addition to fine which may ext~nd to fifty rupeea for every day during which the offence eontinue~ after conviction --- __---_ - -137g ifpl'ovwons ofsectio1l435n 43sn the owner shall be liable to~ arr conttaven~d fine which may extend to two 1 hundred rutees and in addition - to fine w ich may extend to 5 twenty rupees for every day duridg which the offence continue! after conviction 137h 11 proviaiona of liection 43sp 43sp the owner shall be liable to fine are contravened which may extend to two hund-10 n'd rupres 1371 if any pel'lqll oontravenes 43sq the offender shall be liable to a the provisiodll of section fine which may extend to five 43sq· hundred rupees i37j if any person contravenes 4358 the offender shall be liable to 15 the provisions of !!ection imprisonment which uy ex-4358 tend to three months or fide which may extend to two hundred rupees, or both 137k if proviaions of section 4351' sst the owner, skipper, tindal or any 20 are contravened other penan in charge or the indian fishing boat abail be liable to fide which may extend to two hundred rupees" amendmenta relating to referen-ces to act o1!l6t)!8 17 the amendments directed in the schedule (being amendments for 25 substituting for the references in the principal act to the provisions of, and authorities under, the code of criminal procedure, 1898, references to the corresponng provisions of, and authorities under, the code ot criminal procedure 1973) shall be made in the principal act ~oflm (see section 17) amendments to the merchant shipping ac:rt 1958 (44 of 1958)5 1 in section 35 of the principal act, in sub-section (3), for the words "any magistrate of the first class" and "the magistrate", the words "any judicial magistrate of the first class or any metropolitan magistrate, 8s the case may be," and "the said magistrate" shall, respectively, be substituted 10 2 in section 132 of the principal act, in sub-section (3), for the words "a magistrate", the words "a judicial mag:strate of the first class, or a metropolitan magistrate, as the case may be," shall be substituted 3 in section 145 of the principal act, in sub-section (1) ,-15 (a) for the words "any magistrate", the words "any judicial magistrate of the first class or any metropolitan mag:strate, as the case may be," shall be substituted; (b) for the words "the magistrate" at both the places where they occur, the words "such magistrate" shall be substituted 4 in section 146 of the principal act, in clause (see), for the word 20 "a magistrate", the words "a judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shall be substituted 5 in section 184 of the principal act, for the words "a magistrate" at both the places where they occur, the words "a judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shah 115 be substituted 6 in section 187 of the principal act, in sub-section (2), for the words "a magistrate", the words "a judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shall be substituted 7 in section 189 of the principal act, for the words "a magistrate", 30 the words "a judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shall be substituted 8 in section 233 of the principal act, in sub-section (3), for the words "nearest magistrate", the words "nearest judicial magistrate of the first class or the metropolitan magistrate, as the case may be", shall be substl-35 tuted 9 in section 279 of the principal act, in sub-section (4), for th~ words "presidency magistrate or a magistrate of the fint class", the words "metropolitan magistrate or a judicial magistrate of the first class" shall be substituted 10 in section 282 of the principal act, in clause (8), for the word "magistrates", the words "metropolitan magistrates or judicial magistrates of the first class, as the case may be," shall be substituted 11 in section 361 of the principal act, for the words "a magistrate of the first class" and "presidency magistrate", the words "a judicial magis-5 trate of the first class" and "metropolitan magistrate" shall, respectively, be substituted ' 12 in section 372 of the principal act,-(a) in sub-section (1), for the words "magistrate of the first class" and "presidency magistrate", the words "judicial magistrate 10 of the first class" and "metropolitan magistrate" shall, respectively, be substituted; (b) in sub-section (3), for the word "magistrate", the words "judicial magistrate of the first class or metropolitan magistrate, as the case may be," shall be substituted; '5 (c) in sub·section (4), for the word "magistrate", the words "judicial magistrate of the first class or metropolitan magistrate, as the case may be/' shall be substituted 13 in section 383 of the principal act, in sub-section (z), for the words "presidency magistrate, magistrate of the first class", the words 20 "metropolitan magistrate, judicial magistrate of the first class" shall be substituted 14 in section 401 of the principal act, for the word "magistrate", the words "judicial magistrate of the first class or metropolitan magistrate, as the case may be," shall be substituted 25 15 in section 402 or the principal act,-(4) in sub-section (4), in clause (4), for the word "magistrate", the words "judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shall be substituted; (b) in sub-section (5), for the words "the magistrate or the high 30 court, as the case may be," and "the magistrate", the words "the judicial magistrate of the first class or the metropolitan magistrate or the high court, as the case may be," and "such magistrate" shall, respectively, be substituted; (c) in sub-section (6), for the words "a magistrate" and "the 35 magistrate", wherever they occur, the words "a judicial magistrate of the first class or a metropolitan magistrate" and "such magistrate" shall, respectively, be substituted 16 in section 439 of the principal act, for the words "presidency magistrate or a magistrate of the first class", the words "metropoutan 40 magistrate or a judicial magistrate of the first class" shall be suhbtituted 17 in section 440 of the principal act,-(4) for the words and figures "section 32 of the code of criminal procedure, 189s", the words and figures l'sectiod 29 of the code of 5 of 1888, criminal procedure, 19'73" shall be substituted; 45 2 of 1974 (b) tor the words "presidency magistrate or a magijtrate of the firtt c1aa", the words "metropolitan magistrate or a judicial ¥iii' trate of the first class" shall be substituted 18 in section 442 of the principal act, in sub-section (1),-(a) for the words "tourt or magistrate", the warde "court or judicial magistrate of the first class or metropolitan magistrate" shall be substituted; 10 (b) for the words "court, magistrate", the words "court or judicial magistrate of the first class or metropolitan magiatrate" hall be substituted; (c) for the words , justice or magistrate", the words "or juatice or judicial magistrate of the first class' or metropolitan magistrate" shall be substituted; (d) for the words "justice, magistrate", the words "justice or judicial magistrate of the first class or metropolitan magistrate" hall be substituted 19 in section 445 of the principal act,-(a) in sub-section (1), for the words "court, magistrate" ~d "a magistrate", the words "court or judicial magistrate of the flrit 20 class or metropolitan magistrate" and "such a magistrate" shall, respectively, be substituted; (b) in sub-section (2), for the words "court, magij;trate or other officer" and "court, magistrate, officer", the words "court or judicial magistrate of the first class or metropolitan magistrate or other 25 officer" and "court or judicial magistrate of the firat daaa or metropolitan magistrate or officer" shall, reepectively, be substituted 20 in section 447 of the principal act, for the words "a magi$trate", the words "a judicial magistrate of the first class or a metropolitan magistrate, a the ease may be," shall be substituted the amendments proposed in this bill to the merchant shipping act, 1958, fall, from the point of view of their objects and reasons, into difterent categories the various categories of amendments and the objects and reasons therefor are dealt with in the following paragraphs:-(1) establishing a regime of comp,ensation for oil potbution damage the international convention on civil liability for oil pollution damage, 1969 (clc) establishes an entirely new regime of compensation anl'lliability on the owners of the ship from which polluting oil escaped or was discharged the provisions of the convention do not cast any burden direct or indirect on a contracting state either in its capacity as a flag state or a state importing or exporting oil in order to give effect to the substantive provisions of this convention, a new part is is being inserted this will enable india to exercise jurisdiction on foreign ships in our coastal waters ('v'idje clause 10 of the bill) (2) giving effect to the amendments to the interna~1 convention for the prevention of pollution of sea by oil, 1954the international convention for the prevention of pollution of the sea by oil, 1954, has already been ratified by india and effect to the provisions contained in the saici convention have already been given effect to by part xia of the act for giving effect to the amendments to the convention of 1954, which relate to the ban of discharge of on or oily mixture anywhere into the sea except at the instantaneous rate of discharge, it is proposed to substitute the existing part xia of the act by 0 new part (vide clause 11 of the bill) (3) levy of pollution ces~the amendments prctjosed for controlling deliberate discharge and containing accidental escape of oil into the sea put a heavy financial responsibility on the central government as it has to provide, among others, adequate facilities for reception of oil residues at the ports these measures would involve an expenditure which is likely to run into crores of ru;>ees this expenciiture is proposed to be re·imbursed to the government by levying pollution cess on all ships--indian or foreignwhich carry oil as cargo when they call on indian ports it is proposed to give an enabling power to the central government to levy cess from a date to be notified by that government (vide dause ll-section 356m) (4) investing powers in the cent1'al government to protect interests of indian shripping from undue foreign interventionshipping conferences are not generally subject to any governmental control and it is unusual for states to exercise control over international shipping however, certain maritime countries have adopted a different attitude and asked certai,n indian shift>ping companies to produce documents and recorns held by them in india with a view to protecting indian shipping owners from such arbitrary measures of foreign states violating the jurisdiction belonging to us, it is proposed to include a provision which would enable the central government to protect the interests of the indian companies, ms-a·1'is undue intervention by foreign countries (t1ide clause 12) (5) providing for registration and control of indian fishing boat" clb defined in new section 435b the bill seeks to insert a new part xv a to provide for registration and control of indian fishing boats as defined in new section 435b this is being done to give effect to the recommendations of the fisheries enquiry committee under the proposerl amendment it will be obligatory for every owner of an indian fishing boat to get the same registered at any port or place of registry notified by the central government (6) enhancing the penalties provided in section 436 of the actit is felt that the penalties at present prescribed [or the contravention of the provisions of section 313 of the act do not seem to have acted 8s a deterrent it is, therefore, proposed to enhance the adtutional fine prescribed against serial no 100 in the table below section 436(2) from ri 1,000/- to rs 5,000/- also, penalties for the contravention of provisions of part xia are being enhanced for major pollution 'offences to the extent of rs 10 lakhs and for minor pollution offences to the extent of rs 10 thousand penalties for contravention of the provisions of new part 'xv a, relating to fishing boats, which are akin to sailing vessels, are also being provided (1,ide clause 16 of the bill) (7) empowering the central government to make ruze! with respect to levl/ing fees far various se?'vices rendered by surveyors to smpptng industry the central government provides services of a number of surveyors and senior oftlcers to the s~ing industry with the adoption of new international conventions anrl protocols by the international community on maritime matters, particularly in the fiel'd of safety of life and property at sea, the protection of maritime environment and training and certiftcation of ship's officers and crew, the workload on the mercantile marine department, which is functioning under the director-general of shipping, has increased considerably this has resulted in the increase of wage bill of technical staff in order to meet this expenditure in part, the central government is being given the power to make rules for levying fees for the services rendered by the department to the industry for this purpose it is proposed to amend sections 74 87, 175, 282, 344 anri 435 of the act (8) amendment of section 2 of the act to apply the act to all vessels including scailing vessels and indian fishing boatsthe existing section 2 does not clearly show that the act would ,,ly to all vessels including sailing vessels and indian fishing boats in order to remove this lacuna, it is proposed to amend section 2 (9) incidentally, this opportunity is availed of to replace the references to the code of criminal procetiure 1898 and the functionaries thereunder by references to the code of criminal procedure 1973 and the functionaries thereunder (1,ide clause ] 7 of the bill-schedule) the bill seeks to achieve the above objects veerendra patil nzw delhi; the 24th july, 1982 clauses 6, 6, 7~ 8, 9 and 14 f1 the bill amend sections 7'1, 87; 175; 2u:~ and 435 of the merehant shlpping act, 1958, to enable the central government to levy fees for certain matters ~ified in those provillons au these provlaions would result in the increase of the wage bill ot the tedmical atai! of the mercantile marine department the bill thus, if 'enacted, would necessitate additional expenditure on the colledion of the !laid fees which cannot be possibly estimated at present 2 clause 11 of the bill propoies to substitute part xla of the act, consisting of sections 3sua'to 356-0 section 356-1 of the bill makes a provision for providing oil reception facillties at certain ports which may be spedf\ed by the central government by notifteation in the official gazette section 356k read with section 356l(2) of the bill enables the central government to take certain measures for preventing or containing oil pollution section 356m of the biu enables the central government to levy a cess to be called the oil pollution cess at such rate not exceeding fifty paise as the cmtral government may, by notification in the official gazette, fix the' cess shall be collected by such officers and in such manner as the central government may prescribed· in this behalf section 356-0 (2) (d) enables the central government to levy fees for matters specified therein clause 15 of the bill praposes to insert part xv a in the act, consisting of sections 435a to 435x section 435e enables the central government to appoint registrars of indian fishing boats at certain ports or places section 435g(5) enables the central government to levy fee for the grant of certificate under that section section 4s5u (2) (e) enables the central government to levy fees for the issue or re-issue ot certi~cates of registry or certificates of inspection and for certain other purposes of part xv a section ~lrw requires every indian fishing boat or any s;,jecified class of the indian fishing boats to furnish any luch fishery data to the registrar in such form anci at such periodical intervals as may be specified by notification the above provisions of the bill would involve some expenditure in their implementation it is, however, 'difficult to estimate the said expenditure at this stage however all the expenditure is proposed to be met out of the fees or, as the cast:: may be, cess collected under the aforesaid provisions s the bill does not involve any other expenditure, whether of ~ recurring or non-tecurring nature memorandum regarding delegated legislationthe merchant shipping act, 1958 is being amended, inter alia, to give effect to certain international conventions, namely, the international convention on civil liability for oil pollution damage, 1969 (clc) and amendments to the international convention for the pl'evention of pollution of the sea by oil, 1954 2 the government through its mercantile marine department proviries the services of surveyors and senior officers to the hipping iudllstry with the adoption of new international conventions and protocols by the international community on marine matters, particularly in the field of safety of life and property at sea, protection of marine environment and training and certification of ship's officers and crew, the workload on the department has increased considerably and the wage bill of technica~ staff has consequently increased in order to recover the expenditure in oart, it is proposed to include provisions in the respective parts of the act enabling the government to make rules for levying fees for the services renclered by the department to the shipping industry sillie the rule making provisions in respect of various parts is scattered, it is proposed to amend sections 74, 87, 175, 282, 344 and 435 of the act a new part xb is being inserted and section 352r thereof empowers the central government to charge fee for issue of certain certificates the existing part xia is being substituted by a new part in the new part so substituted, section 356-0 empowers the central government to make rules and it includes power to levy fee as has been done in the aforementioned sections similar power is also being given under section 485u in the new part xva which deals with the registration of indian fishing hoats and other matters connected therewith 3 thus, the matters in respect of which rules may be mane under new sections 352r 356-0, 435u and the amended sections 74, 87, 175, 282, 344 and 435 are matters of detail or procedure the delegation of legislative power is, therefore, of a normal character 'to , • ~: (44 of 1958) - - - - - application of act z (1) unl otherwise expressly provided, the provisions of tilts act 1tjgcb apply to shipi which are registered in india or which in tetml of ttdi act are required to be so registered shall so apply 1wlerever the ahtps may be (2) unless otherwise expressly provided, the pr"visiodij of tbta act which apply to alrlps other than those referred to in sub-section (1) shall 10 apply only while any such ship is within india, inc1udlng the tenitonal waters thereof definitions s in thi act, unless the context otherwise requires,-- - - - - (31) "safety convention" means the convention for the &fety of life at sea signed in london on the 17th day of tune, 1960, as amended from time to time; - - - - - 22 (1) every indian ship, unless it is a ship which does not ~d obligation to register fttte~ tons net and is employed solely in navigation on the coasts of india, shall be registered under this act (2) no ship required by sub-section (1) to be registered shall be reeggnised as an indian ship unless she has been registered under this act: ' provided that any ship registered at the commencement of this act at any port in india under any enadment repealed by this act, slia1l be deemed to have been registered under this act and shall be recognised as an indian ship (3) a ship required by this act to be registered may be detained until the master of the ship, if so required, produces a certificate of registry in r-espect of the ship - - 35 (1) - - - custocly and use of ~, certiftcate (3) any person refusing or omitting to deliver the certificate as required by sub-section (2), may, by order, be summoned by any magistrate of the firit class to appear before hlm and to be examined touching such refusal; add if the person is proved to have absconded so that the order of such malfstrate eannot be served on bim, or if he persists in not delivering up the certj1icate, the rna,gistrate shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid lost or ' destroyed, or as near thereto as circumstances pennit - •• - - - powet'to make l'uj!sin rlm~tof 74 (1) - '" '" '" '" (2) in particular, and without prejudice to the generauty of the foregoing power, such rules may provide for' all or any 01 the fouowin, matters, namely:-mat~ers in 1ms part '" '" (;) the fees that may be levied under this part and the manner in which such fees shall be collected; '" '" '" '" '" 17 the central government may make rules to carry out the provisions of this part relating to certificates of competency, and may, by such rule,,-- '" '" '" power to make rules as to grant, cancellation or suspenlo sion of certiftcates o'fcompetency 132 (1) '" '" '" - decision ofques-tions by shipping masters' (3) an award made by a shipping master under this section may be enforced by a magistrate in the same manner as an order for the pay-ment of wages made by such magistrate under this act '" '" '" '" mode of recovering wages summary proceedi~tor wages 145 (1) a seaman or apprentice or a person duly authorised on'his be-~~ may, u soon as any wages due to him become payable, apply to any magistrate exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, 'or at which any person upon whom the claim is made ios or resides, and the magis-trate shall try the case in a summary way and the orde~ made by the magistrate in the matter shall be final (2) an application und~r sub-section (1) may also be made by~y officer authorised by the central government in this behalf by general or special order 146 a proceeding for the recovery of wages due to a seaman or apprentice shall not be instituted by or on behalf 'of any seaman or lpprentice in any civil court except whereftestric-tiona on suits for w,te • (a) the owner of the ship has been declared insolvent; (b) the ship is under arrest or sold by the authority of any court; (c) a magistrate refers a claim to the court accommodation for aelamen '" - '" - 175 (1) - '" - - - (2) in particular and without prejudice to the generality of the fore going power, such rules may provide for all or any of the tollowini matters, namely:-'" - '" '" - ~d such rules may make different provisions in respect of ~nt ~es of shipe and in respect of crew acconullodation provideq· for different classes of persons - - - - - provisicm! for the protection of seamen in respect of other matter, 1m if a seaman or apprentice states to the master that he ~esires to make a complaint to a magistrate or other proper officer agamst the master or any of the crew, the master shall,-facllities for making complaints (a) if the tihip is then at a place where there is a magist~ate or other proper officer, as soon after such statement as the service of the "hip will permit, and (b) if the ship is rot then at such place, as soon after her firat arrival at such place as the service of the ship will permit, allow the complainant to go ashore or send him a'5hore under proper px:otection so that he may be enabled to make the complaint - - - - seaman's property not to be datame-d 187 (1) any person who receives or takes into his possession or under his control any money or other property of a seaman or apprentice shall return the same or pay the value thereof when required by ~e seaman or apprentice subject to d~duction of such amounts as may be justly due to him from the seaman or apprentice in respect of board ol" 'lodging or otherwise ship not ~ibe, boarcfed 'witho\l't perminion before seamen leave - (2) where a magistrate imposes a fine for a contravention of this section, he may direct the amount of such money or the value of the property subject to such deduction as aforesaid, if any, or me property itself to be forthwith paid or delivered to the seaman or apprentice - - - - - 189 where a ship has arrived at a port or place in india at the end of a voyage and any person, not being in the service of the government or not being duly authorised by law for the purpose, goes on board the ship without the permission of the master before the seamen lawfully leave the ship at the end of their engagement or are discharged (whichever happens last), the master of the ship may take such person into custody and deliver hini up forthwith to a police officer to be taken before a magistrate to be dealt with according to the provisions of this act keeping order in passenger ships lneonnectlon with passeoprlhips (3) the master or other officer of any such ship and all persons called by him to his assistance may, with out warrant, detain any person who c(ldunits any offence under this section and whose name and address are unknown to the master or officer and convey the offender with all convenient despatch before the nearest magistrate to be dealt with according to law tionfor dela7ln sawq (4) if the master, owner or agent objects that the sum spec·ified in the ~e ilsued under sub-section (3) or any part thereof is not payable by btrn, he may, at the time of payment of such sum, give to the pllgri~ gticer notice of his objection, together with a statement of the grounds thereof, and the pilgrim officer shall thereupon either cancel or modify the aforesaid notice in accordance with the objection and refund the sum held in deposit under sub-section (3), or refer the objection for decision to a presidency magistrate or a magistrate ·of the first class exercihillg jurisdicton at the port or place at which the sh:p is delayed, whose decision on such reference shall be final; and there shall be refunded to the master, owner or agent any amount allowed to him by such decision - - - z82 the central government may, subject to the condition of previous publication, make rules to regulate all or any of the following matters, namely:- - - power to make rules relatlne to pili'rim ships (8) the manner in which the dates of sailing shall be advertised under section 21)5; the appointment of pilgrim officers for,the purposes of that section and sections 279 and 280; the manner irt which payment shall be mad~ under section 279 to pilgrims and to the pilgrim officer; and the procedure to b~ followed by masters, owners or agents and by pilgrim officers and mag'strates in proceedings under that section; - 344 (1) - part xiapower to (2) in particular and without prejudice to the generality of the foremake going power, such rules may prescriberules l'eapecfulg certificates wlder this part prevention of pollunon of the sea by oilcommencement an4 applica-uod 356a (1) the provisions of this part shall take effect from iuch date u the central government may, by notiftcation in the oftlcial gazette, appoint, and cw!erent dates may be appointed for different provisions iii respect ot tankers and shlps other than tankers (2) they shall apply to and in relation to-(a) tankers of one hundred and fifty tons gross or more; and '" (b) other ships of five hundred tons gross or more a56b in this part, unless the context otherwise require5-deftnl tions (a) "convention" means the international convention for the prevention of pollution of the sea by oil 1954, signed in london on the 12th day of may, 1954, as amended from time to time; (b) "c:1ischarge", in relation to oil or oily mixture, means any ¢ischarge or escape howsoever caused; (c) "mile" meuns a nautical mile of 1,852 metres; (d) "oil" means,-(i) crude oil, (ii) fuel oil, (iii) marine diesel oil conforming to such specifications as may be prescribed, (iv) lubricating oil; (e) "oily mixture" means a mixture with an oil content of hundred parts or more in a million parts of the m~xture; (1) "oil reception facieties", in relation to a port means facilities for enabling vessels using the port to discharge or depositt oil residues; (g) "prohibited zone'" means any such sea area as may be specified in the rules made und~r section 3561 to be a prohibited zone for the purposes of this part; (h) "ship" means any sea-going vessel of any type whatso~vet, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; (i) "tanker" means a ship in which the greater part of the cargo space is constructed or adopted for the carriage 0'£ liquid cargoes in bulk and which is not for the time being, carrying a cargo other than oil in that part of its cargo space 356c (l) no oil or oily mixture shall be discharged from an indian prohibiti tg dis char of oil or olly mixture tank~r or other ship within any of the prohibited 7;qpes or from a fql'ej~n tanl!;er or other ship within the prohibited zone adjoining the territqrles of india (2) the discharge of oil or oily mixture from an indian ship, other than a tanker or from a foreign ship other than a ·tanker while such foreign ship is proceeding to any place or port in india, shall, during the period of three years immediately following the commencement of this sub-6ection, be made ~~s far as practicable from land: provided that this sub-section shall not apply to a ship which il proceeding to a port where oil reception facilities are not available (3) no oil or oily mixture shall be discharg~d anywhere at sea from an indian ship, being' a ship of twenty thousand tons gross tonnage or more for which the building contract wels entered into on or after the comins into force of this sub-section: provided that this sub-section shall not apply in any case where by reason of special circumstanccl) it is impracticable or unreasonable to retain the oil or oily mi::-:ture in the ship and the master of the ship reports, as soon as may b", after such discharge the fact in the pretlcribed form and manner to the directol'-general 356d nothing in section 356c shall apply ~prohibi-tion nbt tollily incertiin cases ' (tj) the discharge of oil or oily mixture from a ship for the purpoee of securing the safety of a ship, preventing damage to a ship or cargo or saving life at sea; (b) the escape of oil or of oily mixture resulting from a damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimising the escape; (c) the discharge of residue arising from t~e purification or clarification of fuel oil or lubricating oil when such discharge is made as far from land as is practicable; (d) the discharge from the bilges of a ship of oily mixture during the period of twelve months following the date on which this clause comes into force and after the expiration of such period of oily mixture containing no oil other than lubricating 0'1 which has drained or leaked from the machinery spaces in the ship 356e for the purpose of preventing or reducing discharges of oil and oily mixtures into the sea, the central government may make rules requiring indian ships to be fitted with such equipment and to comply with such other requiremetit6 (including requirement for preventing the e~cape of fuel oil or heavy diesel oil into bilges) as may be prescribed equipment in ships to prevent oil pollution oil record book 336f (1) every indian tanker and every other indian ship which usp<: oil as fuel shall maintain on board the tanker 0r such other ship an oil record book (2) the form and manner in which the oil record book shall be maintained, the nature of the entries tp be made therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof and all other matters relating thereto shall be such as may be prescribed having regard to the provisions of the convention 356g (1) a surveyor or any person appointed in this behalf may, at any reasonable time, go on board a ship to which any of the provisions of this part apply, for the purposes of-(a) ensuring that the prohibitions, restrictions and obligations imposed by or under this part are complied with; inspection and control 'of ships to nhich the convention appues (b) satisfying himself about the adequacy of the measures taken to prevent the escape of oil or oily mixture from the ship; (c) ascertaining the circumstances relating tt> an alleged discharge of oil or oily mixture from the ship in contravention of the provisions of this part; and (d) inspecting the oil record book (2) '!'he surveyor or any such person may, if necessary, make, without unduly delaying the ship, a true copy of any entry in the oil recc't:'d book of the ship and may require the master of the ,hip to certify the copy to be a true copy and such copy shall be admit:lsible as evidence of the facts stated therein 3568 (1) if, on report from a surveyor or other person authorise< to inspect a vessel under section 356g, the central government is satisfied that any provision of the convention has been contravened anywhere by a foreign ship being a ship to which the provisions of the convention apply, it shall transmit particulars of the alleged contra· vention to the government of the country to which the ship belongs information regardin, contravention of the provisions of the conventi'on (2) on receipt of information from the government of any counti'y which has ratified the convention that an indian ship has contravened rny provision of the convention, the central government shall investi· gate the matter and if sat:sfted that any provision of this part or any rule made thereunder has been contravened, take appropriate action against the owner or master and intimate such government of the action so taken 356l (1) notwithstnnding anything contained in any other law for the time being in force, in respect of every port in india, the powers of the port authority shall inclu::le the power to provide oil reception facilities oureception :faciliti'c1s at ports in india (2) a port authority providing oil reception facilities or a person providing such facilities by arrangement with the port authority, may make charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be approved, by notification in the official gazette, by the central government in respect of the port (3) where the central government is satisfied that there are no oil reception facilities at any port in india or that the facilities available at such port are not adequate for enabling ships calling at such port to comply with the requirements of the convention, the central government may, after consultation with the port authority in charge of such port, direct by order in wrltin~ such authority to provide or arrange for the provision of such oil reception facilities as may be specified in the order (4) the central government may, by not~fication in the official gazette, specify the ports in india having oil reception facilities in accordance with the requirements of the convention explanation-for the purpose of this section, "p'ort authority" means,-38 of 1963 (a) in relation to any major port to which the provisions of the major port trusts act, 1963, 4lpply, the board of trustees constituted in respect of that port under that act; (b) in relation to any other port, the conservator of the port, within the meaning of section 7 of the indian ports act, 1908 1, of 1908 power to make ru1ee 356j (1) the central government may, havirig regard to the provisions of the convention, make rilles to carry out the purposes of this part (2) in particular and without prejudice to the generality of the pro visions of sub-section (1), such rules may-(4) prescribe the specificatiolls ~fmarine cue~1 oil for the pur-pq5e$ of dauae (d) of section~; (b) specify the areas which shall be d~med to be prohibited zones for the purposes of this part; (c) prescribe the form and manner in which the oil record book shall be maintained, the nature of the entries to be made therein the time and circumstances in which such entries shall be maue, , the custody and disposal thereof and all other matters relating thereto; and (d) prescribe the manner in which investigation may be made by the central government for the purpose of 6ub-eection (2) of section 356h - - - - - 361 a magistrate of the first class specially-empowered in this behalf by the central government and a presidency magistrate shall have jurisdiction to make formal investigations into shipping casualties under this part | court | em- ||------------|-------|| powered | to || make | || formal | || investiga- | || tion | |iii - - | power | of ||----------|-------|| court | to || remove | || master | and || appoint | || new | || master | |372 (1) a magistrate of the first class specially empowered in this behalf by the central government or a presidency magistrate, may remove the master of any ship within his jurisdiction if the removal is shown to his satisf8{:tion to be necessary - - (3) the magistrate may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiction, such an appointment shall not be made without the consent of that owner, agent or consignee (4) the magistrate may also make such order and require such security in respect of the costs of the matter as he thinks fit - - - - - 383 (1) - - - - constitu· tion of court of survey (2) the judge shall be a district judge, judge of a court of small causes, presidency magistrate, magistrate of the first class or other fit person appointed in this behalf by the central government either generally or for any specified case search warrants wh'ere wreck is concealed - - - - iii 491 where a receiver of wreck suspects or receives information that any wreck is secreted or is in the possession of some person who is not the owner thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest magistrate for a search warrant, and that magistrate shall have power to grant such warrant and the receiver of wreck by virtue thereof may enter any house or other place wherever situate and also any vessel and search for, seize and detain any such wreck there found salvage 402 (1) - - - - - (4) any dispute arising concerning the amount due under this section shall be aetermined upon application made by either of the disputing partiespaya~ :fdr iav'irlg ;we cargo or wredk (a) to a magistrate, where the amount claimed does not exceed ten thousand rupees; or (b) to the high court, where the amount claimed exceeds ten thousand rupees (5) where there is any dispute as to the persons who are entitled to the salvage amount under this section, the magistrate or the high court, as the ease may be, shall decide the dispute and if there are more persons than one entitled to such amount, the magistrate or the high court shall apportion the amount thereof among such persons (6) the costs of and incidental to all proceedings before a magistrate or the high court under this section shall be in the discretion of the magistrate or the high court, and the magistrate or the high court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid - - - - certificate of registry 417 (1) every sailing vessel shall be registered in accordance with the provisions of this section - - - 435 (1) - - - power to make rules t:elpectlnl allinl vellels (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any' of the fouowin, matters, namely:-- - - - - penaltiel!l 431 (1) - - - - - (2) the offences mentioned in the second column of the followide table hall be punishable to the extent mentioned in the fourth column of the same with reference to aueh of!eneesreapeetively | section | of ||-------------|--------------------|| this act to | || serial | || offenc('~ | || which | || ~najtit!s | || no | offence has || | --1------ || '"ef~re~ | || ' | ________ || - | || •• | || - | || 100 | || if | || any | ship || j | || 3 | the || tion | ofsertioj1 || 3 | || r | || 3 | || shall | || ~ | || liable | to || fire | || which | || may | || extend | to || ten | || thowand | rupee!' || and | to such additional || _ fine | not |--=s-ectl--:"' o-n-o-f-=-------- --------serial no offences this art to wllich , offence has i reference penalties ----------------thousand rupees for every inch or fraction of an inch by which the appropriate load lines on each side of the ship are submerged or would have bttn submerged if the ship had been in salt waters and had no list, as the court thinks fit to impose, having regarl: to the extent to which the earning capacity of the ship is or would have bttn increased by reason of the submersion: provided that it shall be a good defence for the master or owner to prove that a contravention was due solely to deviation or delay caused solely by stress of weather or other circumltanee which neither the master nor the owner or the charterer, if any, could have prevented or forestallea - - jlsb - - (a) if oil or oily mixture is discharged in contravention ofsu}) section (i) of ~ction 356c-- (i) where such discharge is 356c( j) from an indian or a - foreign tanker; tbe master of the tanker shall be liable to fine which my extend to two thousand rupees (ll) where such diacharje is 356c(1) from an indian ahip not being a tanker or a foreign ship not being a tanker the master of the ship or, if the ship is unmanned, the person in charge of the opeation shall be liable to fine which may extend to one thousand rupees (b) if oil or oily mixture is dis-3s6(g) charged from an indian ship other than a tanker or from a foreignship other than a tanker in contravention of sub-section (2) of section 3560 the master of the ship or, if the ship is unm anned, the person in charge of the operation shall be liable to fine which may extend to one thousand rupees serial no oft'ences j section of i i this act to which i penalties offence has i __ 1 ____________ r_efi_er_ence __ i-_____ _ (c)jf oil or oily mixture is discharged i 3560(3) the master of the from an indian ship in contravention ship shall be liable of suh-section (3) of section 3560 to fine which may i i iextend to one thou-, sand rupees ii (d) if the master of the ship faus to make the report referred to in the proviso to sub-section (3) of section 3560 3s6c(3) proviso the master of the ship shall be liable to fine which may extend to five hundred rupee~ 115e if an indian ship is not fitted with equipment prescribed under section 356e ithe owner, master or 'agent shall be liable to fine which may extend to two thou-i sand rupees and in :addition to a fine : which may extend to twen ty rupees for every day during which the offence continues after conviction lis]) 356f (i), fine which may ex-356f(2) tend to two thouaand rupees (0) if the master of an indian tanker or other ship fails to maintain an oil record book as required by section 356f or contravenes any rule i [other than a rule referred to in" (ii) below] made under that section (b) if any person wilfully destroys or 356f imprisonment which mutilates or renders illegible or /may extend to six prevents the making of, any entry /months or fine in the oil record book or makes or which may extend causes to be made a false entry in to five thousand such book in contravention of any irupees or both rule m~de under section __ 3;::5::6_f__--; _____ i _____ _ - - - - - 439 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this act or any rule or regulation thereunder -jurisdiction ofm,agistrates special pro- vision regarding punishment ,"y notwithstanding anything contained in section 32 of the code of 5 of 1898 criminal procedure, 189&, it shall be lawful for a presidency magistrate or a magistrate of the first clasa to pass any sentence authorised by or under this act on any person convicted of an offence under this act or any rule or regulation thereunder - - - - deposition!' to be received in 'evidence when witness cannot be produced 442 (1) whenever, in the course of any legal proceeding u~der this act instituted at any place in india before any court or magistrate or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter, and the defendant or the person accused (as the case may be), after being allowed a reasonable opportumty for so domg, does not produce the witness before the court, magistrate or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any court, justice or magistrate in any other place in india or, if elsewhere, before a marine board or before any indian consular officer, shall be admissible in evidence:-(a) if the deposition is authenticated by the signature of the presiding officer of the court or of the j\!stice, magistrate or marine board or consular officer, before whom it is made; (b) if the defendant or the person accused had an opportunity by hiiil6elf or his agent of cross-examining the witness; (c) if the proceeding is criminal, on proof that the deposition was made in the presence of the person accused - - - - - levy,of wages, etjc, by distress ofmovable propertyor ship 445 (1) when an order under this act for the payment of any wages or other sums of money is made by a court, magistrate or other officer or authority, and the money is not paid at the time or in the manner directed, the sum mentioned in the order with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by a magistrate (2) where any court, magistrate or other officer or authority has power under this act to make an order directing payment to be made of any seaman's wages, fines or other sums of money, then if the person so directed to pay the same is the master, owner or agent of a ship and the same is not paid at the time or in the manner directed by the order, the court, magistrate, officer or authority may, in addition to any other power it or he may have for the purpose of compelling payment by warrant, direct the amount remaining unpaid to be levied by distress and sale of the ship and her equipment application of fines 447 a magistrate imposing a fine under this act may, if he thinks fit, direct the whole or any part thereof to be applied in compensating any person ~or any detrime~t which he may have sustained by the act or default in respect of which the fine is imposed or in or towards payment of the expenses of the prosecution i a bill further to amend the merchant shipping act, 1958 (shri veerendra patil, minister of shipping and ~ 't,iansport)

Parliament_bills

2becb64a-b962-5499-b30b-3367882683d2

bill no 152 of 2017 the right to protection of crop produce bill, 2017 by shri shrirang appa barne, mp a billto provide for right to farmers for protection and sale of surplus crop produce at remunerative prices and for matters connected therewithbe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the right to protection of crop produce bill, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "centre" means any establishment of the appropriate government meant for storage and sale of crop produce;(c) "committee" means the inspection and encouragement committee constituted under section 4;(d) "farmer" means any person who cultivates land or causes it to be cultivated for agricultural or horticultural purposes; and(e) "prescribed" means prescribed by rules made under this act53 every farmer shall have the right to protect his crop produce and the sale of surplus crop produced at remunerative prices at such centres as may be designated by the appropriate government, from time to timeright to protect and storage of surplus cropproduce4 for the purposes of section3, the appropriate government shall—duty of the appropriate government10(i) extend the benefit of right to protection of crop produce to all the farmersirrespective of religion, caste, gender, age, lineage or economic condition;(ii) determine the remunerative prices of crop produce from time to time; (iii) purchase the surplus crop produce of a farmer at remunerative prices whichshall be paid in cash;(iv) develop the storage facilities for surplus crop produce of farmers;15(v) ensure necessary arrangements for transfer of surplus crop produce toother parts of the country that are deficit in such crop produce;(vi) create awareness amongst farmers for selling their surplus produce atdesignated centres so as to receive the remunerative prices of such crop products;20(vii) organize campaigns to create awareness from time to time about disastrousresults of approaching hoarders by farmers;(viii) implement model code of practice to be framed by the appropriategovernment;(ix) provide financial assistance to such farmers who are economically weak forincreasing quality and quantity of crop produce; and25(x) make necessary arrangements free of cost for transportation of surplus cropproduce of farmers to designated centres for sale; and(xi) undertake such other measures as it deem necessary for carrying out thepurposes of this act305 (1) the central government shall, by notification in the official gazette, constitute a committee to be known as inspection and encouragement committee for proper implementation of the provisions of this act(2) the committee shall consist of—constitution of an inspection and encouragement committee(a) union minister of agriculture and farmers welfare, as chairperson,ex-officio;35(b) one agricultural scientist having such expertise to be appointed by the central government in such manner as may be prescribed, member-secretary; and(c) chief minister or minister of agriculture of respective state government member, ex-officio40(3) the committee shall meet at least four times a month:provided that the chairperson may if he deems fit call for a meeting at any time in consultation with the member-secretary and members of the committee, as and when the circumstances so warrant(4) the union ministry of agriculture and farmers welfare shall provide secretarial and financial assistance to the committee6 the committee shall—functions of the committee(1) ensure proper implementation of the provisions of this act;5(2) ensure mandatory procurement of surplus crop produce of a farmer toother parts of the country;(3) organize training programmes for farmers, from time to time to acquaintthem about use of seeds, fertilizers, plant conservation, chemical and irrigation systems in agricultural works through balanced and modern methods;10(4) organize special campaign programme for make farming profitable andsuitable as a means of livelihood;(5) make arrangements to set up fair price shop of crop produce; (6) make arrangements for procurement of surplus agricultural produce ofevery farmer in a dignified way; and15(7) undertake such other functions as may be assigned to it from time to time bythe appropriate governmentcentral government to provide funds7 the central government shall, after due appropriation made by parliamentby law in this behalf, provide requisite funds to the committee, from time to time, for carrying out the purposes of this act20power to remove difficulty8 if any difficulty arises in giving effect to the provisions of this act, thecentral government may, by order, make such provisions not inconsistent withprovisions of this act, which appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of three years fromthe date of commencement of this act259 the provisions of this act shall be in addition and not in derogation of anyother law for the time being in force dealing with the subject matter of this actact not in derogation of other laws power to make rules10 (1) the central government may, by notification in the official gazette,make rules for carrying out the purposes of this act3035(2) every rule made under this act shall be laid, as soon as may be after it ismade, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in mkaing any modification in the rule or both the houses agree that the rule should be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe formulation of policies in the public interest and its proper implementation are important characteristics of a welfare state but when the subject matter is related to agriculture, the public welfare state seems eyewash even after a span of seventy years of independence, there has not been any major change in the life of farmers of the country according to a report based on the national sample survey, more than eighty-six per cent farmers have less than two hectares of land which is resulting in suicide by farmers in a large number whereas a corporate farmer is making profits in crores by gaining income tax rebate the share of agriculture in gross domestic product of the country is approximately fourteen to sixteen per cent whereas forty-nine per cent of total labour force and sixty-four per cent of village labour force is engaged in agricultural worksto emerge out farmers from crop cycles, efforts are being made to make farmers aware through organizing camps on a large scale, organized by the government and the department of agriculture the farmers of uttar pradesh, punjab, rajasthan and madhya pradesh do regrettable farming by getting suggestions from awareness camps organized by the government and the department of agriculture but farmers do engage themselves again in paddy and wheat farming because of not getting the fair prices of crops in mandiesdespite huge production of grains and vegetables in the country, farmers are in trouble they got good fair price of their produce during the last two years but crops were lost due to drought and unseasoned rains as a result their incomes got affected the aim of the government is to make farmers' income double which has been expressed by the hon'ble prime minister many times but whether the crop is much or less, the income of farmers never increases this year prices of vegetables or grains got new lows despite sowing on huge scale and favourable seasondespite food sufficiency in the country, there has been constant less availability of food grains in the country for want of proper mechanism therefore, by procurement of surplus produce from farmers on fair price by the government along with by making that available in other parts of the country, the price rise would be controlled and farmers will get fair price of their producehence this bill financial memorandumclause 5 of the bill provides for the constitution of an inspection and encouragement committee clause 6 provides for functions of the inspection and encourage committee clause 7 makes it mandatory for the central government to provide requisite funds to the committee the bill, therefore, if enacted, is likely to involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees twenty thousand crore will be involveda non-recurring expenditure of about rupees fifteen thousand crore is likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the act as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for right to farmers for protection and sale of surplus crop produce at remunerative prices and for matters connected therewith————(shri shrirang appa barne, mp)gmgipmrnd—1380ls(s3)—26-07-2017

Parliament_bills

1e884773-6fc2-5f13-bc9a-1f74d09e69ba

on the 18th december, 2009 bill no xliii of 2009 the naxalite affected areas (special provisions) bill, 2009 a billto provide for framing of a national policy providing for special grants and development of areas affected by naxalites in the country particularly in chhattisgarh, jharkhand, orissa, andhra pradesh, west bengal and madhya pradesh and relief and rehabilitation to the victims of naxalism and for matters connected therewith and incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the naxalite affected areas (special provisions) act,2009short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at once2 in this act, unless the context otherwise requires,—definitions(a) "naxalite" means a member of an extreme maoist group employing tactics of agrarian terrorism and causing violence, kidnapping, arson, etc in various forms(b) "prescribed" means prescribed by rules made under this act45 of 1860 2 of 1974 37 of 1967(c) words and expressions used and not defined in this act but defined in the indian penal code, 1860, the code of criminal procedure, 1973 and the unlawful activities (prevention) act, 1967 shall have the meaning respectively assigned to them in those acts 3 (1) the central government shall, within six months of the enactment of this act, in consultation with the governments of the states affected by naxalite, frame a national policy for areas affected by naxalitesnational policy for areas affected by naxalites(2) for the purposes of implementation of the policy framed under sub section (1) of section 3, the central government shall provide special grants by due appropriation made by the parliament in this behalf, to the areas and states affected by naxalite violence:provided that the special grant provided under sub section (2) of section 3 shall not be less than fifty per cent of the revenue generated from the naxalite affected areas 4 the central government shall, within one month of the enactment of this act, in consultation with the state governments of states affected by naxalites, notify the districts affected by naxalites or the states which are affected by naxalite violence or are under threat of naxalite violence, in such manner as may be prescribedcentral government to notify the naxal affected areas5 for the purposes of countering the violent attacks by naxalites, the central government shall in consultation with the state governments, raise a special paramilitary force and provide them necessary equipments and training for the purposespecial force to counter naxalite violence6 the central government shall as soon as may be, in consultation with the state governments, which are or whose areas are notified under section 4, make all efforts and frame schemes for those naxalites who intends to given up violence and return to the mainstream of the country inter alia providing them with employment and other incentives as may be deemed necessaryemployment and other incentives to naxalities, who give up violence7 notwithstanding anything contained in any other law for the time being in force, the dependents of a citizen who loses his life in naxalite violence shall be given relief by the central government by paying,—compensation to the dependents of persons killed by naxalites(i) an ex-gratia grant in the form of compensation of such amount which shall not be less than five lakh rupees in such manner as may be prescribed; and(ii) financial assistance at the rate of two thousand rupees per month for such period as may be prescribedexplanation—for the purposes of this section "dependents" include spouse, children and aged parents who are dependent on the deceasedcompensation to survivors of naxal attack8 any person who is attacked by naxalites but survives the attack and receives severe injuries thereby permanently incapacitating him or seriously injuring him, the central government shall,—(i) bear the entire costs of his medical treatment; and (ii) pay an ex-gratia grant as compensation of not less than two lakh rupees in such manner as may be prescribedmiscellaneous provisions9 (1) where the dwelling unit of any family is destroyed or damaged due to torching or bombing by the naxalites, the central government shall,—(a) provide a dwelling unit to such family in such manner as may be prescribed;and(b) bear the entire cost of repairs of the damaged dwelling unit(2) where the livestock of a person is eliminated or killed or his standing crop is destroyed by the naxalites, the central government shall pay adequate compensation to the owner of the livestock or the crop, as the case may be, in such manner as may be prescribed 10 the central government shall provide, after due appropriation made by parliament by law in this behalf, adequate funds to the states affected by naxalite violence for carrying out the purposes of this actcentral government to provide funds act to have overriding effect11 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forcepower to make rules12 the central government may, by notification in official gazette, made rules for carrying out the purposes of this act statement of objects and reasonsmany parts of our country are in the grip of naxalite violence it is being estimated that naxalite activities have spread over 180 districts of the country across 10 to 13 states covering around forty per cent of the geographical area of the country the worst affected states are chhattisgarh, jharkhand, parts of orissa, andhra pradesh, west bengal and madhya pradesh these naxalite groups are operating with different names and recruiting the desperate youth of the areas in their force they are specially concentrated in the area called 'red corridor' thousands of people including police and paramilitary personnel have been killed in the naxalite violence year-after-year in 2008, 938 persons were killed in naxalite violence and the number is increasing every year these naxal groups are running amok in the affected areas and the people there are living under constant threat and fear these naxalites do not spare even women, children and the poor they are running parallel government and collecting illegal money from the people of the affected areas there is no denying the fact that the backwardness and uneven distribution of resources are main causes for the growth of naxalite activities in the country minerals and iron ore in huge quantities worth millions of rupees are dug out from these places and in return nothing is spent from the revenue earned from these areas for its development but at the same time, it is also true that with the kind of violent activities are being perpetuated by these persons, it is nearly impossible to develop these areas in the normal course it is also a proven fact that brute force cannot solve this problem even the hon'ble prime minister has described it as the biggest threat to india there is an urgent need that a national policy to tackle the problem should be framed and special efforts are made to bring the directionless youth into the mainstream of the country these youth should be given amnesty and provided with employment and other incentivesthe situation is grave and is turning ugly with every incident of violence if proper attention is not given to this problem, it may cause a severe loss to the nation therefore, it is high time that a law should be enacted to solve the issues relating the naxalite violence and provide relief and rehabilitation to the persons affected by these violencehence this billmabel rebello financial memorandumclause 3 of the bill provides that the central government shall provide special grants to the areas affected by naxalite clause 5 provides for raising a special force for countering naxalite violence clause 6 provides for employment and incentives for yourh shunning violence clause 7 provides for compensation to the dependent of persons killed by naxalites clause 8 provides for compensation to person wounded in naxalite violence clause 9 provides for miscellaneous provisions or clause 10 makes it mandatory for the central government to provide funds for carrying out the purposes of this bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character————— a billto provide for framing of a national policy providing for special grants and development of areas affected by naxalites in the country particularly in chhattisgarh, jharkhand, orissa, andhra pradesh, west bengal and madhya pradesh and relief and rehabilitation of the victims of naxalism and for matters connected therewith and incidental thereto—————(ms mabel rebello, mp)

Parliament_bills

34a6e004-46f4-5585-a543-ddf52d55178b

financial memorandumclause 6 of the bill provides that the appropriate government to establish special courts clause 10 provides that central government will provide funds for the implementation of the bill the bill, if enacted and brought into force, will involve expenditure from the consolidated fund of india to the tune of one hundred crore rupee per annum as recurring expenditure a sum of rupees one hundred crores may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character

Parliament_bills

a7588cdb-18e4-5a76-a143-9d8538202a7c

bill no 173 of 2017 the protection of children from sexual offences (amendment) bill, 2017 by shrimati poonam mahajan, mp a billfurther to amend the protection of children from sexual offences act, 2012be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the protection of children from sexual offences(amendment) act, 20175(2) it shall come into force as on such date as the central government may, by notificationin the official gazette, appoint32 of 20122 after section 38 of the protection of children from sexual offences act, 2012, thefollowing section shall be inserted, namely:—insertion of new section 38a acquittal by special court"38a (1) in case of any person being acquitted by the special court, the court shall set forth detailed reasoning as to the following: —10(a) whether the accused has been acquitted because of the reason ofinnocence or because of the prosecution having failed to meet the burden of proof to prove the guilt; or(b) in case of the prosecution having failed to meet the burden of proof to prove the guilt, the court shall identify and name all the persons responsible for such lapses including the public prosecutor or the police officers involved, if any5(2) in case the accused is acquitted by reason of the prosecution having failed to meet the burden of proof and such accused person is also related to the child, it is clarified that such acquittal shall not automatically entitle the accused to—(i) claim custody or visitation rights to such child; or10(ii) have any kind of access to the child, except through an order of a family court, which shall hold an independent inquiry to determine the guilt of the accused through preponderance of probabilities" statement of objects and reasonsthe union ministry of women and child development in its study on child abuse conducted in 2007 stated that out of fifty three per cent of children reporting child sex abuse, fifty per cent had suffered intra-familial abuseindia is obligated to evolve adequate measures to protect child sex abuse victims from their offending parents which aligns with the right against discrimination and the right to health and dignity contained in articles 15 and 21 of the constitution, respectively coupled with society's denial of incest, an offending father despite the said prohibition accompanying bail, can influence the child through lawfully awarded interim visitation rights thereby stalling prosecution efforts against him no explicit legislative prohibition exists against the granting of custody or visitation rights to fathers committing a sexual offence pending conviction in a criminal trial experts caution against the granting of monitored visitation to offending parents because their very presence may trigger in the child traumatic memories of abuse, feelings of being unsupported and lead to recanting of allegations against the offender thereby resulting in compromising criminal trial against the parentthe rationale behind government preparing guidelines from custodial and visitation claims by offending fathers is aimed at ensuring that the child should not be forced to meet him the child's relationship with mother should be strengthened by recognising her as the sole guardian unless absolutely necessary, the court should not issue orders repeatedly for mediation, custody or visitation in the families involved moreover, orders granting visiting rights to an offending father should be issued only after consultations with mental health experts clearly find such visitation to be in the child's best interests finally, acquittal in a criminal trial should not automatically absolve the father of liability either the family court or the special court should initiate an independent inquiry using the standard of preponderance of probabilities to be certain of innocencehence, this billnew delhi;poonam mahajanjuly 25, 2017———— a billfurther to amend the protection of children from sexual offences act, 2012————(shrimati poonam mahajan, mp)gmgipmrnd—2091ls(s3)—13-10-2017

Parliament_bills

569b17e1-083f-57c2-9063-e8aedb09cfbb

bill no 21of 2019 the national commission for female farmers bill, 2019 by shri r dhruvanarayana, mp a billto provide for the establishment of a national commission for female farmers in the country and for matters connected therewithbe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the national commission for female farmers act, 2019 (2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "national commission" means the national commission for female farmers established under section 3;5(c) "prescribed" means prescribed by rules made under this act; and10(d) "female farmer" means, irrespective of the marital status or ownership of land, any woman who undertakes cultivation in her own land or land owned by her husband or a family member or land owned by any other person on sharing basis or on lease 3 (1) the central government shall, by notification in the official gazette, establish a commission to be known as the national commission for female farmers to improve the condition of women farmers in the country(2) the commission shall consist of—establishment of a national commission for women farmers welfare and development(a) a chairperson;15(b) a deputy chairperson; and (c) three members, to be appointed by the central government from amongst the persons committed to the cause of welfare of women and having experience in the field of women's rights, farmers rights, law or management20(3) the central government may appoint such number of officers and staff including experts to the commission as may be required for its efficient functioning(4) the salary and allowances payable to, and other terms and conditions of service of the chairperson, deputy chairperson, members, officers, staff and experts of the commission shall be such as may be prescribed(5) the national commission shall have the power to regulate its own procedure254 (1) it shall be the duty of the national commission to take such steps, as it may deem appropriate, for the welfare and development of female farmersfunctions of the national commission(2) without prejudice to the generality of the foregoing provision, the national commission shall ensure the following provisions for the benefit and welfare of female farmers, namely:—30(a) negotiating all cases related to the safeguards provided to female farmers and carry out the monitoring and improvement of such safeguards;| ( | b | ) safeguarding the rights of the female farmers over the land they cultivate; ||------------------------|-----|---------------------------------------------------------------------------------|| 35 | | || ( | c | ) investigate complaints of the female farmers related to deprivation of their || rights and safeguards; | | |(d) support the appropriate government in the planning process of socioeconomic development of female farmers;(e) submit reports to the central government regarding the working of safeguard on an annual basis or at such intervals as it thinks fit; and40(f) undertake all other functions for the protection, welfare and development of female farmers, as specified by the central goverment 5 (1) the central government shall cause to be laid before each houses of parliament all the reports submitted to it under clause (e) of sub-section (2) of section 4 alongwith a memorandum explaining the reasons for not accepting any of the recommendations made thereto5(2) where the report, or any of its part is related to any of the issue connected with the state government, a copy of such report shall be forwarded to the governor of that state, who shall, along with an explanatory memorandum explaining action taken or proposed to be taken on the recommendations related to the state, if any, and reasons for not accepting any of the recommendations, cause to be laid such report before the state legislature6 the national commission shall, while investigating any matter referred to in clause (b)of sub-section (2) of section 4, have all the powers of a civil court trying a suit and, in particular in respect of the following matters, namely:—10commission to have powers of civil court(a) summoning and enforcing the attendance of any person from any part ofindia and examining him on oath;(b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office;15(e) issuing commission for the examination of witnesses and documents; and (f) any other matter which may be prescribed7 the appropriate government shall consult the national commission on all policies affecting interests of the female farmersappropriate government to consult commission208 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds to the national commission for carrying out the purposes of this actcentral government to provide adequate funds to the national commission power to remove difficulties259 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as may appear to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this actact to have overriding effect3010 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forcepower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act3540(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsmore than fifty per cent of the population of the country is involved in agriculture in some way or the other out of this population, almost seventy per cent are female farmersmore women work on the fileds than men, yet only thirteen per cent of them own the land they cultivate without ownership over land, they have very little access to credit schemes meant to support farmers land rights for women are mediated through the various personal laws that are followed arbitrarily from state to state customary practices sometimes deny the women their right to own land even when it is permitted by law another issue women farmers face is the wage gap in the agricultural sector they are often forced to be content with low paid agricultural jobs many schemes and special provisions exist for women farmers, inspite of which their socio-economic situations has not changed in order to look into their specific needs and ensure their development, a better, empowered institutional mechanism is needed there is a great need for the establishment of a national commission for the welfare of female farmershence this billnew delhi;r dhruvanarayanajanuary 7, 2019 financial memorandumclause 3 of the bill provides for constitution of national commission for female farmers it also provides for appointment of a chairperson, deputy chairperson, member, officers, staff and experts to the commission clause 8 provides for the central government to provide adequate funds for the functioning of the commission the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty crore per annum will be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the establishment of a national commission for female farmers and for matters connected therewith————(shri r dhruvanarayana, mp)mgipmrnd—3252ls(s3)—31-01-2019

Parliament_bills

c6daa13c-cc5a-5b48-8d6e-fe79b27fbaf2

annexure extract from the forest (conservation) act, 1980 (act no 69 of 1980) restriction 2 notwithstanding anything contained in any other law for the time being int force in on ane ti a state, no state government or other authority shall make, except with4he prior approval ation of forests or of the central government, any order directing— use of forest land for \ (i) non-forest purpose (iv) 'explanation— fur the purpose of this section "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for— (a) the cultivation of tea, coffee, spices, rubber, palms, oil-bcaring plants, horticultural crops or medicinal plants; (b) any purpose other than reafforestation, but does not include any work relating or ancillary to conservation, development and management of forests and wild life, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipe-lines or other like purposes'

Parliament_bills

0d2de3b2-28bb-5d83-9d0f-c0009b8f89f4

the representation of the" people (amendment) bill, 1955(as introduced in lok sabha) the representation of the people (amendment) bill, 1955 (as introduced in lok sabha) abill turther to amend the representation of the people act, 1950, and to make certain consequential amendments in the govemtnent of part c states act, 195! be it enacted by parliament in the sixth year of the republic of inn ia as follows:-1 (1) this act may be called (amendment) act, 1955 the represenhtio:l 'jf the people short title and ccjlft mencement l2) it shall come into force on the 1st day of january, 1956 5 z in section 2 of the representation of the people act, 1950afen~:lt (hereafter in this act referred to as the principal act), in sub-section~ 8 on (1),-(a) in clause (b), for the words and figure "by order made under section 9", the words "by law" shall be substituted; 10 (b) in clause (cc), for the words "council of states", the words lcelectoral college" shall be substituted; is 20 (c) in tlause (f), for the words and figure "by section 6 or by order made thereunder", the words "by h\w" shall be substituted; (d) after clause (h), the following clause shall be added at the end, namely:-"(i) 'state government', in relation to a part c state, means the lieutenant·governor or chief commissioner thereof" 3 in section 3a of omitted the principal act, sub-section (2) shall be amendment of section ,9a t section 5 of the principal act shall be omitte<l omiaaion of aection s 5 section 8 of the principal act shall be omitted omiuion of section 8 ~en~t 6 in section 9 of the principal act, in clause (a), after the words tecbon 9· "each state", the words "specified in the second schedule" shall be inserted s insertion of 7 after part ii of the principal act, the following parts shall i:~ p:j be inserted, namely: _ i ii-b "part ii-a officerschief electoral officen 13a (1) there shall be for each state a chief electoral officer 10 who shall be such officer of government as th~ el~ction commission may, in consultation with that government, designate or nominate in this behalf (2) subject to the superintendence, direction and control of the election commission, the chief electoral officer shall super-is vise the preparation and revision of all electoral rolls in the s'tate under this act electoral re-,iltrauon ofticm l3b (1) the electoral roll for each parli&mentary constituency, assembly constituency, electoral college constituency and council constituency shall be prepared and revised by an elec- 20 toral registration officer who ihall be such officer of government or of a local authority as the election commission may, in consultation with the government of the state in which the constituency is situated, designate or nominate in this behalf aiiitaut electoral rep-tration officer (2) an electoral registration officer may, subject to any 25 prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electqral roll for the constituency ; 13c (1) the election commission may appoint one or more persons as assistant electoral registration officers to assist any 30 electoral registration officer in the performance of his functions (2) every assistant electoral registration oftk-er shall" jubject to the control of the electoral registration officer, be' competent to perform all or any of the functions of the electoral registration officer ,35 part ii-b eltcooltal rolls for parliamentary constitt1inci£s13d the electoral roll for every parliamentary constituency blcc:toral roil shall consist of the electoral rolls of 80 much of all the assembly for ~liamen_ cod-s constituencies or, as the case may be, electoral college constitu- ltituendet encif>s as aie comprised within that parliamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency" 8 in part iii of the principal act, for the heading, the following substitu~ 10 heading shall be substituted, namely:-:,nr:r ~e -heading of "flectoftal nolls for assembly and electoral college 'part in constituencies" •is 9 for section 14 of the principal act, the following section shall !;bstitudon be substituted, namely: -tiod ~ :: don 140 "14 in this part, unless the context otherwise requires,-definitions (a) 'constituency' means an assembly constituency or an electoral college constituency; (b) 'qualifying date', in relation to the preparation or revision of every electoral roll under this part, means the 1st day of march of the year in which it is so prepared or revised" 10 in section 17 of the principal act, after the word 'consti- amendment tuency', the words 'in the same state' shall be inserted of'iecdoa 17· 11 for section 19 of the principal act, the following section shall substitution 25 be substituted, namely: -~~nn;: :-reistration "19 subject to the foregoing provisions of this person who, on the qualifying date-p t tion 19· ar , every conditiod of 30 (a) is not less than 21 years of age,' and (b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency" 12 in section 20 of the principal act,-35 (a) for sub-section (3), the following sub-section shall be amendment substituted, namely: -_ of iectioa 20 "(3) a member of the armed forces of the union shall be deemed to be ordinarily resident on any date in the eonstituency in which, but for his service in the ah1\ed forces, he would have been ordinarily resident on that date"; (b) in sub-section (4), the words "during any period or" and the words "during that period or" shall be omitted; (c) in sub-section (5), the words "during any period ar" shall s be omitted; (d) in sub-section (6), the words "during any period" and the words "during that period" shall be omitted; and (e) sub-section (7) shall be omitted sufbatitutiod 13 for sections 21 to 25 of the principal act, the following sections 10 o dew lec- tions for shall be substituted, namely:-lections 21 to 25 - preparatjgn and lwisiud of elec:tore1 rou "21 (1) the electoral roll for each constitut!ncy shall be prepared in the prescribed manner by referen~e to the qualifying date and shall come into force immediately upon its final publi-cation in accordance with the rules made under this act is (2) the said electoral roll shall thereafter be revised in every subsequent year in the prescribed manner by reference to the qualifying date: provided that if for any reason the electoral roll is not revised in any year the validity or continued operation of the 20 electoral roll shall not thereby be affected: provided further that it shall not be necessary to revise in the year 1956 the electoral roll for any assembly constituency provided by order made under section 9 of this act or sub-section (2) of section 4 of the government of part c states act, 1951' 25 xlix of itsi (3) notwithstanding anything contained in sub-section (2), the election commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit: 30 provided that subject to the other provisions of this act, the electoral roll for the constituency, as in force at the time of tht! issue of any such direction, shall continue to be in force until the completion of the sp,ecial revision so directed correctfoa of entries in el· ectoral rolll 22 (1) the electoral registration officer for a constituency, 35 on application made to him for the correction of an existing entry in the electoral roll of the constituency, shall, if he is satisfied after such inquiry as he thinks fit, that the entry relates to the applicant and is erroneous or defective ill any particular, amend the entry accordjngly (2) any person whose name is entered in the electoral roll of a constituency may apply to the erectoral registration officer s for transposing the entry to another place in the same electoral roil and if the electoral registratic;1d officer, after making such enquiry as he thinks fit, is satisfied that the applicant is entitled lo have his name shown in that other place, he shall amend the electoral roll accordingly 10 23 (1) any person whose name is not included in the idduuod of electoral roll of a constituency may apply in the manner herein-: in after provided for the inclusion of his name in that roll rolla is (2) where an application under sub-section (1} is made at ilny time after the issue of a notification ~alling upon that constituency or the parliamentary constituency within which that con~tituency is comprised, to elect a member or members and before the completion of that election, it shall be made to the chief electoral officer; and in any other case, it shall be made to the electoral registration officer of that constituency - 20 (3} the chief electoral officer or, as the case may be, the electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be inclu~d therein: provided that if the applicant is registered in the electoral 25 roll of any other constituency in the same state, the chief electoral officer or, as the case may be, tbe electoral registration officer shall inform the electoral registration officer of that constituency and that officer shall on receipt of the information strike off the applicant's name from that electoral toll 30 (4) where an application made under this section is rejected an appeal shall lie to the election commission within -h time and in such manner as may be prescribed (5) every application al1d appeal under t1,is section shall be accompanied by the prescribed fee which shall in no case be 35 refunded" 1« in part iv of the principal act, for the heading, the follow- subatitutioa ing heading shall be substituted, namely: -f!an;: !b~ beadtl!f of part lv iielectoral rolls for cot1ncil constitt1j:ncn:s" ~!6 of u sectio~ 26 of the principal act shall be omi~ted amendment 16 in section 27 of the principal act,- of aectioo 27'(a) for sub-section (2), the following sub-section shall be substituted, namely:-"(2) for the purpose of elections to the legislative s council of a state in any local authorities' constituency-(a) the electorate shall consist of members of such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that state in the fourth schedule; 10 (b) every member of a local authority within a local authorities' constituency shall be entitled to be registered in the electoral roll for that constituency; - (c) the electoral registration officer for every local authorities' constituency shall maintain in his is office in the prescribed manner and form the electoral roll for that constituency corrected up-to-date; (d) in order to enable the electoral registration officer to maintain the electoral roll corrected up-to-date the chief executive officer of every local authority (by ~ whatever designation such officer may be known) shall immediately inform the electoral registration officer about every change in the membership of that local authority; and the electoral registration officer shall, on receipt of the information, strike off from the electoral 2s roll the names of persons who have ceased to be, and in· elude therein the names of persons who have become members of that local authority; and (e) the provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities' constituencies 30 as they apply in relation to assembly constituencies"; (b) for sub-section (4), the following sub-sectlon shall be substituted, namely:-"(4) the provisions of sections 15, 16, 18, 21 [excludinl( the second proviso to sub-section (2)], 22 and 23 shall apply 3s in relation to graduates' constituencies an'd teachers' constitu· encies as they apply in relation to assembly constituencies"; (e) in sub-section (5), clause (a) shall be omitted, and clauses (b) and (c) shall be re-lettered respectively as clauses (a) and (b); (d) tor sub-section (6), the following sub-section shall be substituted, namely:-u(6) for the purposes of sub-sections (4) and (5) the qualifying date shall be the 1st day of january ~f the year , in which the electoral roll is prepared or revised" u in section 27a of the principal act, in sub-section (1), the amen""'-' 0( 1ccti~ words "or group of states" and the proviso shall be omitted 27a 18 in sections 27b and 27c of the principal act, for the words ameadmmt "council of states constituencies" wherever: they occur, the words ~b=~c;c 10 "electoral college constituencies" sqall be substituted 19 section 27f of the principal act shall be omitted omijlioa of acction 27f 20 in section 27h of the principal act, the words uor group of amendmedt states" shall be omitted of iectjod 27h 21 in section 28 of the principal act, in sub-section (2), for clause amendment '1 (h), the following clause shall be substituted, namely: -of lcction 28 u(h) the revision of electoral rollsj" 22 for section 29 of the principal act, the following section shall substitutiod be substituted, namely: -:on'fbr-:;' dod 29 u29 every local authority in a state shall, when so requested staft'of local 30 by the chief electoral officer of the state make available to any :tho,!~: to electoral registration officer such staff as may be necessary for aviu e the perfol'il\ance of any duties in connection with the preparation and revision of electoral rolls" 23 in the fourth schedule to the principal act,-amendment octbefourlh i, (a) under the sub-heading "bihar", for item u5 the patna schedule administration committee", the following item shall be substituted, namely:-u5 the patna municipal corporation"j and (b) under the sub-heading "madras", in item 4, for the words 30 "major panchayats", the words and figure uclass i panchayats" shall be substituted ~muai,~ u the sixth and seventh schedules to the principal act shall aa'd scvedth be omitted sc:bedulel s in the govemment of part c states act, 1951,-(a) in section 2,-coniequentl8l aineodmcoliid the goyemment ocpartc sisla aj:t 1951• (i) in sub-section (1), in clause· (b), for the words, s brackets and figures "by order made under sub-section (2) of section 4", the words "by law" shall be substituted; (ii) suthection (2) shall be omitted; (b) ill section 4, sub-6ection (1) shall be omitted; (c) section 6 shah be omitted; (d) the first and second schedules shall be omitted statement of objects and reasonsthe proposals in this bill for the amendment of the representation of the people act, 1950, have been fonnulated in the light of the e>cperience gained by the election commission as well as the government in the working of the act during the last five years the changes proposed are explained below:-clause 2-the parliamentary constituencies provided under section 6 and the assembly constituencies provided under section 9 of the act will continue in force only until the dissolution of the house of the people or the legislative assembly of the state but after such dissolution new parliamentary and assembly constituencies as formed by the delimitation commission will come into force it is accordingly proposed to amend the definitions of "parliamentary constituency" and "assembly constituency" in such a way as to cover both the existing constituencies and the new constituencies the name "council of states constituency" is misleading it is not a constituency for the election of a member to the council of states, but a constituency for electing to an electoral college in kutch, manipur or tripura hence it is proposed to change the name to "electoral college constituency" the proposed definition of "state government" is intended to facilitate the administration of the act in part c states clauses 3 and 24-ln view of the amendments made in articles 341 and 342 of the constitution by the constitution (first amendment) act, 1951, sub-section (2) of section 3-a of the act and the sixth and· seventh schedules to that act are superfiuous the scheduled castes and scheduled tribes in relation· to each of the part c states have already been listed by orders of the president it is accordingly, proposed to omit sub-section (2) of section 3-a as well as the sixth and seventh schedules clauses 4 and 5-sections 5 and 8 of the act appear to be superfluous under articles 81 and 170 read with article 325 of the constitution, there cannot be any constituency for the house of th~ people or the legislative assembly of the state other than a territorial constituency as provided by law it is, therefore, proposed to omit these two sections clause 6-the amendment proposed in this clause is consequential upon the proposed integration of tbe election provisions of the government of part c states act with the provisions 01 the representation of the people actsclauses 7, 8 and 9-by clause 7 it is proposed to insert two new parts in the act, namely, part ii-a and part ii-b in part ii-a, it is proposed to make provision for the administrative machinery for the preparation and revision of the electoral rolls, namely, the chief electoral officer, electoral registration officers and assistant electoral registration officers parts iii and iv of the act contain provisions for the preparation of electoral rolls in all the states the scheme is that in every state there are separate rolls for parliamentary constituencies and for assembly constituencies despite the fact that each parliamentary constituency consists of an integral number of assembly constituencies an electoral registration officer has to be appointed for each parliamentary constituency as well as for each of the assembly constituencies comprised in that parliamentary constituency the electoral rolls have to be formally published, both at the time of preliminary publication and at the time of final publication, for each one of these parliamentary and assembly constituencies separately this leads to unnecessary duplication of work and expenditure which could be easily avoided by making the electoral rou for an assembly constituency the unit and providing that the electoral roll for a parliamentary constituency shall consist of the appropriate number of component units merely put together in the three part c states of kutch, manipur and tripura where there are no legislative assemblies there are what are known as council of states constituencies (proposed to be re-named electoral college constituencies) for the purpose of electing 30 members to an electoral college each of these three states has at present two parliamentary constituencies each of which comprises 15 electoral college constituencies in these states the electoral roll for an electoral college constituency should be the unit and the electoral roll for a parliamentary constituency should consist of 15 of these component electoral rolls put together it is accordingly proposed to provide in the new part ii-b that the electoral roll of every parliamentary constituency shall consist of electoral roll of so much of all the assembly constituencies or, as the case may be, electoral college constituencies as are comprised within that parliamentary constituency and it shall not be necessal'j' to prepare or revise separately the electoral roll of any parliamentary constituency; part til will be limited to the preparation and revision pf electoral rolls for assembly and electoral college constituencies by amending the definition of constituency in section 14 clause l1-8ection 19 of the act lays down two conditions for registration in any constituency, namely, (a) the person should have been ordinarily resident in the constituency for not less than 180 days during the preceding calendar year, and (b) he should not aave been less than 21 years of age on the 1st of march of the year in which the roll is prepared or revised in practice, however, owing to paucity of staff it has not been possible to make anything like a thorough inquiry on the first point, and the authorities responsible for the annual revision of the electoral rolls have mostly been content with ascertaining whether the elector ordinarily resides in the constituency at the time of revision there seems no great advantage in finding out whether an elector has been resident in a constituency for any particular period it is therefore proposed in clause 11 of the bill that the law should be simplified by relating "ordinary residence" to the "qualifying date" rather than to any "qualifying period" clause 12-8ub-section (3) of section 20 of the act distinguishes between members of the armed forces who live in "a barrack, building or place belonging to or provided by the government" and those who are permitted to live in private quarters these latter ate comparatively very few it is desirable to have a uniform rule for all members of the armed forces in order to avoid any discrimination and also to facilitate the administrative work which this provi-·sion throws on the various headquarters it is therefore proposed that the sub-section should be simplified as in clause 12 of the bill the amendments proposed in sub-clauses (b), (c) and (d) are consequential upon the proposed omission of all references to 'the qualifying period' in relation to 'ordinary residence' sub-section (7) of section 20 of the act is now spent and is proposed to be omitted "' clause 13-8ection 23 of the act requires that the electoral roll for each constituency shall be 'prepared' every year in the prescribed manner with reference to the qualifying date in view of the enormous size of the rolls and the expense incurred in the preparation of the first electoral rolls the election commission has decided not to attempt anything like a completely fresh preparation of the rolls every year except in a few localities a house to house inquiry and re-writing of the rolls every year will be unduly expensive and almost impracticable all that is feasible is an annual revision rather than actual preparation of the rolls and it is accordingly proposed that the provisions of existing section 23 of the act should be amended so as to provide for both preparation as well as revision of the electoral roll with reference to the qualifying date it is also proposed that a specific provision saould be made in the section itself relating to the coming into force of the rolls since general elections to the house of the people and the state legislative assemblies (except three) are due in the beginning of 1957, it would not be worth while revising the electoral rolls for the existing parliamentary and assembly constituencies during the year 1956 the election commission would in that year be preparing the rolls for the new constituencies as formed by the delimitation commission hence the second proviso to the new section 21 (2) at present there is no provision in the act for the inclusion of names in electoral rolls such a provision is important enough to find a place in the act itself and this is done in the new section 23 ~cept when an election has been announced in the constituency, the application for inclusion in the electoral roll will lie to the electoral registration officer during the period when an' election is in progress the application will lie only to the chief electoral officer of the state it is also proposed to provide for an appeal to the election commission from an order rejecting an application for inclusion of names clause 16-under section 27 of the act, the qualifying date in the ~sc of the electoral roll of a council constituency is the 1st of april of the year in which the roll is prepared in the case of election by a local authorities' constituency this may give rise to an anomaly because the names of persons who have ceased to be members of local authorities at the time of biennial elections to the legislative council of a state may continue in the electoral rolls and it may not be possible to register in the electoral rolls the names of persons who are members of local authorities at the time of such biennial elections there is hardly any necessity for a qualifying date for the preparation and revision of electoral rolls of local authorities' constituencies it is accordingly proposed to provide for the maintenance of electoral rolls of local authorities' corl'ltituencies up-to-date so that at the time of biennial elections to legislative councils only members (and not ex-members) of local authorities may exercise their franchise clausp 19-as it is proposed to include in part iii of the act, provisions relating to electoral rolls of electoral college constitueneies section 27-f will not be necessary clause 22-jt is desirable that the staff of local authorities should be made available to electoral registration officers for work in connection with the preparation and revision of, electoral 1'ol1s as they are now made available to :returning officers under section 159 of the 1951-act for work in connection with elections for this purpose a new section is proposed clause 23-the old patna city municipality and the p~tna administration committee have merged into the patna municipal corporation established under the patna municipal corporation act "major panchayats" in madras are now known as "class i panchayats" hence this amendment clause 25-the amendments proposed in this clause are consequential upon the proposal to integrate the election provisions of the government of part c states act, 1951 with the provisions of the representation of the people acts h v pataskar new delhi; the 28th july, 1955 - - - - - - definitions z (1) in this act, unless the context otherwise ,requires,-- - - - (b) "~ssembly constituency" means a constituency provided by order made under section 9 for the purpose of elections to the legislative assembly of a state, - - - - - - (cc) "council of states constituency" means a constituency provided by order made under section 27~ for the purpose of election of members to the electoral college for any part c state specified in the first column of the fifth schedule; - - - - - - (f) "parliamentary constitueney" means a constituency provided by section 6 or by order made thereunder for the purpose of elections to the house of the people; - - - - - ", relcrvatiod 3a (1) of the seats in the house of the people allotted under ~:ate if seclion 3 to each of the states of delhi, himachal pradesh and the p'!~l~ vindhya pradesh, one shall be reserved for the scheduled castes; f~r ~~d~ and of the seats so allotted to each of the states of manipur and §cbeduled vindhya pradesh, one shall be reserved for the scheduled tribes ~bes~cc~ (2) for the purposes of this act, the castes specified in the sixth sra", schedule shall be the scheduled castes in relation to the part c state under which they are so specified, and the tribes specified in the sev~nth schedule shall be the scheduled tribes in relation to the part c state under which they are so specified - - - - - - paruameni for the purpose of elections to the house of the people, there =:~i shall be the consti~uencies as provided by section 6 or by order ~ade thereunder, and no other constituencies - - - - - - alsembly cofttiluen cles • for the purpose of elections to a legislative assembly, there shall be the constituencies provided by order under section 9, and no other constituencies 9 & soon as may be, after the ~ommeneement of this aa~t the ,oclimltation of alsembly president shau, by order, determineconltitucn-(a) the constituencies into which each state shall be divid- cici ed for 'the purpose of elections to the legislative assembly of that state; · part iii registration of parliamentary electors - - - - - ,' i - ';' 14 in this part, '~constituency" means a 'parliamentary constitu- definition ency ; - - , - - - n no person shall be entitled to be registered' in the electoral no pcnon to be rells-roll for more than one constituency tcredinmore - - - - - - than onc consuwcn- f:y 19 subject to the foregoing provisions of this part, every person conditionl who- :' of reaistra- uon (a) has been ordinarily resident in a constituency for not less than 180 days during the qualifying period, and (b) was not less than 21 years of age on the qualifying date, shall be entitled to be registered in the electoral roll for that con-stituency' " meaning 01 "ordinarily }clident" - zo (1) - - - lit (3) a member of the armed forces of the union while living in any barrack, building or place belonging to, or provided by, the government shall not be deemed to be ordinarily resident in the constituency within which such barrack, building or place is situate, but shall be deemed to be ordinarily resident during any period or on any date in the constituency in which, but for his service in the armed forces, he would have been ordinarily resident during that period or on that date (4) any person holding any office in indi~ declared by the pre-sident in consultation with the election commission to be an office to which the provisions of this sub-section apply, or any pe'rson who is employed under the government of india in, a post outside india, shall be deemed to de ,ordinarily resident during any periap or on ilny date in the constituency in which, but for the holding of any 16 weh offiee or employmeftt, he would have been ordinarily resident during that period or on that date (5) the statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and veri-fied in the prescribed manner, that but for his service in the armed forces or but for his holding any such office or being employed in any such post as is referred to in sltb-section (4) he would have been ordinarily resident in a specified place during any period or on any date, shall, in the absence of evidence to the contrary, be conclusive evidence of that fact (6) the wife of any such person as is referred to in sub-section (3) or sub-section (4) shall, if she be ordinarily residing with such person during any period, be deemed to be ordinarily resident dur-ing that perioo in the constituency specified by such person under sub-section (5) (7) for the purpose of the electoral rolls first prepared under this act, ·a person who is a citizen of india and has migrated from the territory of pakistan into the territory of india before the 25th day of july, 1949, on account of disturbances or fear of disturbances in his former place of residence shall be deemed to have been ordinarily resident during any period or on any date in the consti-tuency in which he was resident on the said day or, if any other constituency is specified by him in this behalf in the prescribed form and manner, in that other constituency, ~ali!~~ of 21 for the purpose of this part, the qualifying qu ·/in 'l'f' 'od date and the date" and qua 1 ymg pen -"q~ifyjna period" (a) in the case of electoral rolls first prepared under this act, shall be the 1st day of march, 1950, and the period begin- ning on the 1st day of april, 1947 and ending on the 31st day of december, 1949, respectively; and (b) in the case of every electoral roll subsequently pre- pared under this act, shall be the 1st day of march of the year in which it is prepared, and the year immediately preceding thar year, respectively hlectom re- u (1) the electoral roll for each constituency shall be prepared p"ration by an electoral registration officer, who shall be such officer of officers government 01' of a local authority as the election commission may, in consultation with the government of the state in which the con- stituency is situated, designate or -nominate in this ,behalf (2) an electoral registration officer may, subject to any pres-cribed restrictions, employ such persons as he thinks fit in the preparation or the electoral roll for the constituency i' !!a (1) notwithstanding anything contained in the foregoing s~jai p~ provisions of this part the first electoral rolls under this act shall ::;/ds w;~ be prepared in relation to such areas (referred to in this act as electoral 'electoral units') in each state as the election commission may, rolls dfirat prepare un-m consultation with the government of that state, direct der the act (2) an electoral roll prepared under sub-section (1) shall be pub-lished in such manner and at such places as may be prescribed by reference to the electoral units for which the roll has been prepared for the purpose of inviting claims for inclusion in, or objection to, such roll (3) for the purpose of the preparation of electoral rolls under sub-section (1) and the claims and objections referred to in sub-section (2), the provisions of sections 15, 17, 18, 19, 20 and 22 shall have effect as if for any reference to a constituency in the said sec-tions there were substituted a reference to an electoral unit (4) after the constijuencies in a state have been determined under part ii and after the claims and objections in respect of the electoral rolls for all the electoral units or parts thereof comprised in a constituency so determined have been disposed of in accord-ance with the rules made in that behalf under section 28 and such electoral rolls have been altered in accordance with the decisions given on such claims and objections, the electoral rolls for all such electoral units and parts thereof so altered shall be republished in the manner prescribed as the electoral roll for such constituency and shall, on such republication, be deemed to be the electoral roll prepared under this act for that constituency 23 the electoral roll for each constituency shall be prepared annual pre-every year in the prescribed manner by reference to the qualifying ~e:!~~ of date: rou provided that it shall not be necessary to prepare any roll during the year 1951 24 (1) subject to the other provisions of this act, the electoral roll period of for any constituency first prepared under this act shall come into operation of f di t i 't fin i bli ti electoral orce lmme a e y upon i s a pu ca on 10 accordance with rolls the rules made under this act and shall remain in force until the 30th day of september, 1952; and every electoral roll subsequently prepared under this act shall come into force on the 1st day of october next after the qualifying date by reference to which that roll is prepared and shall remain in force until the 30th day of sep-tember next following (2) if for any reason, the electoral roll for any constituency or part of a constituency is in any year not finally published in the 18 prescribed manner before the 1st day of october, then, until the day on which it is so published, the electoral roll in force imine diately before the said 1st day of october shall continue in force as the electoral roll for that constituency, or, as the case may be, that part of the constituency | revision | or ||-------------|------------------------------------------------|| correctioq | of || electoral | || 25 | notwithstanding anything contained in sections || rolls | || in | || s pe- | || cial cases | |(a) the election commission may at any time, for reasons to be recorded in writing, direct the revision in the prescribed manner of the electoral roll of any constituency or part of a constituency, and when a list containing any additions to, omissions from or alteration in, the electoral roll as a result of such revision has been finally published in the prescribed numner, the electoral roll shall be deemed to have been revised accordingly; (b) the electoral- registration officer for a constituency, on application made to him for the correction of an existing entry in the electoral roll of the constituency for the time being in force shall, if he is satisfied after such inquiry as he thinks fit that the entry relates to the applicant and is erroneou~ or defective in any particular, amend, or cause the roll to be amended, accordingly part iv registration of electors for state ll:gisuturis'r~arati°l 26 the provisions of sections 15 to 25 (including the special pro-~lf to~1s- visions co~tained in section 22a) shall apply in relation to assembati llcmbly - con- ly constituencies as they apply in relation to parliamentary constituencles t uencles 27 (1) - - - - preparatilm of electoral roll for council con-, - tituenciet (2) for' the purpose of elections to the legislative council of a state in any local authorities' constituency, the electorate shall consist of members such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that state in the fourth schedule - - - - (4) the provisions of sections is, 16, 18, 20, ~2, 23 (excluding the proviso), 24 and 25 shall apply in relation to council constituencies as they apply in relation to parliamentary constituencies (5) subject to the foregoing provisions of this section,-(a) every person who on the qualifying date, was a member of any such local authority within a local authorities' constituency as is referred to in sub-section (2) shall be entitled to be registered in the electoral roll for that constituency; - - - - - (6) for the purpose of this section, the qualifying date in the case of every electoral roll shall be the 1st day of april of the year in which the roll is prepared part iva manner of filling seats in the council of state's to be filled byrepresentatives of part c states 27a (1) for the purpose of filling any seat or seats in the constitution council of states allotted to any part c state or group of such :ll:~~tora~r states in the fourth schedule to the constitution there shall be an the filling of electoral college for each such state or group of states: ~~n~il ~f provided that for the purppse of filling the' seat allotted to the !~tes p allo~ states of ajmer and coorg or to the states of manipur and tri- stat~~ art pura, there shall be an electoral college for each of the said states - - - - - 2m for the purpose of election of members to the electoral ~o~cil of college for any state specified in the fix:st column of the fifth sti~~ci:~­schedule there shall be the constituencies provided by order under section 27c and no other constituencies 27c as soon as may be after the commencement of this act, the delimitation president shall by erder determine- ~f cs':: (a) the constituencies into which each state specified in :nstituen the first column of the fifth schedule shall be divided for the ci purpose of election of members to the electoral college for such state; (b) the extent of each constituency; and (c) the number of seats allotted to each constituencies - - - - - z7f (1) for the purpose of election of members to the electoral electoral 11 f s fied ' h fi rolls for co ege or any tate speci in t erst column of the fifth council of schedule there shall be an electoral roll for every council of states s~ates ron- s stituenclcs constituency in that tate (2) so much of the roll or rolls for any parliamentary constituency or constituencies for the time being in force under part iii as relate to the areas comprised within a council of states constituency shall be deemed to be the electoral roll for th at council of states constituency - - - - - m~nner of 2'70 save as otherwise provided in section 271 the seat or seats ~~~n ~~e in the council of states allotted to any part c state or group of council of such states in the fourth schedule to the constitution shall be ~~t:~ ~c filled by a person or persons elected by the members of the states electoral college for such state or group of states in accordance with the system of proportional representation by means of the single transferable vote - - - - - part v general28 (1) power to make rules - - - - - (2) in particular and without prejudice· to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- - - - - , (h) the revision or correction of an electoral roll under section 25 and the final publication of the list referred to in that section; - - - - - validation 29 all things done, and all steps taken, before the commence-~~~~u~onfo ment of this act with a view to facilitating the provisional prepathe com- ration of electoral rolls for the purpose of elections to the house :re:he~t of the people or to the legislatures of states· shall, in so far as they are in conformity with the provisions of this act, be deemed to have been done or taken under this act as if it was in force at the time such ttlings were done or such steps were taken - - - - - - the fourth schedule [see section 27 (2)] - - - - - - bihar - - - - - - 5 the patna administration committee - - - - - - madras - - - - - - 4 major panchayats, that is to say, panchayats notified by the state government in the offici,al gazette as panchayats which exercise jurisdiction over an area containing a population of not less than five thousand and whose income for the financial year immediately preceding the date of the notification was not less than ten thousand rupees - - - - - - - - - - 2 (1) in thjs act, unless the context otherwise requires,-, - - - - - (b) "assembly constituency" means a constituency provided by order made under sub-section (2) of section 4 for the purpose of elections to the legislative assembly of a state; - - - - - (2) for the purposes of this act, the castes specified in the first schedule shall be the scheduled castes in relation to the part c state under which they are so specified, and the tribes specified in the second schedule shall be the scheduled tribes in relation to the part c state under which they are so specified - - - - - 4 (1) for the purpose of elections to the legislative assembly dclimitadqll of a state, there shall be constituencies as provided by order made of coilititlaunder sub-section (2) and no other constituencies: eadc •• - - - - - 6 (1) for the purpose of elections to the legislative assembly electoral of a state, there shall be an electoral roll for every assembly a:m~ constituency ! ~dtucd-- (2) so much of the roll or rolls for any parliamentary constitu- cici ency or constituencies for the time being in force under part m of the representation of the people act, 1950 (xliii of 1950), as relate to the areas comprised within an assembly constituency shall be deemed to be the electoral roll for that assembly constituency - - - - - - a bill further to amend the representafon of the people act, 1950 and to make certain consequential amendments in the government of part c states act, 1951 , (shri h v pataska" minis1er in the ministry of lar1j~) ~

Parliament_bills

f9802177-9824-537c-914a-0faaddd0f07b

statement of objects and reasonsthe central industrial security force (cisf) was raised under the central industrial security force act, 1968 to provide protection and security to the central government industrial undertakings at present as per sub-section (1) of section 3 of the said act, this force can be deployed only in the public sector industrial undertakings however, there are many other government organisations which are not strictly covered under the definition of industrial undertaking but are of strategic importance to the nation it is proposed to empower the government to deploy the said force also to perform other security duties accordingly sub-section (1) of section 3 of the said act is being amended 2 in the emerging scenario, private sector will play an increasing role in the economy of the country the state will play the role of a regulator by creating a secure environment for free play of the economic forces this will include the security of the industrial establishments, over the years, cisf have achieved specialisation in the field of industrial security which can be used gainfully by providing consultancy services to the private sector to develop and strengthen their security network such consultancy services will be on full cost recovery basis therefore it is proposed to amend section 10 of the said act and also to insert a new section 14a to empower the force to perform such duties 3 section 8 of the central industrial security force act, 1968 prescribes penalties that can be imposed on members of the force however, some recognised penalties like compulsory retirement, withholding of increment with or without cumulative effect, withholding of promotion and censure are being included in the said section to bring it in line with the provision of the central civil services (classification, control and appeal) rules, 1965 4, section 22 of the said act empowers the central government to make rules for carrying out the purposes of the act and, in particular, clause (g) of sub-section (2) of section 22 of the said act empowers, the central government to make rules for regulating the punishments and prescribing authoritics to whom appcals shall be preferred from orders of punishment or remission of fines or other penalties, and the procedure to be followed for the disposal of such appeals in exercise of the said power, the central government has framed cisf rules, 1969 rule 49 of the said rules has been declared ultra-vires by the orissa high court in the matter of sanatan sahu vs union of india in the said case, the court observed that the act specifically confers revisional powers on the central government and these powers cannot be delegated to a subordinate authority therefore, it is proposed to suitably amend sections 9 and 22 of the central industrial security force act, 1968 for making provisions for filing of the revision petitions in disciplinary cases and for their consideration, suo moto or otherwise, by the next superior authority and to empower the central government to prescribe the procedure, time limit, competent authorities, etc for disposal of the revision petitions it is also proposed to validate all actions taken so far under the provisions of the existing rule 49 of the central industrial security force rules, 1968 5 the bill seeks to achieve the above objects new de ui; lk advani the ist december, 1999 memorandum regarding delegated legislationsub clause (i) and sub-clause (ii) of clause 9 of the bill seeks to insert clauses (gggg), clause (ggggg) and clause (hh) respectively in sub-section (2) of section 22 of the central industrial security force act, 1968 to empower the central government to make rules for the following matters, namely:— (a) prescribing authority under sub-section (2a) of section 9 of the act and the procedure to be followed by such authority in disposing of the revision petition; (b) prescribing authority under sub-section (28) of section 9 of the act, the period within which such authority may call for the records and the manner in which such authority may make inquiry; and (c) to provide for the manner in which and the fee on payment of which the technical consultancy services shall be provided under sub-section (/) of section 14a of the act 2 these are matters of detail and could hardly be provided in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the central industrial securely forct act, 1968(50 of 1968) an act to provide for the constitution and regulation of an armed torce of the union for the better protection and security of industial undertakings owned by the central government and certain other industual undertakings and the employees of all such industrial undeitakings and for matters connected therewith | | | | | ||------|------|------|------|------|definitions 2 (7) in this act: unless the context otherwise requites - | | | | | ||------|------|------|------|------|(c) 'industrial undertaking in public sector means an industtal undertaking owned, controlled or managed by— (t) a government company as defined in section 617 of the companies act, 1956, (if) a corporation established by or under a cential provincral or state act, which 1s controlled ot managed by the government | | ||--------------|-------|| constitution | of || the | force |3 (7) there shall be constituted and maintained by the central government an armed force of the union to be called the central industrial secunty force for the better protection and security of industial undeitakings owned by that government | | ||-----------|------|| dismissal | || removal, | etc |8 subject to the provisions of atucle 311 of the constitution and to such rules as the central government may make under this act any supervisory officer may— of members of (1) dismiss, remove or reduce in rank any entofled member of the force whom the force he thinks remiss or negligent in the discharge of his duty or unfit for the same, or (1) awatd any one or more of the following punishments to any enrolled member of the force who discharges his duty in a careless or neghgent manner, ot who by any act of his own renders himself unfit for the discharge thereof, namely - (a) fine to any amount not exceeding seven day's pay or reduction in pay scale, () dull, extra guard fatigue or other duty, (c) removal from any office of distinction or deprivation of any special emolument 9, (1) any enrolled member of the force aggrieved by an order made under section appeal and revision 8 may, within thirty days from the date on which the order 1s communicated to him, prefer an appeal against the order to such authority 1s may be presciibed, and subject to the provisions of sub-section (3), the decision of the said authority thereon shall be final provided that the prescribed authority may entertain the appeal alter the expiry of the said period of thity days, if 1t 15 satisfied that the appellant was prevented by sufficient cause from filing the appeal in time (3) the central government may call for and examine the record of any proceeding under section 8 or under sub-section (2) of this sectton and may make such inquiry or cause such inquiry to be made and subject to the provisions of this act, may pass such order thereon as it thinks fit '5provided that no order imposing an enhanced penalty undet sub section (2) or sub section (3) shall be made unless a reasonable opportunity of bemg heard has been given to the person affected by such order 10 it shall be the duty of every member of the force dutics ot members of the force (e) to do any other act conducive to the better protection and security of the industrial undertakings and installations referied to in clauses (b) and (¢) and the employees referted to in clause (d) power to make rules(2) in particular and without preyudice to the generality of the foregoing powers, such rules may provide for— (geg) regulating matters with respect to disposal of cases relating to offences under this act and specifying the places in which persons convicted under this act may be confined, (a) the terms and conditions subject to which members of the force may be deputed under section 14 and the charges therefor, and

Parliament_bills

24b67fcd-c60d-542d-b888-79249a872070

the marine aids to navigation bill, 2021—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii designation of general aid to navigation3 power to designate general aid to navigation chapter iii director general of aids to navigation4 appointment of director general, deputy director general and director5 duties of director general 6 central advisory committee 7 proceedings of central advisory committee not to be invalidated chapter iv management of general aids to navigation8 management of general aids to navigation 9 powers of central government relating to aids to navigation chapter v management of vessel traffic services10 management of vessel traffic services 11 powers of central government relating to vessel traffic services 12 competent authority for vessel traffic services13 standards for establishment and operation of vessel traffic services chapter vi inspection and management of local aids to navigation14 power to inspect local aids to navigation 15 control of local aids to navigation by central government 16 management of local aids to navigation by central government chapter vii obstruction to functioning of aids to navigation17 power of central government to remove or alter obstructions to aids to navigation chapter viii training and certification clauses18 power of central government to train and certify operators of aids to navigation andvessel traffic services19 certification20 accreditation of training organisations chapter ix marking of wrecks21 marking of wrecks 22 reimbursement for marking wrecks chapter x development of heritage lighthouses23 power of central government to designate any aid to navigation as heritage lighthouse chapter xi marine aids to navigation dues24 levy and collection of marine aids to navigation dues 25 utilisation of marine aids to navigation dues 26 receipts relating to marine aids to navigation dues and their verification 27 assessment of marine aids to navigation dues and ascertainment of tonnage 28 recovery of marine aids to navigation dues 29 refusal of port clearance 30 determination of disputes as to liability for payment31 marine aids to navigation dues payable at one port recoverable at another32 exemption33 refund of excess payments 34 fees chapter xii finance, account and audit35 receipt and expenditure 36 annual report chapter xiii offences and penalties37 intentionally obstructing aids to navigation or vessel traffic services 38 negligently obstructing aids to navigation or vessel traffic services 39 intentionally destroying or damaging aids to navigation or vessel traffic services 40 negligently destroying or damaging aids to navigation or vessel traffic services 41 causing damage to heritage lighthouse clauses42 evading payment of marine aids to navigation dues 43 non-compliance with directions of vessel traffic service provider 44 cognizance of offences 45 place of trial and jurisdiction of court chapter xiv miscellaneous46 power of central government to make rules 47 delegation of powers by central government 48 power of central government to issue directions 49 protection of action taken in good faith 50 power to remove difficulties 51 laying of rules and notifications before parliament 52 repeal and savings bill no 60 of 2021 the marine aids to navigation bill, 2021 a billto provide for the development, maintenance and management of aids to navigation in india; for training and certification of operator of aids to navigation, development of its historical, educational and cultural value; to ensure compliance with the obligation under the maritime treaties and international instruments to which india is a party and for matters connected therewith or incidental thereto whereas india is signatory to maritime treaties and international instruments such as international convention for the safety of life at sea, 1974, as amended; and international association of marine aids and lighthouse authorities maritime buoyage system;and whereas it is considered necessary to give effect to the said treaties and instruments which, inter alia, provide for aids to navigation, vessel traffic services and marking of wrecks;and whereas it is necessary to provide for and create a framework for the development, maintenance and management of vessel traffic services in india; training and certification of operators of aids to navigation; and the development of the historical educational and cultural value of aids to navigation;and whereas it is further necessary to create a framework for the levy and collection of marine aids to navigation dues to discharge the sovereign functions of development, maintenance and management of aids to navigation and vessel traffic services in india by government, and for matters connected therewith or incidental theretobe it enacted by parliament in the seventy-second year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the marine aids to navigation act, 20215short title, extent and commencement80 of 1976(2) it extends to the whole of india including the maritime zones of india asspecified in the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 197610(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions2 (1) in this act, unless the context otherwise requires,––15(a) "accredited training organisation" means any organisation which is accreditedby the central government under section 20;(b) "aid to navigation" means a device, system or service, external to vessels,designed and operated to enhance safe and efficient navigation of individual vessels and vessel traffic, but shall not be construed to include a reference to vessel traffic services, unless otherwise specified;20(c) "director general" means the director general of aids to navigation appointedunder section 4;(d) "district" means an area demarcated as a district for the purposes of this actunder sub-section (1) of section 4;25(e) "general aid to navigation" means any aid to navigation, which the centralgovernment may, by notification in the official gazette, declare to be a general aid tonavigation for the purposes of this act;(f) "heritage lighthouse" means an aid to navigation designated as such undersection 23;(g) "local aid to navigation" means any aid to navigation which is not a general aidto navigation;30(h) "local authority " means a state government or other person havingsuperintendence and management over a local aid to navigation;(i) "marine aids to navigation dues" means the dues levied under section 24;35(j) "notification" means a notification published in the official gazette of india and the expression "notify" with its grammatical variation and cognate expressions shall be construed accordingly;(k) "owner" means the owner of a vessel including its registered owner, a person to whom a share in the vessel belongs, bareboat charterer, manager and operator of the vessel;(l) "port" means any port as defined in the indian ports act, 1908;15 of 190840(m) "prescribed" means prescribed by rules made under this act; (n) "proper officer" in relation to any functions to be performed under this act, means the officer of customs who is assigned those functions by the central board of indirect taxes and customs constituted under the central boards of revenue54 of 1963 act, 1963, and includes any person appointed by the central government to discharge the functions of a proper officer under this act;(o) "rule" means rules made by the central government under this act;(p) "ship" includes a sailing vessel;5(q) "vessel" includes every description of water craft used or capable of beingused in the marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges, lighters, mobile offshore drilling units or mobile offshore units;10(r) "vessel traffic service" means a service implemented under this act to improvethe safety and efficiency of vessel traffic and to protect the environment44 of 1958(2) words and expressions used but not defined in this act, and defined in the merchant shipping act, 1958, shall have the same meanings respectively assigned to them in that act chapter ii designation of general aid to navigation153 the central government may, by notification in the official gazette, designate any aid to navigation to be a general aid to navigationpower to designate general aid to navigation chapter iii director general of aids to navigation4 (1) the central government shall, by notification in the official gazette, appoint,––20(a) the director general;(b) deputy director generals; and(c) directors for districtsappointment of director general, deputy director general anddirector(2) for the purposes of sub-section (1), the central government may demarcate such areas to be districts25(3) every officer appointed under sub-section (1) shall discharge his functions under the general superintendence and control of the director generalduties of director general5 the director general shall advise the central government on matters relating to aids to navigation and perform such other duties as may be prescribed by the central government under this act or in any other law for the time being in force306 (1) the central government shall, by notification in the official gazette, appoint a central advisory committeecentral advisory committee(2) the central government shall consult the central advisory committee in regard to—35(a) the establishment or position of aids to navigation or of any worksappertaining thereto; or(b) additions to or the alteration or removal of, any aid to navigation; or (c) variations to any aid to navigation or of the mode of use thereof; or (d) the cost of any proposal relating to aids to navigation; or (e) appointment of any sub-committee under sub-section (3); or40(f) the making or alteration of any rules or rates of marine aids to navigation duesunder this act(3) the central government may, if it deems necessary, appoint sub-committees for the purposes of advising it in regard to any of the matters specified under this act(4) the central advisory committee and the sub-committees referred to in sub-section (3) shall consist of such persons representing the interests affected by this act or having special knowledge of the subject matter thereof(5) the procedure and conduct of business of the central advisory committee and the sub-committees referred to in sub-section (3) shall be such as may be prescribed57 no act or proceeding of the central advisory committee shall be invalidated merely by reason of—(a) any vacancy in, or any defect in its constitution; or (b) any defect in appointment of a person acting as its member; orproceedings of central advisory committee not to be invalidated10(c) any irregularity in its procedure not affecting the merits of the case chapter iv management of general aids to navigation8 the development, maintenance and management of all general aids to navigation shall be vested in the central governmentmanagement of general aids to navigation159 (1) the central government, shall have the following powers relating to the development, maintenance and management of general aids to navigation, namely:––(a) establish and maintain aids to navigation; (b) add to, alter or remove any aid to navigation;powers of central government relating to aids to navigation(c) alter or vary any aid to navigation;20(d) authorise to inspect any aid to navigation which may affect the safety ofnavigation;(e) authorise to enter any property, whether public or private, for the purposes of inspection of any aid to navigation;(f) transport, or cause to be transported, any goods through any property, whether public or private, for any purpose in connection with––25(i) the maintenance of an aid to navigation; or (ii) the establishment of any aid to navigation;(g) acquire any land as may be necessary for the purposes of this act—| ( | i | ) to exercise its powers; or ||-----|-----|---------------------------------|| ( | ii | ) for the maintenance of works || 30 | | |(2) the central government shall, for the purposes of exercising its powers under sub-section (1), authorise any of the officers referred to in sub-section (1) of section 4, by general or special order in writing chapter v35 management of vessel traffic services10 (1) the development, maintenance and management of vessel traffic services shall be vested in the central governmentmanagement of vessel traffic services(2) for the purposes of sub-section (1), the central government may, by order, authorise any person as vessel traffic service provider4011 the central government, shall have the following powers relating to the development, maintenance and management of vessel traffic services, namely:––(a) declare and authorise vessel traffic service provider to operate a vessel traffic service within an authorised area;powers of central government relating to vessel traffic services(b) accredit and approve vessel traffic service training and certification; (c) establish and operate vessel traffic services, where it deems necessary; (d) add to or alter or require any person to add to or alter any aspect of a vesseltraffic service512 (1) the central government shall, for the purposes of exercising its powers undersection 11, appoint a competent authority for vessel traffic services by notification in the official gazettecompetent authority for vessel traffic services(2) the manner of appointment of the competent authority shall be such as may be prescribed10(3) the competent authority shall discharge such functions in such manner, as maybe prescribed13 the standards for establishing and operating vessel traffic services in india shall be such, as may be prescribedstandards for establishment and operation of vessel traffic services chapter vi inspection and management of local aids to navigation1514 (1) the central government may authorise any officer referred to in sub-section (1)of section 4 in writing, to enter upon at any time and inspect any local aid to navigation and make such inquiries in respect thereof or of the management thereof as such officer thinks fitpower to inspect local aids to navigation20(2) every person having the charge of, or concerned in the management of, any localaid to navigation shall furnish to the officer authorised under sub-section (1) to inspect such aid to navigation, all such information as the officer may require(3) every local authority shall furnish to the central government all such returns and other information in respect of the aids to navigation under its supervision and management, or of any of them, as the central government may require2515 (1) if the central government is satisfied, after an inspection under section 14 orsuch other inquiry, that a direction under this sub-section is necessary or expedient for the safety, or otherwise, in the interests of vessels, it may direct any local authority––control of local aids to navigation by central government(a) to remove or discontinue or to refrain from moving or discontinuing any aidto navigation under its superintendence and management or to make or refrain from making any variation in the character or mode of use of any such aid to navigation; or30(b) to erect, place or maintain, or to refrain from erecting, placing or maintainingany aid to navigation within the local limits within which the local authority exercises its powers35(2) a local authority shall not erect, place, remove or discontinue any aid to navigation or vary the character or mode of use of any aid to navigation, unless it has given to the central government at least one month's notice in writing of its intention so to do:provided that, in cases of emergency, a local authority may take such action as it deems necessary and shall give immediate notice of the same to the central government and, so far as is possible, to all vessels approaching or in the vicinity of such aid to navigation(3) if any local authority––40(a) fails to comply with any direction made under sub-section (1); or(b) fails to exercise or perform, or exercises or performs in an improper, inefficientor unsuitable manner, any power or duty relating to the superintendence or management of any aid to navigation conferred or imposed upon it by or under any law for the time being in force; or45(c) fails to make adequate financial provision for the performance of any such duty, the central government may, by order in writing, require such local authority to comply with the direction, or to make arrangements to the satisfaction of that government for the proper exercise of the power or performance of the duty, or to make financial provision to the satisfaction of that government for the performance of the duty, as the case may be, within such period as it may specify5(4) if the local authority fails to comply with an order made under sub-section (3)within the specified period or within such further time as the central government may allow, the central government may exercise the power or perform the duty or make the requisite financial provision, as the case may be, and the local authority shall be liable to reimburse to the central government any expenditure incurred by it in so doing1016 the central government may, at the request of a local authority, undertake the superintendence and management of any local aids to navigation on its behalf, and the local authority shall pay to the central government such sums to defray the cost of superintendence and management, as may be agreedmanagement of local aids to navigation by central government chapter vii15 obstruction to functioning of aids to navigation17 (1) the central government may, by notification in the official gazette, specify restrictions on activities that interfere with or obstruct the operation of any aid to navigation within the specified distance of such aid to navigation20power of central government to remove or alter obstructions to aids tonavigation(2) notwithstanding anything contained in any other law for the time being in force, where the functioning of any aid to navigation or vessel traffic service is being obstructed, directly or indirectly, the central government may, if it deems fit, issue such directions as may be necessary for the removal or alteration of such obstruction chapter viii25 training and certification18 (1) no person shall be allowed to operate or work on, including any ancillary activities as may be prescribed, any aid to navigation in any place unless he holds a valid training certificate certifying that such person has been trained in the operation of such aid to navigation30power of central government to train and certify operators of aids to navigation and vessel traffic services(2) no person shall be allowed to operate or work on, including any ancillary activities as may be prescribed, a vessel traffic service in any place unless he holds a valid training certificate certifying that such person has been trained in the operation of vessel traffic services| ( | 3 | ) a certificate of training issued under this act shall be valid and effective throughout ||----------------------------------------------------------------------------------------------|-------------------------------------------|---------------------------------------------------------------------------------------------|| the territory of india | | || 35 | | || certification | | || | | || 19 | a certificate mentioned in sub-sections ( | 1 || an accredited training organisation referred to in section 20, in such form, subject to such | | || conditions and in such manner, as may be prescribed | | || 40 | | || accreditation | | || of training | | || organisations | | || | | || 20 | ( | 1 || training to, or conduct assessments of, persons in the operation of aids to navigation and | | || vessel traffic services | | || ( | 2 | ) the central government shall accredit such training organisations which meet the || criteria, as may be prescribed, for imparting training to trainees or conduct assessment of | | || persons in the operation of aids to navigation and vessel traffic services | | | chapter ix marking of wrecksmarking of wrecks21 the central government may, if considers necessary, give directions to any officerreferred to in sub-section (1) of section 4 to mark any wreck in such manner as may beprescribed22 the cost for marking the wreck shall be borne by or recovered from the owner or the operator of such vessel in such manner as may be prescribedreimbursement for marking wrecks chapter x development of heritage lighthouses523 (1) the central government may, by notification in the official gazette, designate any aid to navigation under its control as a heritage lighthouse(2) the central government shall develop the heritage lighthouses designated under sub-section (1), in addition to their function as aids to navigation or otherwise, for educational, cultural and tourism purposes, in such manner as may be prescribedpower of central government to designate any aid to navigation as heritage lighthouse chapter xi10 marine aids to navigation dueslevy and collection of marine aids to navigation dues1524 (1) there shall be levied and collected the marine aids to navigation dues, at such rates, as the central government may, by notification in the official gazette, specify from time to time(2) the marine aids to navigation dues levied under sub-section (1) shall be collected by the proper officer in respect of every ship arriving at or departing from any port in india, from such person, in such manner and at such time, as may be prescribed20(3) the proceeds of the marine aids to navigation dues collected shall be credited to the consolidated fund of india in such manner as may be prescribed(4) every owner causing any ship to arrive at or depart from any port in india shall, self-assessing its liability to pay dues, file a return before the proper officer in such form and manner, as may be prescribed25 the marine aids to navigation dues levied under this act shall be utilised for fulfilling the obligations and carrying out the purposes of this actutilisation of marine aids to navigation dues2526 (1) the owner shall credit the marine aids to navigation dues into the account ofthe central government in such manner as may be prescribed(2) the payment of marine aids to navigation dues shall be verified by the proper officer in respect of––receipts relating to marine aids to navigation dues and their verification(a) the port at which the marine aids to navigation dues has been paid;30(b) the amount of the payment; (c) the date on which the marine aids to navigation dues became payable; and (d) the name, tonnage and other proper description of the ship in respect ofwhich the payment is made,for the purpose of granting clearance35assessment of marine aids to navigation dues and ascertainment of tonnage4027 (1) the proper officer to whom the return has been furnished under sub-section (4)of section 24 shall, after making or causing to be made such inquiry as he thinks fit and after satisfying himself that the particulars stated in the return are correct, by order, assess the amount of marine aids to navigation dues payable by the owner or the master of the ship(2) if the return has not been furnished to the proper officer under sub-section (4) ofsection 24, he shall, after making or causing to be made such inquiry as he thinks fit, by order, assess the amount of marine aids to navigation dues payable by the owner or the master of the ship44 of 195845(3) for the purposes of levy of marine aids to navigation dues, the tonnage of a ship or sailing vessel shall be reckoned as under the merchant shipping act, 1958, for such dues payable on a ship's tonnage including the tonnage of any space added under the said act to the tonnage of ships by reason of such space being utilised for carrying cargo(4) in order to ascertain the tonnage of any ship for the purpose of levying marine aids to navigation dues, the proper officer may, if he deems it fit, require the production of any documents, the appearance of any person and the inspection of any vessel, in such manner as may be prescribed5recovery of marine aids to navigation dues28 (1) if the owner of any ship refuses or neglects to pay the amount of marine aids tonavigation dues payable under this act in respect of the ship, the proper officer may seize the ship along with its equipment or any part thereof, and detain the same until the amount of the marine aids to navigation dues, together with the costs of the seizure and detention is paid10(2) if any part of such marine aids to navigation dues remains unpaid after the expiry ofthirty days following the date of the seizure, the proper officer may cause the ship or other thing seized to be sold, and with the proceeds of the sale may satisfy the marine aids to navigation dues remaining unpaid, together with the costs of the sale and shall repay the surplus, if any, to the person by whom the same were payablerefusal of port clearance1529 the officer whose duty it is to grant a port clearance for any ship shall not grant theport clearance until the amount of marine aids to navigation dues payable in respect of the ship under this act and of any fines imposed thereunder has been paid, or until security for the payment thereof has been given to his satisfactiondetermination of disputes as to liability for payment2030 if any dispute arises as to whether marine aids to navigation dues, expenses orcosts are payable in respect of any ship under this act or as to the amount of such dues, expenses or costs, such dispute shall, on an application made in this behalf by either of the disputing parties, be heard and determined by a civil court having jurisdiction at the place where the dispute arose25marine aids to navigation dues payable at one port recoverable at another31 (1) if the master of any ship in respect of which marine aids to navigation dues ispayable at any port causes the ship to leave such port without having paid such dues, the proper officer at that port may, by writing, require the proper officer at any other port in india to which the ship may proceed, to recover the marine aids to navigation dues remaining unpaid30(2) any proper officer to whom such a requisition is directed, shall proceed to levysuch sum as if it were payable under this act at the port at which he is the proper officer, and a certificate by the proper officer at the port at which the marine aids to navigation dues first became payable, stating the amount payable, shall be sufficient proof in any proceeding under this act that such amount is payableexemption32 the central government may, by notification in the official gazette, exempt—(a) any ship belonging to the central government or any state government,which is not carrying cargo or passengers for freight or fares; or(b) any other ship, or classes of ships or ships performing specified voyages,35from the payment of marine aids to navigation dues either wholly or to such extent as may be specified in that notificationrefund of excesspayments33 where the marine aids to navigation dues has been paid in respect of any ship inexcess of the amount payable under this act, no claim to refund of such excess payment shall be admissible, unless it is made within six months from the date of such payment40fees34 the fees to be charged for providing assistance to ships for rendering specialservices to vessels shall be at such rates as may be prescribed chapter xii finance, accounts and audit45receipt and expenditure35 the central government shall cause to be maintained a separate account of allamounts received by way of marine aids to navigation dues, expenses, costs and fines under this act and of all expenditure incurred for the purposes of this act, and shall cause such account to be laid before the central advisory committee, as soon as possible after the close of each financial year50annual report36 (1) the central government shall cause to be laid before the central advisorycommittee before the close of each financial year a statement of the estimated receipts under,and expenditure for the purposes of this act, during the forthcoming year(2) the statement of estimated receipts and expenditure shall be prepared in consultation with the comptroller and auditor-general of india, in such manner as may be prescribed chapter xiii 5 offences and penalties37 (1) whoever, intentionally commits any act or omits to do any act, which results in obstruction of, or reduction in, or limitation of, the effectiveness of, any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to six months or with fine which may extend up to one lakh rupees, or with bothintentionally obstructing aids to navigation or vessel traffic services10(2) notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that––(a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the obstruction, reduction or limitation1538 (1) whoever, negligently commits any act or omits to do any act, which results inobstruction of, or reduction in, or limitation of, the effectiveness of, any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to three months or with fine which may extend up to fifty thousand rupees, or with bothnegligently obstructing aids to navigation or vessel traffic services(2) notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that––20(a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the obstruction, reduction or limitation2539 (1) whoever, intentionally commits any act or omits to do any act, which results indamage to or destruction of any aid to navigation or vessel traffic services, shall be liable to imprisonment for a term which may extend up to twelve months or with fine which may extend up to five lakh rupees, or with bothintentionally destroying or damaging aids to navigation or vessel traffic services(2) notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that––30(a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the damage or destruction3540 (1) whoever, negligently commits any act or omits to do any act, which results indamage to or destruction of any aid to navigation or vessel traffic services, shall be liable to imprisonment for a term which may extend up to six months or with fine which may extend up to one lakh rupees, or with bothnegligently destroying or damaging aids to navigation or vessel traffic services(2) notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that––| ( | a | ) act or omission was necessary to save a life or a vessel; and ||----------------------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------|| ( | b | ) such person took all reasonable steps to avoid the damage or destruction || 40 | | || 41 | ( | 1 || destruction of any heritage lighthouse, shall be liable to imprisonment for a term which may | | || extend up to six months or with fine which may extend up to one lakh rupees, or with both | | || causing | | || damage to | | || heritage | | || lighthouse | | |(2) notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that––45(a) act or omission was necessary to save a life or a vessel; and(b) such person took all reasonable steps to avoid the destruction, fouling,damage, reduction or limitation42 every owner or master of a ship, who evades or attempts to evade the payment of marine aids to navigation dues, expenses or costs payable in respect of the ship under this act, shall be liable for fine, which may extend up to five times the amount of the sum so payableevading payment of marine aids to navigation dues543 every owner or master of a ship, who fails to comply with any direction issued by a vessel traffic service provider relating to a vessel traffic service under this act, shall be liable to fine which may extend up to one lakh rupeesnoncompliance with directions of vessel traffic service providercognizance of offences44 (1) no court shall take cognizance of any offence under this act, except upon acomplaint in writing made by any officer authorised in this behalf by the central government10(2) no court inferior to that of a metropolitan magistrate or a judicial magistrate of thefirst class shall try any offence under this act45 whoever commits any offence under this act or any rules made thereunder, may ordinarily be inquired into and tried by a court within whose local jurisdiction––place of trial and jurisdiction of court(a) such offence was committed; or15(b) such person may be found; or (c) in any court which the central government may, by notification, direct in thisbehalf; or20(d) in any court in which he might be tried under any other law for time being inforcechapter xiv miscellaneous46 (1) the central government may, after previous publication, make rules for carrying out the purposes of this actpower of central government to make rules(2) in particular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:––25(a) duties of the director general under section 5; (b) procedure and conduct of business of central advisory committee andsub-committees constituted under sub-section (5) of section 6;(c) manner of appointment of the competent authority under sub-section (2)and its functions under sub-section (3), of section 12;30(d) standards for establishment and operation of vessel traffic services undersection 13;35(e) ancillary activities relating to aids to navigation under sub-section (1)and ancillary activities relating to vessel traffic services under sub-section (2), of section 18;(f) form and manner of certificate, to be issued and the conditions subject towhich such certificate is to be issued by the accredited training organisation and validated by the director general under section 19;40(g) criteria for accreditation of training organisation under sub-section (2) ofsection 20;(h) manner of marking wrecks under section 21; (i) manner of recovering cost from the owner of the vessel for marking the wreckunder section 22;(j) development of heritage lighthouses designated under sub-section (2) ofsection 23;5(k) manner of, collection of marine aids to navigation dues by proper officerlevied under sub-section (2) and crediting the proceeds of the dues so collected undersub-section (3), of section 24;(l) form and manner of filing return under sub-section (4) of section 24; (m) manner of payment of marine aids to navigation dues to the centralgovernment under sub-section (1) of section 26;(n) manner of production of documents, appearance of any person and inspectionof any vessel by proper officer under sub-section (4) of section 27;10(o) rates of fees for special services under section 34; (p) form and manner of statement of estimated receipts and expenditure to beprepared in consultation with the comptroller and auditor-general of india under sub-section (2) of section 36;15(q) any other matter which is required to be, or may be, prescribed, for thepurposes of carrying out the purposes of this act 47 the central government may delegate to any of its officers all or any of thefunctions and powers conferred upon it under this actdelegation of powers by central government2048 (1) notwithstanding anything contained in this act, the director general shall, in thedischarge of his functions and duties under this act, be bound by such directions on questions of policy as the central government may give to him in writing from time to timepower of central government to issue directions25protection of action taken in good faith(2) the decision of the central government whether a question is one of policy or not shall be final49 no suit, prosecution or other proceedings shall lie against the central government or any officer appointed under this act for anything done or in good faith purporting to be done under this act or the rules made thereunderpower to remove difficulties3050 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions notinconsistent with the provisions of this act as may appear to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of threeyears from the commencement of this act35laying of rules and notifications before parliament40(2) every order made under this section shall be laid, as soon as may be after it is made,before each house of parliament51 every rule made and every notification issued under this act shall be laid, as soonas may be after it is made or issued, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in such rule, or notification or both houses agree that the rule, should not be made or the notification should not be issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification17 of 192745repeal and savings17 of 192752 (1) the lighthouse act, 1927 is hereby repealed (2) notwithstanding the repeal of the lighthouse act, 1927 (herein referred to as therepealed act),––50(a) any notification, rule, regulation, bye-law, order or exemption issued, made orgranted under the repealed act shall, until revoked, have effect as if it had been issued, made or granted under the provisions of this act;(b) any office established or created, officer appointed and anybody elected or constituted under the repealed act shall continue and shall be deemed to have been established, created, appointed, elected, or constituted, as the case may be, under this act;5(c) any document referring to the repealed act shall be construed as referring tothis act or to the provision of this act;(d) any fine levied under the repealed act may be recovered as if it had beenlevied under this act;10(e) any offence committed under the repealed act may be prosecuted andpunished as if it had been committed under this act;(f) any proceeding pending before any court under the repealed act may be triedor disposed of under the corresponding provisions of this act;15(g) the officers appointed under the provisions of the repealed act and continuingduring the commencement of this act shall continue as if they have been appointed under this act;(h) any person appointed under or by virtue of the repealed act shall be deemedto have been appointed to that office under or by virtue of this act;20(i) any inspection, investigation or inquiry ordered to be done under the provisions of the repealed act shall continue to be proceeded with as if such inspection, investigation or inquiry was ordered to be done under the corresponding provisions of this act statement of objects and reasonsthe lighthouse act, 1927 (the said act) was enacted to consolidate and amend the law relating to the provision, maintenance and control of lighthouse by the government in india prior to the year 1927, there was no uniform system of management of lighthouse services in british india which included myanmar, pakistan, bangladesh and also various princely states as a first step to centralise the administration of lighthouses, the government decided to enact the said act to administer thirty-two lighthouses in the then six districts, namely aden, karachi, bombay, madras, calcutta and rangoon2 over the period of time, maritime sector has undergone massive change and there have been enormous technological development in the field of marine aids to navigation such as vessel traffic services and diversification of aids to navigation to include technical aids other than lighthouses and lightships since, the role of marine aids to navigation has moved from a purely passive one based on "visual aids to navigation" to "radio and digital based aids to navigation", the roles of the government and the director general appointed under section 3 of the said act have considerably widened however, lack of statutory framework for such technological advancement has resulted in operational difficulties3 therefore, in order to provide appropriate statutory framework to reflect the technological advancement in marine aids to navigation and the expanded role of regulators and operators thereof so as to be in compliance with the obligation under the maritime treaties and international instruments to which india is a party, the government has decided to make the proposed legislation by repealing the said act4 the marine aids to navigation bill, 2021, inter alia, provides for the following, namely:—(a) to use the term "marine aids to navigation" instead of "lighthouse" in order to statutorily recognise and enable further use of modern forms of aids to navigation;(b) renaming of the existing director general of lighthouse and lightships as the director general of marine aids to navigation;(c) to provide a framework for establishment, operation and management of aids to navigation;(d) to provide a framework for establishment, operation and management of vessel traffic services;(e) to empower the central government to appoint by notification, the director general of marine aids to navigation and a competent authority for vessel traffic services;(f) to empower the central government to provide by the rules the standards of regulation and operation of vessel traffic services;(g) to provide for training and certification for operators of marine aids to navigation and vessel traffic services;(h) to provide for marking of wrecks; (i) to empower the central government for identification and development of heritage lighthouses;(j) to provide for levy of marine aids to navigation dues in the place of the existing light-dues, levied on all vessels entering into or departing from a port in india;(k) to provide for offences and penalties for obstruction and damage to marine aids to navigation or vessel traffic services;(l) to empower the central government to make rules for carrying out the purposes of the proposed legislation 5 the notes on clauses explain in detail the various provisions contained in the bill 6 the bill seeks to achieve the above objectivesnew delhi;mansukh mandaviyathe 4th march, 2021———— president's recommendation under article 117 of the constitution of india ————[letter no lh-11012/1/2019-sl dated 10 march, 2021 from shri mansukh mandaviya, minister of state for ports, shipping and waterways (independent charge) and chemicals & fertilizers to the speaker, lok sabha]the president, having been informed of the subject matter of the proposed bill, recommends under clause 1 of article 117 of the constitution of india, the introduction of the marine aids to navigation bill, 2021 in lok sabha notes on clausesclause 2 of the bill seeks to define various expressions used in the proposed legislation, which, inter alia, include "accredited training organisation", "aid to navigation", "director general", "general aid to navigation", "heritage lighthouse", "local aid to navigation", "marine aids to navigation dues", etcclause 3 of the bill seeks to empower the central government to designate any aids to navigation as general aids to navigationclause 4 of the bill seeks to provide for the appointment of the director general of aids to navigation, deputy director generals and directors it further provides for the demarcation of districtsclause 5 of the bill seeks to empower the central government to specify the duties to be carried out by the director generalclause 6 of the bill seeks to empower the central government to appoint a central advisory committee and to provide for its functions and appointment of sub-committees under the central advisory committeeclause 7 of the bill seeks to provide that no act or proceeding of the central advisory committee may be invalidated due to the reasons specified thereinclause 8 of the bill seeks to provide that the development, maintenance and management of general aids to navigation in india shall vest with the central governmentclause 9 of the bill seeks to provide for the powers of central government with regard to aids to navigationclause 10 of the bill seeks to provide that the authority for development, maintenance and management of vessel traffic services in india shall vest with the central government and further to provide that the said government shall authorise any person as vessel traffic service providerclause 11 of the bill seeks to provide the powers of the central government in respect of vessel traffic servicesclause 12 of the bill seeks to empower the central government to appoint a competent authority for vessel traffic services and to provide by rules the functions to be discharged by itclause 13 of the bill seeks to empower the central government to make rules for standards of establishment and operation of vessel traffic services in indiaclause 14 of the bill seeks to empower the central government to authorise any officer to enter upon and inspect any local aids to navigation as specified therein every person having the charge of, or concerned in the management of, any local aid to navigation shall furnish to the officer so authorised to inspect such aid to navigation, all such information as the officer may requireclause 15 of the bill seeks to empower the central government to direct local authorities in the management of local aids to navigation and the circumstances in which such power may be exercised so as to have control of local aids to navigationclause 16 of the bill seeks to empower the central government to undertake the superintendence and management of a local aid to navigation at the request of a local authorityclause 17 of the bill seeks to empower the central government to issue directions to remove or alter obstructions to the functioning of aids to navigationclause 18 of the bill seeks to provide that marine aids to navigation and vessel traffic services are to be operated and maintained by trained personnel holding a valid certificate which shall be valid and effective throughout the territory of indiaclause 19 of the bill seeks to provide that the certificate issued under clause 18 by an accredited training organisation shall be in such form and manner as the central government may provide by rulesclause 20 of the bill seeks to empower the central government for the accreditation of training organisations in order to enable the creation of trained operators for the operation and maintenance of aids to navigation, vessel traffic services and other ancillary functionsclause 21 of the bill seeks to provide for the statutory recognition of existing responsibilities with regard to marking of wrecksclause 22 of the bill seeks to provide that the cost for marking of wrecks shall be borne by the owner or the operator of such vessel in the manner as may be provided by rulesclause 23 of the bill seeks to empower the central government to designate and develop lighthouses having historical value as heritage lighthouses for educational, cultural and tourism purposes in addition to their role as marine aids to navigationclause 24 of the bill seeks to provide for the levy and collection of marine aids to navigation dues upon any ship arriving at or departing from any port in indiaclause 25 of the bill seeks to provide for utilisation of marine aids to navigation dues for fulfilling the obligations and purposes of the proposed legislationclause 26 of the bill seeks to empower the central government to provide by rules the manner of collecting the payment of marine aids to navigation dues and its verification by the proper officerclause 27 of the bill seeks to provide for the manner of assessment of the marine aids to navigation dues and ascertainment of tonnage of vesselclause 28 of the bill seeks to provide for the manner in which any outstanding marine aids to navigation dues may be recoveredclause 29 of the bill seeks to provide for the refusal of port clearance to any ship in the event of non-payment of the marine aids to navigation duesclause 30 of the bill seeks to provide for the manner in which disputes relating to the payment of marine aids to navigation dues are to be heard and determinedclause 31 of the bill seeks to provide that the marine aids to navigation dues payable at one port may be recovered at another port and also provides for the manner in which the same may be recoveredclause 32 of the bill seeks to empower the central government to exempt any ship or class of ships from the payment of the marine aids to navigation duesclause 33 of the bill seeks to provide for refund of excess amount paid in respect of the marine aids to navigation duesclause 34 of the bill seeks to empower the central government to provide by rules the rates of fees to be charged for special services rendered to shipsclause 35 of the bill seeks to provide that the central government shall maintain separate account for marine aids to navigation dues for proper accounts and furnish returns, statements, etc, to the central advisory committeeclause 36 of the bill seeks to provide that the central government shall cause an annual report of receipts and expenditure to be laid before the central advisory committeeclause 37 of the bill seeks to provide that intentionally obstructing an aid to navigation or a vessel traffic service would constitute an offence and shall be punishable as specified thereinclause 38 of the bill seeks to provide that negligently obstructing an aid to navigation or a vessel traffic service would constitute an offence and shall be punishable as specified thereinclause 39 of the bill seeks to provide that intentionally destroying or damaging an aid to navigation or a vessel traffic service would constitute an offence and shall be punishable as specified thereinclause 40 of the bill seeks to provide that negligently destroying or damaging an aid to navigation or a vessel traffic service would constitute an offence and shall be punishable as specified thereinclause 41 of the bill seeks to provide that causing damage to a heritage lighthouse would constitute an offence and shall be punishable as specified thereinclause 42 of the bill seeks to provide penalty for evading marine aids to navigation duesclause 43 of the bill seeks to provide penalty for non-compliance of directions of vessel traffic service providerclause 44 of the bill seeks to provide for the manner in which cognizance of offences committed under the proposed legislation may be takenclause 45 of the bill seeks to provide for the place of trial and appropriate court for trial of offences committed under the proposed legislationclause 46 of the bill seeks to empower the central government to make rules to carry out the purposes of the proposed legislationclause 47 of the bill seeks to empower the central government to delegate to its officers any power or function conferred upon it by the proposed legislationclause 48 of the bill seeks to empower the central government to issue directions to the director general on all matters of policy, which shall be finalclause 49 of the bill seeks to protect the actions, of the central government, the director general or any other officer or employee thereof, done under this act in good faithclause 50 of the bill seeks to provide that if any difficulty arises in giving effect to the provisions of the proposed legislation within a period of three years from the date of its commencement, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of the proposed legislation, as appears to it to be necessary or expedient for removing the difficultyclause 51 of the bill seeks to provide for laying of every rule, regulation and notification made under the proposed legislation, as soon as may be after it is made, before each house of parliamentclause 52 of the bill seeks to provide for the repeal of the lighthouse act, 1927 and saving of certain actions taken under the said act financial memorandumclause 6 of the bill requires the consultation of central advisory committee for alteration of rates of marine aids to navigation dues2 clause 24 of the bill empowers the central government for the levy and collection of marine aids to navigation dues and credit the sum so collected into the consolidated fund of india3 clause 25 of the bill empowers the central government to utilise the marine aids to navigation dues for fulfilling obligations and purposes of the bill4 clause 32 of the bill empowers the central government to exempt any ship from the payment of marine aids to navigation dues5 clause 33 of the bill empowers the central government to refund the excess amount paid in respect of the marine aids to navigation dues6 clause 34 of the bill empowers the central government to provide by rules the rates for charging of fees for services rendered to ships7 in line with existing practice of light dues, the marine aids to navigation dues will also be credited into the consolidated fund of india under a separate head of account the annual expenditure on fulfilling the obligation and purpose of this bill will be equivalent of the annual collection of marine aids to navigation dues and met out through the budgetary allocation of the ministry of ports, shipping and waterways8 the bill, if enacted, will not involve any additional expenditure from the consolidated fund of india, either recurring or non-recurring memorandum regarding delegated legislationclause 46 of the marine aids to navigation bill, 2021 seeks to empower the central government to make rules for: (a) duties of the director general under section 5; (b) procedure and conduct of business of central advisory committee and sub-committees constituted under sub-section (5) of section 6; (c) manner of appointment of the competent authority under sub-section (2) and its functions under sub-section (3), of section 12; (d) standards for establishment and operation of vessel traffic services under section 13; (e) ancillary activities relating to aids to navigation under sub-section (1) and ancillary activities relating to vessel traffic services under sub-section (2), of section 18; (f) form and manner of certificate, to be issued and the conditions subject to which such certificate is to be issued by the accredited training organisation and validated by the director general under section 19; (g) criteria for accreditation of training organisation under sub-section (2) of section 20; (h) manner of marking wrecks under section 21; (i) manner of recovering cost from the owner of the vessel for marking the wreck under section 22; (j) development of heritage lighthouses designated under sub-section (2) of section 23; (k) manner of collection of marine aids to navigation dues by proper officer levied under sub-section (2) and crediting the proceeds of the dues so collected under sub-section (3) of section 24; (l) form and manner of filing return under sub-section (4) of section 24; (m) manner of payment of marine aids to navigation dues to the central government under sub-section (1) of section 26; (n) manner of production of documents, appearance of any person and inspection of any vessel by proper officer under sub-section (4) of section 27; (o) rates of fees for special services under section 34; (p) form and manner of statement of estimated receipts and expenditure to be prepared in consultation with the comptroller and auditor-general of india under sub-section (2) of section 36; (q) any other matter which is required to be, or may be, provided by rules, for carrying out the purposes of the proposed legislation2 the matters in respect of which the aforementioned rules may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is therefore, of a normal character———— a billto provide for the development, maintenance and management of aids to navigation in india;for training and certification of operator of aids to navigation, development of its historical, educational and cultural value; to ensure compliance with the obligation under the maritime treaties and international instruments to which india is a party and for matters connected therewith or incidental thereto————(shri mansukh mandaviya, minister of state (independent charge) for ports, shipping and waterways)

Parliament_bills

74891983-64a2-5867-89f0-4357d089b474

annexure extract from the constitution (scheduled castes) orper, 1950co 19 3 notwithstanding anything contained in paragraph 2, no person who professes a religion different from the hindu or the sikh religion shall be deemed to be a member of a scheduled castes part iii—bihar1 bantar 11 dusadh, dhari, dharhi 2 bauri 12, ghasi 3 bhogta 13 halalkhor 4 bhuiya 14 hari, mehtar, bhangi 5 bhumij (excluding north 15, kanjar chotanagpur and south 16, kurariar chotanagpur divisions and 17 lalbegi santal parganas district) 18 musahar 6 chamar, mochi 19 nat 7 chaupal 20 pan, sawasi 8 dobgar 21 pasi 9, dhobi 22, rajwar 10 dom, dhangad 23 turi

Parliament_bills

7b7da483-9121-5d67-a7ec-79edb151ebe8

bill no xviii of 2010 the constitution (amendment) bill, 2010 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-first year of the republic of india as follows:— 1 (1) this act may be called the constitution (amendment) act, 2010short title and commencement(2) it shall come into force at once52 after article 371i of the constitution, the following article shall be inserted, namely:—''371j (1) parliament may, by law, declare the state of uttrakhand, to be a special category state for the purpose of overall development of the stateinsertion of new article371jspecial status to the state of uttrakhand(2) law made by parliament under clause (1) shall—(a) provide for special financial assistance to the state of uttrakhand to meet the costs of such schemes of development, as may be undertaken by the state with the approval of government of india for the purpose of promoting the welfare of people of the state, particularly those belonging to economically weaker sections and for proper utilisation and exploitation of the resources of the state, and5(b) provide for funds from pool of non-lapsable funds, originally created for the north-eastern states to the state of uttrakhand with such transfer of additional funds to the pool as may be specified by government of india for speedy development of projects and schemes undertaken in the states by the central and state governments" statement of objects and reasonsuttrakhand had been part of the state of uttar pradesh and the region, prior to becoming an independent state had been economically and socially backward keeping this in view, the state has been granted the status of special category state, though no legislative measure has been initiated to this effectnotwithstanding special category status conferred on the state, uttrakhand still continues to be economically backward state in many respects problems poverty, unemployment and illiteracy in the state need to be addressed on priority basis due to hilly state, many parts or regions of the state lie in strategic zones where infrastructural development at faster pace is the need of the hour still, many people living in remote areas are to be brought in the mainstream of development the state government has launched many ambitious schemes and projects for promotion of welfare of the people of the state, particularly those belonging to economically backward section these projects and schemes entail huge fundingthe north-eastern states enjoy the benefit of non-lapsable central pool of resources for funding specific infrastructural projects and programmes for economic and social upliftment of these states this pool has been created by transferring the difference of the allocation earmarked for north-eastern states by all the central ministries/departments and the actual expenditure incurred on the region uttrakhand, which also has the similar features, needs the same kind of financial assistance for its overall/allround developmentit is, therefore, felt that suitable provisions should be incorporated in the constitution to enable parliament to make law for providing legislative backing to the special category status given to the state of uttrakhand and provide special financial assistance and extension of the central pool of non-lapsable funds to the state on the pattern of the north-eastern stateshence this billbhagat singh koshiyari financial memorandumclause 2 of the bill provides special financial assistance to the state of uttrakhand to meet the cost of such schemes of development undertaken by the state with the approval of the government of india the bill, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give the estimates of recurring expenditure, which would be involved out of the consolidated fund of indiano non-recurring expenditure is likely to be incurred from the consolidated fund of india annexureextracts from the constitution of india 371-i special provision with respect to the state of goa— notwithstanding anything in the constitution, the legislative assembly of the state of goa shall consist of not less than thirty members rajya sabha———— a billfurther to amend the constitution of india————(shri bhagat singh koshiyari, mp)gmgipmrnd—2360rs(s5)—03-05-2010

Parliament_bills

b30445e0-eac4-5a95-8011-024d083bbf13

financial memorandumclause 2 of the bill provides for the establishment of an independent planning commission consisting of a chief planning commissioner and two other planning commissioners it also provides for the establishment of a planning commission secretariat consisting of such officers and staff as may be required already a planning commission consisting of members and other officers is in existence, therefore, no expenditure will be involved from the consolidated fund of india in respect of the proposed planning commission however, additional expenditure may be involved from the consolidated fund of india in tespect of salary etc to be paid to some more officers who may have to be appointed for efficient discharge of the functions of the planning commission, some more office accommodation, furniture etc may also have to be provided for this purpose, it is estimated that an annual recurring expenditure of about rs 10 crore is likely to be involved from the consolidated fund of india a non-recurring expenditure of about tupees 3 crore is also likely to be involved

Parliament_bills

f7ce692a-52b4-5a75-a63d-9fc526750f8b

the bundelkhand regiment bill, 2017 byshri kunwar pushpendra singh chandel, mp—————— arrangement of clauses—————— clauses1 short title, extent and commencement 2 definitions 3 constitution of the bundelkhand regiment 4 direction and control of the regiment 5 enrolment 6 liability for service outside india 7 resignation and withdrawal from the post 8 tenure of service 9 termination of service by central government10 certificate of termination of service 11 dismissal, removal or reduction by the director general and by other officer 12 mutiny 13 absence without leave 14 misbehaviour with a senior officer15 extortion and corruption 16 false accusations 17 disobedience to senior officer 18 offence relating to security regiment court 19 punishment awardable by security regiment courts 20 minor punishment 21 punishment to persons of and below the rank subordinate officer by deputy inspectorgeneral and others22 collective fines 23 central government to provide funds 24 power to give direction 25 power to make rules bill no 235 of 2017 the bundelkhand regiment bill, 2017 by shri kunwar pushpendra singh chandel, mp a billto provide for the constitution and regulation of a new army regiment to be known as the bundelkhand regiment for safeguarding the borders of the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the bundelkhand regiment act, 2017short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "battalion" means the unit of the regiment constituted as a battalion by the central government;5(b) "commandant" when used in any provision of this act, with respect to any unit of the regiment means the officer whose duty is under the rules of discharge with respect to that unit, the functions of a commandant in regard to the matters of the description referred to in that provision;(c) "criminal court" means a court of ordinary criminal justice in any part of india;10(d) "deputy-inspector general" means a deputy inspector general of the regiment appointed under section 4;(e) "director general" means the director-general of the regiment appointed under section 4;(f) "government" means the central government;15(g) "inspector-general" means the inspector-general of the regiment appointed under section 4;(h) "notification" means notification published in the official gazette; (i) "offence" means any act or omission punishable under this act and includes a civil offence;20(j) "officer" means a person appointed or in pay as an officer of the regiment but does not include a subordinate officer or an under officer;(k) "prescribed" means prescribed by rules made under this act; (l) "regiment" means bundelkhand regiment constituted under section 3;25(m) "regiment custody" means the arrest or confinement of a member of the regiment according to rules;(n) "rule" means a rule made under this act; (o) "superior officer" when used in relation to a person subject to this act, means,—30(i) any member of the regiment to whose command such person is for the time being, subject in accordance with the rules; and(ii) any officer of higher rank or class or of a higher grade in the same class;and includes when such person is not an officer, a subordinate officer or an under officer of higher rank, class or grade;35(p) "subordinate officer" means a person appointed or in pay as subedar-major, as a sub-inspector of the regiment; and(q) "under-officer" means a head constable, naik and lance naik of the regiment3 (1) there shall be an armed regiment of the union called the bundelkhand regiment to ensure the security of the countryconstitution of the bundelkhand regiment40(2) subject to the provisions of this act, the regiment shall be constituted in suchmanner as may be prescribed and the conditions of service of the members of the regiment shall be such as may be prescribeddirection and control of the regiment454 (1) the general superintendence, direction and control of the regiment shall vestin and be exercised by the central government and subject thereto and to the provisions of this act and rules made thereunder the command and superintendence of the regimentshall vest in an officer to be appointed by the central government as the director-general of the regiment5(2) the director-general shall, in the discharge of his duties under this act, be assisted by such member of the rank of inspector general, deputy inspector general, commandants and other officers as may be prescribedenrolment5 (1) the person to be enrolled to the regiment, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed10(2) notwithstanding anything contained in this act and the rules made thereunder, every person who has, for a continuous period of three months been in receipt of pay as a person enrolled under this act and borne on the rolls of the regiment shall be deemed to have been duly enrolled6 every member of the regiment shall be liable to serve in any part of india as well as outside india as and when required by the government during his term of engagementliability forservice outside india7 no member of the regiment shall be at liberty,—(a) to resign his appointment during the term of his engagement; or15resignation and withdrawal from the post(b) to withdraw himself from all or any of the duties of his appointment,except with the prior permission in writing of the prescribed authority8 every person subject to this act shall hold office during the pleasure of the presidenttenure of service9 subject to the provisions of this act and rules, the central government may dismiss or remove any person from service20termination of service by central government certificate of termination of service10 a subordinate officer, or an under-officer or other enrolled person who is retired, discharged, released, removed or dismissed from service shall be presented by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in hindi or english language setting forth—25(a) the authority terminating his service; (b) the cause for such termination; and(c) the full period of his service in the regiment3011 (1) the director general or any inspector general may dismiss or remove from the service or reduce to a lower grade or rank or ranks any person subject to this act other than an officerdismissal, removal or reduction by the director general and by other officer(2) an officer not below the rank of deputy inspector general or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or subordinate officer of such rank or ranks as may be prescribed35(3) any officer not below the rank of deputy inspector general or any prescribed officer may reduce to a lower grade or rank or ranks any person under his command except an officer or a subordinate officer(4) the exercise of any lower under this section shall be subject to the provisions of this act and the rulesmutiny4012 any person subject to this act who commits any of the following offences, that is to say:—(a) begins, incites, causes or conspires with any other person to cause any mutiny in the regiment or in the army, naval or air forces of india or any forces co-operating therewith; or(b) joins in any such mutiny: or (c) being present at any such mutiny, does not use his utmost endeavor tosuppress the same; or5(d) knowing or having reason to believe in the existence of any such mutiny orof any intention to mutiny or of any such conspiracy, does not without delay, give information thereof to his commandant or other superior officer; or(e) endeavours to seduce any person in the regiment or in the army, naval orair forces of india or any forces co-operating therewith from his duty or allegiance to the union,10shall, on conviction by a security regiment court, be liable to suffer death or such less punishment as is mentioned in this actabsence without leave13 any person subject to this act who commits any of the following offences, that isto say—(a) absents himself without leave; or15(b) without sufficient cause overstays leave granted to him; or (c) without sufficient cause fails to appear at the time appointed at the parade orplace fixed for exercise or duty; or(d) when on parade, or on the line of march without sufficient cause or withoutleave from his senior officer, quits the parade or line of march; or20(e) without leave from his senior officer or without due cause, absents himselffrom any school when duly ordered to attend there,shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend upto five years25misbehaviour with a senior officer14 any officer, subordinate officer or under officer applies criminal force on a personthat holds such a post as is under this act or misbehaves with him, shall on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend upto ten yearsextortion and corruption15 any person subject to this act who commits any of the following offences that isto say:—30(a) commits extortion; or (b) without proper authority exacts from any person money, provisions or service,shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend upto ten years35false accusations16 any person subject to this act who commits any of the following offences, that isto say—(a) make a false accusation against any person subject to this act, knowing orhaving reason to believe such accusation to be false; or40(b) in lodging a complaint against any person subject to this act makes anystatement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and willfully suppresses any material facts,shall, on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend upto three years or such less punishment as is in this act mentioneddisobedience to senior officer4517 any person subject to this act who disobeys in such manner as to show a willful defiance of authority any lawful command given personally by his senior officer in the execution of his office whether the same is given orally or in writing or by signal or shall on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend upto twenty years or such less punishment as is provided in this act18 any person subject to this act who commits any of the following offences, that is to say—5offence relating to security regiment court(a) being duly summoned or ordered to attend as a witness before a securityregiment court, willfully or without reasonable excuse makes default in attendance; or(b) refuses to take an oath or make an affirmation legally required by a securityregiment court to be taken or made; or(c) refuses to provide or deliver any document in his power or control legallyrequired by a security regiment court to be produced or delivered by him; or10(d) refuses when a witness to answer any question which is by law bound toanswer; or15(e) is guilty of contempt of the security regiment court by using insulting orthreatening language or by causing any interruption of disturbance in the proceedings of such court,shall on conviction by a security regiment court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as mentioned in this act2019 (1) punishment may be inflicted in respect of offences committed by persons subject to this act and convicted by security regiment courts according to the scale following, that is to say—punishment awardable by security regiment courts(a) death; or (b) imprisonment which may be for the term of life of any other lesser term but excluding imprisonment for a term not exceeding three months in regiment custody; or(c) dismissal from service; or25(d) imprisonment for a term not exceeding three months in regiment custody; or (e) reduction to the ranks or to a lower rank or grade or place in this list of their rank in the case of under-officer: or(f) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion: or30(g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; or(h) fine in respect of civil offences; or (i) severe reprimand or reprimand except in the case of persons below the rank of an under-officer; or35(j) forfeiture of pay and allowances for a period not exceeding three months for an offence committed in active duty; or(k) forfeiture in case of person sentenced to dismissal from service of all the arrears of pay and allowances and other public money due to him at the time to such dismissal; and40(l) stoppage of pay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good (2) each of the punishment specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scaleminor punishment520 a commandant or such officer as is with the consent of the central government,specified by the director-general may, in the prescribed manner, proceed against a person subject to this act, otherwise that as an officer or a subordinate officer who is charged with an offence under this act and award such person to the extent prescribed, one or more of the following punishment, that is to say—(a) imprisonment in regiment custody upto twenty-eight days; or (b) detention upto twenty-eight days; or (c) confinement to the lines upto twenty-eight days; or (d) extra guards or duties; or10(e) deprivation of any special position or special employments or any actingrank or reduction to a lower grade of pay; or(f) forfeiture of good service and good conduct pay; or (g) severe reprimand or reprimand; or (h) fine upto fourteen days pay in any one month; and15(i) deduction from his pay of any sum required to make good such compensationfor any expense, loss, damage, or destruction caused by him to the central government or to any building or property as may be awarded by his commandant2021 (1) an officer who is not below the rank of deputy inspector general or any otherofficer specified by the director general with the consent of the central government shall initiate proceedings against any subordinate officer or one of the rank of subordinate officer who is the accused of any crime under this act, in the prescribed manner and shall award one or more punishment of the following punishments, that is to say—punishment to persons of and below the rank subordinate officer by deputy inspector general and others25(a) forfeiture of seniority or in the case of any of them whose promotion dependsupon the length of service forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused person to the award to select to be trial by a security regiment court;(b) severe reprimand or reprimand; (c) stoppage of pay and allowances until any proved loss or damage occasionedby the offence of which he is convicted is made good30(2) in every case in which punishment has been awarded under sub-section (1) certifiedfour copies of the proceedings shall be forwarded in the prescribed manner by the officer awarding the punishment to the prescribed senior authority who may, if the punishment awarded appears to him to be illegal, unjust or excessive, cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case35collective fines4022 (1) whenever any weapon or part of a weapon, or ammunition, forming part of theequipment of a unit of the regiment, is lost or stolen, an officer not lower than the rank of the commandant of a battalion may after making such enquiry as he thinks fit and subject to the rules impose a collective fine upon the subordinate officers, under-officers and area of such unit or upon so many of them, as in his judgment should be held responsible for such loss or theft(2) such fine shall be assessed as a percentage on the pay of the individuals on whomit fallscentral government to provide funds4523 the central government shall after due appropriation made by parliament by lawin this behalf, provide requisite funds, from time to time, for carrying out the purposes of this actpower to give direction24 the central government may give such directions to the government of the state concerned within the territorial jurisdiction of a state for carrying out in the state any provision of this act or any rule made thereunderpower to make rules525 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act10(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsin the pre-independence era various regiments had been constituted seeking their base in historic as well as symbolic reasons but in the post-independence era so many regiments had been constituted, according respect and esteem to the military values of various cultures the constitution of ladakh scouts, naga regiment, arunachal scouts and the sikkim scouts are cases in point that were formed in the years 1963, 1970, 2010 and 2013 respectivelybundelkhand region has been recognized for expertise in the warfare and also in historic heroic narratives in symbolic form, folk song style "alha gayan" which is an integral part of public culture prevailing across bundelkhand region people of bundelkhand have always contributed greatly to the defence establishments there is a need for constitution of a bundelkhand regiment as a gesture of evincing respect and recognition to the glorious and illustrious military history and the military values of bundelkhand culturehence this billnew delhi;kunwar pushpendra singh chandelnovember 27, 2017 financial memorandumclause 3 of the bill provides for the constitution of a bundelkhand regiment clause 4provides for appointment of certain officers of the regiment clause 23 provides requisites funds for functioning of the regiment the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore would be involved as recurring expenditure per annuma non-recurring expenditure of rupees five hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 25 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character lok sabha———— a billto provide for the constitution and regulation of a new army regiment to be known as thebundelkhand regiment for safeguarding the borders of the country and for mattersconnected therewith or incidental thereto————(shri kunwar pushpendra singh chandel, mp)

Parliament_bills

de2fb242-37f9-50d9-8db8-5aba0d6ce7dc

lok sabra co&uge1;da tothe ea,: kdjg cjt1p alh5s (ac~~isitijn and trc~jsft'ill of undertakings) bill, 1980 (to be/as in troduced in 10k sabha) 1 - page 2, in the marginal heading t8 clause 4, liu: "undert 3kin gil read "undertakings" 2 page 8, line 2,-for "0 r emp 10 yee " read "or other employee" 3 page 11, line 24,-for "actvities" ~ ii acti vitie s" l\je~j dsihi; june q 1980 jyaistha 19, 1902 (saka) ,~~l no 96, :tj- the banking companies (acquisition and transj'er of' undertakings) bill, 1980 a billto provide for the acquisition and transfer oj the undertaking, of certain ban1cing cc1mpanies, having regard to ~r size, resources coverage and organisation, in ordel' further to control the might' rjf the economy, to meet progressively, and serve better, tae cedl of the dev'e~opment of the economy and to promote the weljare of the people, iot conformity with the policy of the state t01vllrds securing the principles laid down in clauses (b) and (c) of article 39 of the c~titution and for matters connected therewith or incidental , jhe;7;eto be it enacted by parliam~nt in the thirty-first year of the republte of india as follows:-chapter i preliminarys i, (1) this act may be called the banking companies (acquisition short and transfer of undertakings) act, 1980 tit and (2) it shall be deemed to have come into force on the 15th day of april • j~80, z in this act, unless the context otherwise requires,-lof 1956 10 ,(a) "banking company" does not include a foreign company , within the meaning of section 591 of the companies act, 1956; (b) '~corresponding new bank", in relation to an existing bank, means the body corporate specified against such bank in column 2 of the first schedule; 's ,(c) "c;::ustodian" means ,the person who becomes, or is appointed, a custodian under section 7; (d) "existing bank" means a ~an1dng company specified in column 1 of the first schedule, belnl a company the total of the demand and time liabuities in india of which, as shown in the return as on the 14th day ~ march, 1980, furnished to the reserve bank under section 42 of the i&eserve bank of india act, 1934 amounts to not less than rupees twohundrect crores; 2 of 1934 (e) words and expressions used herem and not defined but defined in the banking regul;;ttion act, 1949, have the meanings res-5 10 of 1949 pectively assigned to them in that act chapter ii transfer of the undertakings of existing banks3 (1) on the commencement of th:s act, there shall be constituted 10 su'ch corresponding new banks as are specified in column 2 of the first schedule establishment of corresponding new banks and business thereof (2) the paid-up capital of every corresponding new bank constituted under sub-section (1) shall, until any provision is made in thb behalf in any scheme made under mction 9, be equal to the paid-up capital of 15 the existing bank in relation to which it is the corresponding new bank (3) the entire capital of eaeh corresponding new bank shall stand vt!sted in, and allotted to, the cent!:,l government (4) every corresponding new bank shall be a body corporate with perpetual succession and a common seal with power, subject to the 20 provisions of this act, to acquire, hold and dispose of property, and to contract, and may sue and be sued in its name (5) every corresponding new bank shall carey on and transact the business of banking as defined in clause (b) of section 5 of the banking regulation act, 1949, and may engage in one or more forms of business 25 10 of 1949 specified in sub-section (1) of section 6 of that act (6) every corresponding new bank shall establish a reserve fund to which shall be transferred the share premiums and the balance, if any, standing to the credit of the reserve fund of the existing bank in relation to which it is the corresponding new bank, and such further sums, 30 if any, as may be transferred in accordance with the provisions of section 17 of the banking regulation act, 1949 10 of 1949 4 on the commencement of this a,c,t, the undertaking of every existing bank shall be tr msferred to, and shall vest in, the correspond· ing new bank :15 undertaking of existing banks to veot in correa ponding new banks general effect of vesting 5 (1) the undertaking of each existing bank shall be deemed to include all assets, righ~s, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve 'funds, invest~ ments and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this act in the 40 ownership, possession, power or control of the existing bank in relation to the undertaking, whether within or without incl1a, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then lubsistlng of the exist- 4:-ing bank in relation to the undertaking (2) if, according to the laws of any country outside india, the provisions of this act by themselves are not effective to transfer or vest any asset or liability situated in that country which forms part of the undertaking of an existing bank to, or in, the corresponding new bank, 5 the affairs of the existing bank in relation to such asset or liability shall, on and from the commencement of this act, stand entrusted to the chief executive officer for the tijrne being of the corresponding new bank, and the chief executive officer may exercise all powers and do all such acts and things as may be exercised or done by the existing bank 10 for the purpose of effectively transferr~ng such assets and discharging such liabilities (3) the chief executive officer of the corresponding new bank shall, in exercise of the powers conferred on him by sub-section (2), take all such steps as may be required by the laws of any such country outside is india for the purpose of effecting such transfer or vesting, and may either himself or through any person authorised y him in th;s behalf teal1ae any asset and discharge any liability of the existing bank (4) unless otherwise expressly provided by this act, all contradll, deeds, bonds, agreemen"ls, powerrs of attorney, grants of legal repre-20 sentation and other instruments of whatever nature subsist'ng or having effect immediately before the commencement of this act and to which the existing bank is a party or which are in favour of the existing bank shall be of as full force and effect against or in favour of the corresponding new bank, and may be enforced or acted upon as fully and 25 effectually as if in the place of the existing bank the corresponding new brnk had been a party thereto or as if they had heen issued in favour of the corresponding new bank (5) if, immediately before the commencement of this act any suit, appeal or other proceeding of whatever nature in relation to any busi-30 ness of the undertaking which has been transferred under section 4, is pending by or against the existing bank, the same shall not abate, be discontinued or be in any way, prejudicially affected by reason' of the transfer of the undertaking of the existing bank or of anvthin1 contained in this act but the suit appeal or other proceeding may be continued, 35 prosecuted and enforced by or against the corresponding new bank (6) nothing in this act shall be construed all applying to the assets, rights, powers, authorities and pr;vileges and prc'4?erty, movable and immovable, cash balances and investments in any country outside india (and other r~ghts and interests in, or arising out of, such property) and borrowings, liabilities and obligations of whatever k;nd subsisting im· 40 mediately before the commencement of this act, of any existing bank operating in that country if, under the laws in force in that country, it is not permissible for a bank;ng company, owned or controlled by government, to carryon the business of banking there chapter iii payment of amount6 (1) every existin~ bank shall be given by the cen'tral government sum amount in re'>peet of the transfer, under section " to the ,, ponding new bank of tbe undertakin(' of the existing buk a •• pecffted payment of amount ~ against each such bank in the sec!ond schedule - - 0 (2) the amount referred to in sub-sec'tion (1) shalt be given to every existing bank, at its option,-(a) in cash'(ta be paid by cheque' drawn on the ~eri'e- bdkf in three equal annual instalmdiits, the atnodirt of emil iriltalftwtt' catlryling' interest rtt the rate (jf ftv~ and a half per' eentf pet dlhldil 5 henri' the cbmmencerrumt of this act; or (b) in saleable or otherwise transferable promissory notes or stock certificates of the central government issued and repayable' at par, and maturing at the end of-(i) ten years from the eommencemeat of this ad and 10 carrying interest from suc!'h commencement at the rate of- six' per cent per annum, or (ii) thirty years from the eomme'dcemel1't of this act afid' carrying interest from such commeneerrient at the rate of seven per cent per annum; or is (c) partly in cash (to be paid by cheque drawn on the reserve bank) and partly in such number of securities specified in subciuse (i) or sub-claus~ (ii), or both, of clause (b), as may jtt, required by the exi~ting bank; or (d) partly in such number of securities specified in sub-dause 20 (i) of clause (b) and partly in such number of securities spet1fied in sub-clause (ii) of that dause as may be required by the existiii'g' bank, (3) the first of the three equal annual instalments referred to in clliuse (a) of sub-section (2) shall be paid, and the securities referred 25 to in clause (b) of that sub-section shall be issued, within sixty days from the date of receipt by the central government of the option referred to in that sub-section, or where no such option has been exercised, from the latest date before which such option ought to have been exercised 30 (4) the option referred to in sub-section (2) shall be exercised by every existing bank before the expiry of a period of thr~e months from the commencement of this act (or within such further time, not exeeed" ing three months, as the central government may, on the application of the existing bank, allow) and the option so exercised shall be- ftnal3s and shall not be altered or rescinded after it has been exercised (5) any existing bank which omits or fails to exercise the option referred to in sub-section (2), within the time specified in sub-se~tion (4), shall be deemed to have opted for payment in securities specified iii sub-clause (i) of clause (b) of sub-section (2) (6) notwithunding anything contained in thi~ sediion, any existing bank may, before the expiry of three months from the commtencement of this act (or within such further time, not exceedin~ three months, as the central government may, on the application of the existing bajik, allow) make an applica'tion in writing to the cel1trai govern- 4$ mflbt lot 8ft interim peyment of an amount equal to seventy-five per cent ·tiiie ount of the paid-up capital of such bank, intme!d'tiltely wore laieh eemmencement indicating therein whether th'e payment ts deshed eash or in ~1,\ritjes specifle'd in sub-!le~tiqn (~), or in both (7·)th ()ebti'al gonnnent· shah, wifhin sixty tap f~ml dn reaipt of,-a appiiatiea, 'nferretto"in 'sub-section (6); maketkeill __ -,, ~- dire- :ejdattuabadtc -ill accordanlce with th' optior i 1iail, llar:_ sudfirptttlc! s (8) the interim payment made to an existing bank under' gb section (7) shall be set off against the total amount payable to such mating' bank under this act and the balance of the amonnt remab:rlng cn:rtstiuidtrlg aftet such payml!nt shall be given to the ~xisting bank tn; at<j1'dane'ewtththe option exercised, or deemed to have beenexerelsed, 10 under sub-section (4) or sub-'section (5), as'the case may be~ prov1ded that where any part of the interim payment is obbdnf!ti by a'fil extstfng bank in cash, the i?ayment so obtained shall be set dft? in ''the first' instance, against the first instalment of the cash paj!mft't refe1ted to in sub-section (2), and in case the payment so obtainedejt 'ty ceeds' the amount df the first instalment, the excess amount shall' be a6jits~ against the second instalment and the balance of such ~ amount, if any, against the third instalment of the cash payment chl<\pter iv management of corresponding new banks20 head oftlce and mana,e menl 7 (1) the head office of each corresponding new bank shall be at such place as the central government may, by notification in the offt'ciai gazette, specify in this behalf, and, until any such place is so specified, shall· be at such place at which the head office of the existing banjo" in relation to which it is the corresponding new bank, is on the commenae--2s meltt of this act, located, (2) the general superintendence, direction and management of the affairs and business of a correfqonding new bank shall vest in a board of directors which shall be entitled to exercise all such powers and do all such acts and things as the correfqonding new bank is t'uthorised to 30 exercise and do, (3) (4) as soon as may be after the commencement of this act, the central g()vernment shall, in consultation with th", reserve bank, con-· stitute the first board of directors of a corresponding new bank, consisting of not more than seven persons, to be appointed by the central 35 geyemment, and every director so appointed shall hold offtce until< the board of directors of such corresponding new bank is- constitutecir in accordance with the scheme made under section 9: provided that thl! central government may, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, r~ a f?efson from the membership of the first board of 'directors 40 and, appoint any other pel'son in his plaee (b) every member of the first board of directors (not being an officer of the central government or o,f the reserve bank) shall receive such remuneration as is equal to the remuneration which a member of fli~'boardofdfrectors of the existing bank was entitled to receive fm 45 mediately before the commcmcement of this act, (4) until the first board of directors is appointed by the central government under sub-section (3), the general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a custodian, who shall be the chief executive officer of that bank and may exercise all powers and do all acts and things as 5 mqy be exercised or done by that bank (5) the chairman of an existing bank holding office as such immediately before the commencement of this act, shall be the custodian of the corresponding new bank and shall receive the same emoluments as h was receiving immediately before soch commencement: 10 provided that the central government may, if the chairman of an existing bank declines to become, or to continue to function as, a cuatodian of the corresponding new' bank, or, if it is of cqinion that it is necessary in the interests of the corresponding new bqnk so to do, appoint any other person as the custodian of a corresponding new bank and the 15 custodian so appointed shall receive such emoluments as the central government may specify in this behalf erplanation-in this sub-section and in sub-section (1) of section l~, the expression "chairman", in relation to any existing bank, includes the i;lerson carrying out the duties of the chairman or otherwise func- 20 tinning as the chief executive officer of that bank (6) the custodian shall hold office during the pleasure of the central government 8 every corresponding new bank shall, in the discharge of its functions, be guided by such directions in regard to matters of poliey in- 25 volving publk intere~t as the central government may, after consultation with the governor of the reserve bank, give corresponding new banks to be guided by the directions of the central government 9 (1) the central government may, after consultation with the lteserve bank, make a scheme for carrying out the provisions of this act power of central govern_ ment to make scheme (2)· in particular, and without prejudice to the generality of the fore- 30 going power, the said scheme may provide for all or any of the following matters, namely:-(a) the capital structure of the eorresponding new bank, so however that the paid-up capital of any such bank shall not be in excess of rupees fifteen crores; 35 (b) the constitution of the board of directors, by whatever name called, of the corresponding new bank and all such matters in - connection therewith or incidental thereto as the central government ml'ly consider to be necessary or expedient; (e) the reconstitution of any corresponding new bank into two 40 or more corporations, the amalgamation of any corresponding new bank with any other corresponding new bank or with another banklng institution, the transfer of the whole or any part of the undertaking of a corresponding new bank to any other banking· institution or the transfer of the whole or any part of the undertaldng of any other banking institution to a corresponding new bank; 5 (d) such incidental, consequential and supplemental matters as may be necessary to carry out the provisions of this act (3) every board of directors of a corresponding new bank, constituted under any scheme made under sub-section (1), shall include-(a) representatives of the employees, and of depositors, of such bank; and 10 (b) such other persons as may represent the interests of each of the following catf'gories, namely, farmers, workers and artisans, to be elected or nominated in such manner as may be specified in the scheme 15 (4) the central government may, after consultation with the' reserve bank, make a scheme to amend or vary any scheme made under sub-section (1) (5) every scheme made by the central government under this act shall be laid, as soon as may be after it is made, before each house of 20 parliament, while it is m session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should 25 not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme chapter v miscellaneous10 (1) every corresponding new bank shall cause its books to be closed and balanced on the 31st day of december of each year and shall appoint, with the previous approval of the reserve bank, auditors for the audit of its accounts closure ot account anddiaposal of profttl 1 of 1956 3s (2) every auditor of a corresponding new bank shall be a person who is qualified to act as an auditor of a company under section 226 of the companies act, 1956 and shall receive such remuneration as the reserve bank may fix in consultation with the central government (3) every auditor shall be supplied with a copy of the annual balance-40 sheet and profit and loss account and a list of all books kept by the corresponding new bank, and it shall be the duty of the auditor to examine the balance-sheet and profit and loss account with the accounts and vouchers relating thereto, and in the performance of his duties, the auditor-4s (a) shall have, at all reasonable times, access to the books, accounts and other documents of the corresponding new bank; (b) may, at the expense of the corresponding new bank, employ accountants or other persons to assist him in investigating such accounts; and (c) may, in relation to such accc;wnta" ~4ne ~ custodian or any 04icer or employee of the cor~eqq~di:j),g" pew :bfillk ,(tfi),evuy,&uditor of a correepondini~uw,bu)k, aaallmake ' report to the~entral government upon tae,amnalbayao&llbeet,aad accounts and in every such report shall state-s (a) whether, in his opinion, the balance-sheet is a !ull-~ fair balance-sheet containing all the necessary particulars and is properly -,drawn up so as to exhibit ii 'true and fair view of the' affairs· ()f the cor~espol1dingnew bank, and in- case he had celled for any explanation or information, whether it has been given, and w~~ej: it is satis- 10 factory; (b) whether or not the transactions of the corresponding new :bank, which have come to his notice, have been within the powers -of that bank; (c) ,whether or not the returns received from the' offices and is branches of the corresponding new bank have been found adequate for, the purpose of his audit; ,,(d) whether the profit and loss account ~hows a true qala~ of profit or loss for the period covered by such account;, add (e) any other matter which he considers should be brought to 20 the ngtice of the central government (5) 'the l'eiport of the auditor shall be -verified, signed and transmitted l to:the central government "',(6) 'the auditor shall also forward a copy of the audit report to the -corresponding new bank and to the reserve bank los (7) after making provision for bad and doubtful debts, depreciamon ,in _assets, contributions to staff and superannuation funds and all o~er matters for which provision is necessary under any law, or which $l'e _ usually provided for by banking companies, a ,corre~pqnding qilw i~nk shan transfer the balance of profits to the central governu:lent 30 (8) the central government shall cause every auditor's report and report on the working and activities of each corresponding new bank to be laid for not less than thirty days before each house of parliament as soon as may be after each such report is received by tl)e central gov-1if1lldent 3' '·u-f-or the purposes of the income-tax act, 1961, every cor~e~~-fa ot 1911 -ing dew- bank shall be deemed to be an indian coiil/?any and a cod)pany in which the public are substantially interested corni-poriing new bank deemed to bean indian company "'liz' (1)' :every' person holding oftice, immediat~ly be~ore the~om­-meeeement' of- ·this act, as chairman of an existing bank shah, if he be- 40 aemes 'oustodian of the corresponding new bank, be deemed, (in such -eonunencement, to have vacated office as suchchairlilan vacation of ofllceof chairman, etc (2) save as otherwise provided in sup-section (1), every officer or mhe!"~mployee of an existing bank shall become, on thecommenc;~ent of this act, an officer or other employee, as the case may be, of the carres- 4s petmhg41ew bank and ·shall· hold his office or service in- that bank on the " ·tel'me and conditions' and with the ijame rights to pension, gratuity tq,- of!\th!'ejdtjtttg :'blftlt hm',ilt)tj 'b~ ~trahsmnm:'td"an1! 'ftstlm hil-t!~ ~~ n 1 batlk ~aft'~titlef1;d m- 'so ,u"mjs'8ftti luntfr ibl! , ,~ ployment ini)_'e'ot'ft!s~« 1\~w"blmlt ig·tlttrrttnatett~t uwti1~~~' tlf s muneration, terms or conditions are duly altered -by the, cgi'i'8ipollding new, bank (ay' f\ir·th~ ~rson~' wh~ immmi~t~ly 'befo're the conunenoement of ttlls' act'we~ 'the' trune~s 'for' any pension, provident,gratclity or other like 'funtl constit\lted'forth~ oft\cers or other employees of :an existb1g 10 bank, there shall be substituted as trustees such' persons as the central government may by general or spec:ial 'order; ,specify (41 notmthstatldlng anything contained iii the industrial'dispjltet 1 of 1947 act,' 194'7; or in any other liiw f6r'the time being hi fotce, the transfer of'the servlees of' any offtcer or other employee from an ,e~strng, b~iik i sto a corres~ndi'ng new' bank' shall not entitle such' offlc~r or other employt!e to any compensation under this act or any other law for the' time being in force and no stlch claim shnll be entertained 'by any court, trl~ bunal or other authority : '\ : 0bl4l ~ t,t~: lity~ secrecy 13, (1) e\rery corresponding new bank shall observe, except as other-wise required by law, the practices and 'usages customary among bankers, 20 an'd, in' particular, it shall not divulge any inf()rmation relatfilg to or to the affairs of its constituents except in ci1"cumstallces in which it is, in ~d8ft~ with,iaw or prbetieesanci 'usages curt&mart arn'otllg 'barivers, ~shy'or' appropriate fm' the- correspontungnewb8l\k-to 'chvullte''suah 2s informamon ' (2) every director, member of a local board or a committee, or 8udftof, adviser, officer or other- employee of a cqrresponding new" bnk 811lall, before entering upon his duties, make!' a ooclaration of ,fidelity anci"s8cl'ec:y' in the form set out in the third schedule 30 (b) evert ctlstodl8fl of a eor~sfjiot\dft1'g n'ew' ba"" swau,' - "soml' at pouibl"e'; mllk~ a 'declaration of ft"tl1!lity and secrecy in' the' fotm setout in the third schedule 14 every custodian ofa corresponding new bank shall be deemed to bea public servant for the purposes of chapter ix of 'the indian penal custodian to be publlc servant 45 of 1860 35 code 15 (1) all acts done by the custoaian, acting in good fatth, shall, notwithstanding any defect in his appointment or ill the proaedure,be valid '(2l"nd 8d"ot:-proceedihgc'ofafty~a~: of·~tm d1" a'l~allboard or committee-'of ll' ciormpoll\ttn'!-'nttw' bank shall 'beo innlfd' i'mety ,on 40 th~ ground of the,--eltisteac'e'oif a1tyvaelltreyo tn, or'dttfett in the 'coiw~tion certain defects not to invalidate acts or proceedings c1f~ sllch'boani'or committee, atth!,'case mlly ~ '(3)' all acts done by a person acting in good fai~h a&a director or member of a local board or committee of a correspondi~:new ~ank shall be valid, notwithstanding that it may afterwards be ?lscovered that his appointment was invalid by reason of, my defeet 01' ~_lifteation of 45 had tet'fllinated by virtue of any' provbwn contained'llt any law' for the time being in force: provided that nothing in this section shall be deemed to give validity to any act by a director or member of a local board or committee at a corresponding new bank after his appointment has been shown to the corresponding new bank to be invalid or to have terminated indemnity 16 (1) every custodian of a corresponding new bank and every officer s of the central government or of the reserve bank: and every officer or other employee of a corresponding new bank, shall be indemnified by such bank against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as have been caused by 10 his own wilful act or default (2) a director or member of a local board or committee of a corresponding new bank shall not be responsible for any loss or expense caused to such bank by the insufficiency or deficiency of the value of, or title to any property or security acquired or taken on behalf of the corresponding is new bank, or by the insolvency or wrongful act of any customer or debtor, or by anything done in or in relation to the execution of the duties of his oftlce unless such loss, expense, insufficiency or deficiency was due to any wilful act or default on the part of such director or member 17 any reference to any existing bank in any law, other than this act, 20 or in any contract or other instrument shall, in so far as it relates to the undertaking which has been transferred by section 4, be construed as a reference to the corresponding new bank conatruction of references toexiltlnl banb dlsaolution 18 no provision of law relating to winding up of corporations shall apply to a corresponding new bank and no corresponding new bank shall 25 be placed in liquidation save by order of the central government and in such manner as it may direct power to make regulations 1'9 (1) the board of directors of a corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, make regulations, not inconsistent with the 30 provisions of this act or any scheme made thereunder, to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this act (2) in p~rticular, and without prejudice to the generality of the foregoing power, the regulations may provide for all or any of the following is matters, namely:-, , '(a) the powers, functions and duties of local boards and restrictions, con'ditions or limitations, if any subject to which they may be exercised or performed, the formation and· constitution of local committees and committees of local boards (including the number of 40 members of any such committee), hie powers, functions and duties of such committees, the holding of meetin~s of local committees and committees of local boards and the conduct of business thereat; '(b) the manner in which the business of the local boards shall ,_ be transacted and the procedure in connection therewith; 4s (c)" the· delegation of powers and functions of the board of directors of a corresponding new bank to the general manager, dir@~~qr, om~qf qr other employee of tliat b~nk; i ; i ,(d) the conditions or limitations subject to which the crirresf>dnd-mg ne~ bank may appoint advisers, officers or other employees· and fix theu' remuneration and other terms and conditions of service; 5 " (e) the duties and conduct of advisers, officers or other employees of the corresponding new bank' , i <f) the establishment and maintenance of superannuation, pension, provident or other funds for the benefit of o1bcers or other employees of the corresponding new bank: or of the dependants of such officers or other employees and the granting of superannuation allowances, annuities and pensions payable out of such funds; 10 (g) the conduct and defence of legal proceedings by or against· the corresponding new bank and the manner of signing pleadings; (h) the provision of a seal for the corresponding new bank: and the manner and effect of its use; i (~) the form and manner in which contracts binding on the cor" responding new bank may be executed; (j) the conditions and the requirements subject to which loana or advances may be made or bills may be discounted or purchased by " the corresponding new bank; (k) the persons or authorities who shall administer any pension, provident or other fund constituted for the benefit of officers or other employees of the corresponding new bank or their dependants; (l) the preparation and submission of statements of programmes of actvities and financial statements of the corresponding new bank 205 and the period for which and the time within which such statements and estimates are to be prepared and submitted; and (m) generally for the efficient conduct of the affairs of'the cor responding new bank (3) until any regulation is made under sub-section (1), the articles of association of the existing bank and every regulation, rule, bye-law or 30 order made by the existing bank in force immediately before the commencement of this act shall be deemed to be the regulations made under sub-section (1) and shall have effect accordingly and any reference therein to any authority of the existing bank shall be deemed to be a reference to the corresponding authority of the corresponding new bank anq until 35 any such corresponding authority is constituted under this act sliall be deemed to refer to the custodian i 10 of 1949 20 (1) in the banking regulation act, 1949,-amend ment of (a) in section 34a, in sub-section (3), for the words "and any; certain subsidiary bank", the words, figures and brackets "a correspondidgc - enact bank constituted under section 3 0:( the banking oldpanlu ment& ~~:quisition and transfer of undertakings) act, 1980, an,d any subsi-- "diary bank" shall be substituted; 45 (b) in section 36ad, in sub-section (3), for the"word8 "and any b 'di bank" the words figures and brackets a corresponding suslary,' ani" new bank constituted under section 3 of the banking comp as ~ai;q~n and tnn~er of undej:~~, ~t,l88p"ancilan,8ubs1 ~ ~"_ahall,be~\l~~d; i,e); eection; 51,·4&r' h '1ml'ds 'hor·bl'ty'other 'ba1tlting idstttuttcm dotified~y ~ g~al:t~o~tqjq,,~b!n,~ ,behl,1(' ~0ifs;ftgures and brackets "or any correspondin~ "new bau ~ ,,~4er 5 section 3 of the banking companies (acquisition and transfer of un--deiltuidl') iatt,ij860,' or'-eny ·,tlther banking· institution' doti8ed ~y , cedtrajr govemment;in his dehatf""bhdll--be subltittrted (2) in the ijidustrialdi,5putes ac,t 1947 • in iection~ in clause , ~bb) , for 14 of 1947 the words '1and 8fjy s\lqsi~qi' -j~", ~ liro~, fipesmd ,~~ ~~a 10 corresponding new bank constituted under section 3 of the banking compadies i "'cquifdlicm:add'l~,of: undertaking,) am," t9lo,' add any subsiiiaryhdeak"!illui1l1 be se~ted ,~ ld ue auwng oempanies: (legal ;pnctiftonen~' (!)lients'·accounts) act, 1949, in section 2, in clause (a), for- tjle wods" "ll1d· any mlbsidil!'y is 46 of 1949 bank:', 1;he "orqs,1 ~esalld bfadi~ts '~a ~q~ponwpg~a ~ constituted under section 3 of the b~co~~ (~lli:iiuonaod~-fer of undertakings) act, 1980, and any subsidiary bank" shall be su~ (4) in the deposit insurance and credill guarantee,~rporatiqll ~t, 20 1961, in section 2, in clause (ee), after the figures "1970", the words, figures 47 of 1961; md"''braekats"dr·· a"correspoa:1din:g 'newi babk'ccmstitumd·· undel"6eeuon 3 of the (bablring' eompanies ' (mq'lli2ntion' 8lld"'i'raneler ·bff underi8kinga) act, 198()" shull' ,be inserted (j)11id be-$tata ~pieibhlra1 eactiu c:~atiolas_kt;1i6b,tiq eection 2s 2, id·bla1lle1·(ti) ,:e1'lltheljisures·"ltqo:',tibe'iyloais,l~ andbratkets repeal and saving "or"'oije"'8poddijlg'j_~7}/bankuouwuted lultilej3~qq~3;·oj ,ule an~ 60 of 1968 companies (acquiswdil)8i1d:tr&djtier of·~) ~t,lsoo" ~l be ~r¥ i n (1) the banking companies (acquisition andtransfer of under- 30 3 of 1980 takings), ordinance, 1980, is hereby repealed i fj) ~otwhataj:1ding such repeal, 8l)~ 'done or any action'taken, inclup,iagapy order ,mad~, notification issued or'direction:given,~der the"'~~,~qe deemed to have been do~e; taken, made, lssued or atvfl~,:aa,~,~, jdfly'b~, :un4e':r the corresport~g pro\r'isi<ms- ot-'thls-!s act 'i j -:," rtui j'l8st:-scidvule , tt/ee- se~ons"l2, 3 and4) | | existing | bank ||-----------------|-------------|---------|| - corresponding | new | bank || column 1 | | || 40 | | || 4 | | || ,~ | | || :ihet" | | || l~liaitld | | || | | || andhra-:ba1lk | | |eorperlti8b!~ umied ' cojpql'auon bank the new'batut otlrt&a bimited :-liiaw~t of:lwua the oriental bank of commerce limited -' '0i'iemalubaakro'comjdmre the 'padj1lb ~fbu:k, wanit8d ~b,aud sind, bank 45 vij81a-15adk'ldjiiited 'iv4jfjl~ baak ----~ip-;------ - the second schedule(see section 6) | name | of ||-----------------------|----------|| existing | || bank | || amount | || s the | || 'arulha | || i | || banki | limited || (in | || lak:bs | || of | || rupees> | || "'10 | || coj'poration | || 'bank | || limited | || 180 | || "i!lo | || the~"'tbank{·of | || l | || india | || i | || limbed | || tlulor1ental | || ~of | || codlll)etce'limiteci | || 100 | || the~ | || 9,upiab; | || addsind· | || baak; | || l,imved | || 10 | || vij,a | || ;baak11rimmd | || ', | || , | || , | || i | || the | ,mlbo || | :210 || - | || | || , | |[see sub-sections (2) and (3) of section 13] c~id&n,i), 1iidblllyajm, ~ j, , do hereby' declare 'that i· wtlf fbkh!tllly, trtlly·anc:l ta i s best of my 'skfll arld abihty execute--an'(t- petlorm'-tm~duttw·in!""d"'· me as custodian;!mector,·membr--oft~f=boifd,·omem_ ofl ul' committee, auditql", adviser, officer or other employee (as the case may beo}'6f> the" "endwlddr,-operly:"" fioi t ioj:i,uql( in 'the said· ', leki by me i 20 lfurlher'declare that i wtll'not commudiel1teol" ahowjt(t'be'eocan-nieated to ~y: person not l,egally entltledthei'eto-any1ftfofthticldftlatijl to the affairs ot the· i or~ thedaira ,ot' ~y penoanviq ljf1yde,lh1c with "he ;nndr\,mlllallawl~y·fawhi·perloll to,taapect or b&ve 25 accels toaily bollks\~d08wllanta beloaiia, tool'in ~ p'lawiodof the· "llii&-ftlldwlpioi58e bm~ 0' the· or rto 1ule·buliaessnohaay persd1l ba¥inga,y,dlealiq cth the· flqname,of, ocorrpon~ ·new babkt6 be fuledjn statement of objects and reasonsto gain control over the commanding heights of the economy for the attainment of the national, social and economic objectives, fourteen major indian scheduled banks, each with deposits of rs 50 crores or more, were nationalised in july, 1969 it was then visualised that public ownership of these banks would help in more effective mobilisation of savings and their channelisation for productive purposes since the nationalisation of such banks, bank services have grown rapidly, particularly, in the hitherto under-banked rural and semi-urban areas there has also been a progressive increase in the deployment of bank resources for the neglected sectors and weaker sections of society 2 the government are committed to implement the 20-point programme vigorously in pursuance of this objective, the public sector banks have undertaken to increase their credit to priority sectors to 40 per cent of their total advances over a period of five years 3 in order further to control the heights of the economy, to meet progressively, and serve better, the needs of the development of the economy and to promote the welfare of the people, in conformity with the policy of the state towards securing the principles laid down in clauses (b) and (c) of article 39 of the constitution, si~ indian private sector banks, each having deposits of rs 200 crores or more on 14th march 1980, were nationalised by the banking companies (acquisition and transfer of undertakings) ordinance, 1980, promulgated by the president on the 15th april, 1980 the ordinance was also considered necessary for providing larger credit to priority sectors, for establishing a more effective and meaningful direction and control over the operations of these banks and also for making these banks an integral part of the national development effort the ordinance, apart from providing for the: transfer and vesting of the undertakings of the six banks in the corresponding new banks, provided for payment of an amount for the acquisition of such undertakings, the management of the corresponding new banks and other necessary and consequential provisions 4 the bill seeks to replace the aforesaid ordinance new delhi; the 3rd june, 1980 r venkataraman claus~ 4 of the bill provides for the acquisition of the undertakings of six existing banks clause 6 of the bill provides for the payment of the amounts specified thereiil and the manner in which such amounts shall be paid to the existing banks for such acquisition the aggregate amount payable will be rs 1850 crores as indicated in the secqnd schedule to the bill and is payable in cash or in central government securities, according to the option of each recipient existing bank if a recipient existiq bank opts for payment in cash only, the payment will be made in three equal annual instalments, each instalment carrying interest at the rate of 50! per cent per annum from the date of commencement of the act, namely, 15th april, 1900 if a recipient existing bank opts to take the amount, either wholly or partly, in the form of securities, it can choose either a 100year security repayable at par carrying interest at 6 per cent per annum or a 3d-year security repayable at par carrying interest at 7 per cent per annum a similar option regarding payment in cash or security or both has been provided also in respect of an interim payment of an amount equal to 75 per cent of the paid-up capital of the concerned existing bank, if it so opts the option provided under clause 6 of the bill is exercisable by every existing bank before the expiry of a period of three months from 15th april, 1980 in view of the availability of this option, it is not possible to indicate precisely the amount which will be actually payable in each financial year however, if all the six existing banks opt for payment entirely in cash, the principal amount which will be paid in each of the three years beginning from 1980-81 will be about rs 617 crores in that event, the interest payable will be about rs 50 lakhs in 1980-81, rs 6783 lakhs in 1981-82 and rs 3392 lakhs in 1982-83 apart from this recurring expenditure for the first three years, no other expenditure, either recurring or non-recurring, will be incurred thereafter in the event of some of the existing banks choosing to receive the payment of the amount in government securities, or partly in cash and partly in government securities, as provided for in the bill, the interest payable on account of payment of amount in cash ma~ be reduced while the interest payable on securities may increase de~~mding on the proportion and nature of the securities which may be lssued by the governt it ·s therefore not practicable at this stage to calculate the men 1 " - hi h '11 be amount of recurring expenditure on account of mterest w c wi payable each year clause 9 of the bill empowers the central government to make a scaeme"after cqils1lltation·;with the resuve bank, fat 1 cuz'j~,oui the pjovisioo&,of··theag" the··seaame wdl,i,imu'aliaj pnvitl&--formatmn r_tiblc,to·the capital-·,stnlcwn,·o£' t~ cerrellpilididlf,~llewt-:b""' tjae coutitution·-ef the-rboad4-of, dire~ oft·sllea,baak·i8bd· luoh-tneidedul, centlletiuertial,end·b\ippl8rleatal· ma ea-may be i~: tfor dft'jidg out ·the'pjgvteion • of·,tfte,:t\et eftij7y~'sch~mefio' made1saq1lii1lci';tcf: be laid·,befon··betb·ji~uses of· ·pultlildent ad • very;~stae:ht·scum,sllanbe nltjeet tg' modification' -or annulment rby papiiament· o ••• 19"oftre·bij1empowel'8the&ard af,:dinctor of· • ce&ftipodding,w,baak··to make·rep1euor8i after ~nslllaation· wttht,the renne beak aad wi1n,the previou8 '88dction' of the· centltal·gov8l'b111et tlae mette118 in reapeet -of ' which replation • ,may be· 'ma~ inter 'alia"l'tdate ta' thepowers,rfuactione·ildd duties -of··local, 001'4 ·1_ manner ja·wwoh the"busmea·· of· the 10del- lboardtt··shall·, be·tl'aasacted", tae deleation-,of pew818' aad·functions o£· the- boant of,dilleewr of a· colwspqndiag,ll8w baak d·foi' -silniiar· matters-tol' rthe eiloiert conducv of -its i aifan soah regulations shall not be inconsistent with the,previsions of·tlte·ao~ or any scheme made thereunder me matfers in respect of whl~" an~- scheme or regulations may be made' are matfers of adihl!1tstr8t1v~ delllil or proeed1ir~ 'nle 'delegatitin of 'legislative powers is, tl\~refot~, at '8 nnrmal ·chara·c:ter, - - - - - ~! ~',,: 4' ~ ••• • 341\· (1) ~ ;' - - - - " production of docu_ ments of eona dential nature 5 of 1970 21 of 1976 c; ,~i~ ) ~9j;:th,e purposes of t¥,s; sectio~ "blul~ cqmjwipy" ,iaciud~ the lndustnal development bank of india, the reserve bank, the state bank ('if indi~, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, a regional rural bank established under section 3 of the regional rural ban~s act: 1976, am any subsidiary bank ' ' - - - - - i' 36ad (1) - - - - puniahments for certain '\ aetl~l~·" : ties in ' , relation to banking companies 5af 1970 21 -:oj, 1~76 (3)' for the purposes of this section, "banking company" includes the reserve bank, the industrial development bank of india, the state bank of india, a corresponding new bank const1tu~ under section 3 of the- banking companies (acquisition and transfer m undert~ld'ngs) act ~,l!yjo; a regional rural bank established ,unaer section, ~ of the regional rural banks act, 1976, and any subsidiary bank - - - - 23 of 1955 5 of 1970 21 of 1976 application of certain provisions to the state bank of india and oth-, : notiftacl·' banks 51 without prejudice to the provisions of the state bank of india act 1955, or any other ena'::tment, the provisions of sections 10, 13 to 15, 17, 19 to 21, 23 to 28,29 [excluding sub-section (3) 1, ,31,34, 35, 36a, 36 [excluding clause (d) of sub-section (1) j, 46 to 4/3, 50, 52 and 53 shall also apply, so far as may be, to ,~nd in relation to the state bank of india or any corresponding new bank' constituted under section 3 of the banking companies (acquisiti'bn and transfer of under:akings) act, 191o, or a regiqlilal,,r,ural ban~ established under section 3 of the regional rural banks act, '1~176, or any other banking institution notified by the central government in this behalf as they apply to and in relation to banking cnthpllhil!s:' , " '~ovide~ :th~t- " ; :', ' ••• , • i (1'" 'n ':: <-l nothing dtltained ih:dause (c) :of sub-sectloll (·1) of et:tion ,' ; ie sh1l11 ap~y ttl the citbirrtlan of the' s~te bank of inciia 01' to 8 :/~~l: roanitger m anysubeidiary bank' 1ft ,so f~ai ·the aiclcla"lse precludes him from being a director of, or holdmg an office'!a, any institution approved by the res~rve bank; - " (b) nothing contained in section 19 shall apply to the holdina by the state bank of india of shares in the capital of any sud1 subsidiary bank; and (c) nothing contained in section 46 or in section 47a shall apply to any officer of the central government or the reserve bank or the state bank of india, nominated or appointed as director of the state bank of india, or any such subsidiary bank or any other banking institution notifted by the central government under this section - - - - - extract from the industrial disptrn:s act, 1947- (14 of 1947) - • •- definitions 10 of 1949 5 of 1970 38 of 1959 z in this act, unless there is anything repugnant in the subject or context,-- - - - - (bb) "banking company" means a banking company as deftned in section 5 of the banking companies act, 1949, having branches or other establishments in more than one state, and includes the industrial development bank of india, the reserve bank of india, the state bank of india, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, and any subsidiary bank as defined in the state bank of india (subsidiary banju) act, 1959; - - - - - extract from the banking companii8 (legal practitioners' clients' accounts) act, 1949(46 of 1949) - - - - z in this act, unless there is anything repugnant in the subject or context,-definitions 10 of 199 50f 1970 21 of 1976 380t 1969 (a) "banking company" means any banking company 88 deftned in section 5 of the banking companies act, 1949, and includes the state bank of india, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfft' of undertakinp) act, 1970, a regional rural bank eatablished under section 3 at the regional rural banka act, 1978, and any sublldiary bank as deftned in the state bank of india (subsidiary banb) act, 1859; - - - - - tlo aer, 1961(47 oj' 1961) - - - - - deftni-uodl z in this act, unless the context otherwise requires,-- - - - - 5 of 1970 (ee) "corresponding new bank" means a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970; - - - - - extract from the state agricultural credit corporations act, 1968 (60 of 1968) - • - • •deftnitiona 5 of 1970 2 in this act, unless the context otherwise requires,-- - - - - (ii) "corresponding new bank" means a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970; - - - - - billt'o provide for the acquisition and transfer of the undertakings of certain banking companies, having regard to their size, resources, coverage and organisation, in order further to control the heights of the e,conomy, to meet progressively, and serve better, the needs of the development of the ec-onomy and to promote the welfare of the people, in conformity with the policy of the state towards securing the principles laid down in clauses (b) and (c) of article 39 of the constitution and for matters connected therewith or incidental thereto (shri r venkataraman, minister of fin~mce)

Parliament_bills

af6b8819-2a95-55e5-b541-ee8d07ed42b0

bill no li of 2013 the indian penal code (amendment) bill, 2013 a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2013(2) it shall come into force at onceshort title and commencement45 of 18605amendment of section 2062 in section 206 of the indian penal code, 1860 (hereinafter referred to as the principalact), after the words "which may extend to two years, or with fine, or with both", the words "and the property so concealed or transferred or delivered shall be recovered from the person or whom it has been transferred" shall be insertedamendment of section 207103 in section 207 of the principal act after the words "which may extend to two years, or with fine, or with both", the words "and the property so concealed or transferred or delivered shall be recovered from the person or whom it has been transferred" shall be inserted statement of objects and reasonspeople involving in fraudulent activities are increasing in our country the law enforcing agencies in the country have intensified their vigilance in finding out the people who are engaged in such activities common men are the most affected persons due to such type of fraudulent activities most of them lose their money which is earned by them through hard work these small savings of the common people are looted by the dishonest people to pile up their wealth as and when they come under the scanner of the law enforcing agencies, they merely produce evidence or documents in their favour to show that they have not amassed any wealth from the common man and if they are convicted, they will only be awarded imprisonment by the court without forfeiture of properties that they have built by means of fraudulent practice there is an urgent need that our law should be made more specific to provide for attachment or recovery of the property amassed by use of unfair means along with the punishment specified in the lawhence this billkn balagopal annexure extracts from the indian penal code(act no 45 of 1860)| ||-----------------|| powe || fraudulent || removal or || concealment || of property to || prevent its || seizure as || forfeited or in || execution |206 whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a court of justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with bothfraudulent claim to property to prevent its seizure as forfeited or in execution207 whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both| | | | | | | ||-----|-----|-----|-----|-----|-----|-----| rajya sabha————— a billfurther to amend the indian penal code, 1860—————(shri k n balagopal, mp)gmgipmrnd—1087rs(s4)—11-07-2014

Parliament_bills

233901fb-450a-50df-b43f-f30e6c731556

the appropriation (vote on account) bill, 2007(as passed by the houses of parliament—lok sabha on the 16th march, 2007rajya sabha on the 19th march, 2007)assented toon 22 march, 2007act no 14 of 2007 bill no 36-f of 2007 the appropriation (vote on account) bill, 2007 (as passed by the houses of parliament) a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2007-08be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 this act may be called the appropriation (vote on account) act, 2007 2 from and out of the consolidated fund of india there may be withdrawn sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of three lakh ninety-four thousand one hundred fifty-five crores and fifty-four lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2007-08withdrawal of rs 394155,54,00,000 from and out of the consolidated fund of india for the financial year 2007-08 appropriation3 the sums authorised to be withdrawn from and out of the consolidated fund by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year4 references to the ministries or departments in the schedule are to such ministries or departments as existing immediately before the 3rd january, 2007 and shall on or after that date be construed as references to the appropriate ministries or departments as constituted from time to timeconstruction of references to ministries or departments in the schedule the schedule( see sections 2, 3 and 4 )123nosums not exceedingof services and purposesvoted bycharged on thetotalvoteparliamentconsolidatedfund1department of agriculture and co-operation…revenue1287,40,00,000 1287,40,00,000capital13,60,00,00059,40,00,00073,00,00,0002department of agricultural research andeducation ………………………………………revenue403,32,00,000 403,32,00,0003department of animal husbandry, dairyingand fisheriesrevenue190,70,00,000 190,70,00,000capital2,97,00,000 2,97,00,0004ministry of agro and rural industries…………revenue184,39,00,000 184,39,00,000capital89,00,000 89,00,0005atomic energy……………………………………revenue356,44,00,00068,00,000357,12,00,000capital265,15,00,000 265,15,00,0006nuclear power schemes………………………revenue237,86,00,000 237,86,00,000capital390,87,00,000 390,87,00,0007department of chemicals and petrochemicalsrevenue33,08,00,000 33,08,00,000capital9,75,00,000 9,75,00,0008department of fertilisers………………………revenue4090,60,00,000 4090,60,00,000capital9,45,00,000 9,45,00,0009ministry of civil aviation…………………………revenue79,26,00,000 79,26,00,000capital10,33,00,000 10,33,00,00010ministry of coal…………………………………revenue48,00,00,000 48,00,00,000capital5,00,00,000 5,00,00,00011department of commerce………………………revenue314,62,00,0008,00,000314,70,00,000capital117,83,00,000 117,83,00,00012department of industrial policy and promotionrevenue80,58,00,000 80,58,00,00013department of posts……………………………revenue1206,22,00,0002,00,0001206,24,00,000capital38,70,00,000 38,70,00,00014department of telecommunications……………revenue907,50,00,000 907,50,00,000capital29,00,00,000 29,00,00,00015department of information technology…………revenue242,66,00,000 242,66,00,000capital13,17,00,000 13,17,00,00016ministry of company affairs……………………revenue23,17,00,000 23,17,00,000capital2,50,00,000 2,50,00,00017department of consumer affairs………………revenue39,29,00,000 39,29,00,000capital5,75,00,000 5,75,00,00018department of food and public distribution…revenue4352,50,00,000 4352,50,00,000capital62,70,00,000 62,70,00,00019ministry of culture…………………………………revenue146,61,00,000 146,61,00,000capital8,33,00,000 8,33,00,00020ministry of defence………………………………revenue1144,18,00,0004,00,0001144,22,00,000capital130,25,00,000 130,25,00,00021defence pensions………………………………revenue2441,46,00,0004,00,0002441,50,00,00022defence services—army………………………revenue5862,98,00,0002,73,00,0005865,71,00,00023defence services— navy…………………………revenue1174,79,00,00023,00,0001175,02,00,00024defence services—air force……………………revenue1738,14,00,00026,00,0001738,40,00,00025defence ordnance factories……………………revenue1191,52,00,00017,00,0001191,69,00,00026defence services—research and developmentrevenue533,70,00,0004,00,000533,74,00,00027capital outlay on defence services……………capital6976,27,00,00010,73,00,0006987,00,00,00028ministry of development of north easternregion………………………………revenue206,45,00,000 206,45,00,000capital25,73,00,000 25,73,00,00029ministry of earth sciences………………………revenue97,70,00,0001,00,00097,71,00,000capital6,64,00,000 6,64,00,00030ministry of environment and forests…………revenue252,99,00,000 252,99,00,000capital3,51,00,000 3,51,00,00031ministry of external affairs……………………revenue671,28,00,000 671,28,00,000capital126,54,00,000 126,54,00,000| rs | rs | rs ||-------|-------|-------|| 1 | 2 | 3 ||------------------------------------------|-----------------------------------------------|----------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated || fund | | || rs | rs | rs || 32 | department of economic affairs……………… | revenue || capital | 75,87,00,000 | || 33 | payments to financial institutions…………… | revenue || capital | 6725,63,00,000 | || c | | || harged | | || | | || - | | || interest payments | | || revenue | | || 27332,49,00,000 | | || 27332,49,00,000 | | || 35 | transfers to state and union territory | || governments …………………………………… | revenue | 6262,37,00,000 || 5014,57,00,000 | | || 11276,94,00,000 | | || capital | | || 714,42,00,000 | | || 714,42,00,000 | | || 36 | loans to government servants, etc ………… | capital || c | | || harged | | || | | || - | | || repayment of debt | | || capital | | || 268607,64,00,000 | | || 268607,64,00,000 | | || 38 | department of expenditure …………………… | revenue || 39 | pensions ………………………………………… | revenue || 4,33,00,000 | | || 1222,25,00,000 | | || 40 | indian audit and accounts department ……… | revenue || 6,66,00,000 | | || 209,74,00,000 | | || capital | 35,00,000 | || 41 | department of revenue ……………………… | revenue || capital | 25,00,000 | || 42 | direct taxes …………………………………… | revenue || capital | 1,75,00,000 | || 43 | indirect taxes …………………………………… | revenue || 17,00,000 | | || 281,80,00,000 | | || capital | 23,37,00,000 | || 44 | department of disinvestment ………………… | revenue || capital | 550,33,00,000 | || 45 | ministry of food processing industries ……… | revenue || capital | 5,00,00,000 | || 46 | department of health and family welfare…… | revenue || capital | 85,27,00,000 | || 47 | department of ayurveda, yoga and naturopathy, | || unani, siddha and homoeopathy(ayush) … | revenue | 85,48,00,000 || 48 | department of heavy industry ………………… | revenue || capital | 104,76,00,000 | || 49 | department of public enterprises …………… | revenue || 50 | ministry of home affairs ……………………… | revenue || 1,00,000 | | || 128,06,00,000 | | || capital | 11,78,00,000 | || 51 | cabinet …………………………………………… | revenue || 2,00,000 | | || 34,23,00,000 | | || capital | 5,56,00,000 | || 52 | police …………………………………………… | revenue || 49,00,000 | | || 2412,08,00,000 | | || capital | 754,97,00,000 | || 2,20,00,000 | | || 757,17,00,000 | | || 53 | other expenditure of the ministry of | || home affairs…………………………………… | revenue | 169,26,00,000 || capital | 3,24,00,000 | || 54 | transfers to union territory | || governments …………………………………… | revenue | 259,12,00,000 || capital | 12,00,00,000 | || 55 | ministry of housing and urban poverty | || alleviation………………………………………… | revenue | 78,86,00,000 || capital | 94,00,000 | || 56 | department of school education and | || literacy ………………………………………… | revenue | 5305,70,00,000 || 57 | department of higher education……………… | revenue || capital | 17,00,000 | || 58 | ministry of information and broadcasting …… | revenue || 1,00,000 | | || 231,00,00,000 | | || capital | 40,31,00,000 | || 59 | ministry of labour and employment ………… | revenue || capital | 1,16,00,000 | || 60 | election commission ………………………… | revenue || 61 | law and justice ……………………………… | revenue || capital | 1,00,000 | || c | | || harged | | || — | | || supreme court of india | | || revenue | | || 8,88,00,000 | | || 8,88,00,000 | | || 63 | ministry of mines………………………………… | revenue || 2,00,000 | | || 55,72,00,000 | | || capital | 9,24,00,000 | || 1 | 2 | 3 ||---------------------------------|----------------------------------------------|---------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated || fund | | || 64 | ministry of minority affairs……………………… | revenue || capital | 11,67,00,000 | || 65 | ministry of new and renewable energy | || sources ………………………………………… | revenue | 94,78,00,000 || capital | 10,71,00,000 | || 66 | ministry of overseas indian affairs…………… | revenue || capital | 1,67,00,000 | || 67 | ministry of panchayati raj …………………… | revenue || 68 | ministry of parliamentary affairs ……………… | revenue || 69 | ministry of personnel, public grievances | || and pensions …………………………………… | revenue | 55,96,00,000 || 1,27,00,000 | | || 57,23,00,000 | | || capital | 4,75,00,000 | || 1,50,00,000 | | || 6,25,00,000 | | || 70 | ministry of petroleum and natural gas ……… | revenue || 71 | ministry of planning …………………………… | revenue || capital | 1,25,00,000 | || 72 | ministry of power ……………………………… | revenue || capital | 168,37,00,000 | || c | | || harged | | || — | | || staff, household and allowances | | || of the president | | || revenue | | || 2,94,00,000 | | || 2,94,00,000 | | || 74 | lok sabha ……………………………………… | revenue || 7,00,000 | | || 45,27,00,000 | | || 75 | rajya sabha …………………………………… | revenue || 9,00,000 | | || 18,25,00,000 | | || c | | || harged | | || — | | || union public service commission | | || revenue | | || 12,51,00,000 | | || 12,51,00,000 | | || 77 | secretariat of the vice-president …………… | revenue || 78 | department of rural development …………… | revenue || 79 | department of land resources ……………… | revenue || 80 | department of drinking water supply ……… | revenue || 81 | department of science and technology | revenue || capital | 12,32,00,000 | || 82 | department of scientific and industrial | || research ………………………………………… | revenue | 316,98,00,000 || capital | 2,00,000 | || 83 | department of biotechnology ………………… | revenue || 84 | department of shipping ………………………… | revenue || capital | 98,25,00,000 | || 85 | department of road transport and highways | revenue || 13,00,000 | | || 2000,28,00,000 | | || capital | 2112,40,00,000 | || 1,12,00,000 | | || 2113,52,00,000 | | || 86 | ministry of small scale industries…………… | revenue || 87 | ministry of social justice and empowerment | revenue || capital | 20,83,00,000 | || 88 | department of space ………………………… | revenue || 7,00,000 | | || 379,59,00,000 | | || capital | 263,48,00,000 | || 6,00,000 | | || 263,54,00,000 | | || 89 | ministry of statistics and programme | || implementation ………………………………… | revenue | 305,82,00,000 || capital | 3,10,00,000 | || 90 | ministry of steel ……………………………… | revenue || 91 | ministry of textiles …………………………… | revenue || capital | 54,25,00,000 | || 92 | ministry of tourism …………………………… | revenue || capital | 85,50,00,000 | || 93 | ministry of tribal affairs ……………………… | revenue || 248,22,00,000 | | || 280,84,00,000 | | || capital | 5,84,00,000 | || 94 | andaman and nicobar islands ……………… | revenue || capital | 136,14,00,000 | || 95 | chandigarh ……………………………………… | revenue || 5,87,00,000 | | || 204,26,00,000 | | || capital | 31,96,00,000 | || 5,00,000 | | || 32,01,00,000 | | || 96 | dadra and nagar haveli ……………………… | revenue || capital | 6,52,00,000 | || 97 | daman and diu ………………………………… | revenue || capital | 7,60,00,000 | || rs | rs | rs || 1 | 2 | 3 ||------------------|--------------------------------------------|--------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated || fund | | || 98 | lakshadweep …………………………………… | revenue || capital | 27,58,00,000 | || 99 | department of urban development ………… | revenue || 4,29,00,000 | | || 171,65,00,000 | | || capital | 757,74,00,000 | || 3,95,00,000 | | || 761,69,00,000 | | || 100 | public works …………………………………… | revenue || 17,00,000 | | || 132,46,00,000 | | || capital | 59,67,00,000 | || 17,00,000 | | || 59,84,00,000 | | || 101 | stationery and printing ………………………… | revenue || capital | 11,00,000 | || 102 | ministry of water resources ………………… | revenue || capital | 6,86,00,000 | || 67,00,000 | | || 7,53,00,000 | | || 103 | ministry of women and child development… | revenue || 104 | ministry of youth affairs and sports ………… | revenue || capital | 4,46,00,000 | || | t | || otal | | || 92106,05,00,000 | | || 302049,49,00,000 | | || 394155,54,00,000 | | || rs | rs | rs | abill to provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2007-08————(as passed by the houses of parliament)mgipmrnd—1361ls(s5)—26-03-2007

Parliament_bills

c07dba03-3e52-5b9f-9295-a82a6666f832

the administration of evacuee property (amend- ment) bill, 1959(as introduced in lok sabha on 15th december 1959) the administration of evacuee property (amendment) bill, 1959 (as introduced 'in loic sabra) a billju1ther to amend the administration of evacuee property act, 1950 be it enacted by parliament in the tenth year of the republic of india as follows: -short title 1 this act may be called the administration of evacuee property (amendment) act, 1959 s 2 in section 8 of the administration of evacuee property act, amcndli'cnt 1950 (hereinafter referred to as the principal act), after sub-section of section 8 (2), the following sub-section shall be inserted and shall be deemed always to have been inserted, namely:-10 is 20 "(2a) without prejudice to the generality of the provisions contained in sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of custodian in any state shall, notwithstanding any defect in, or the invalidity of, such law or any judgment, decree or order of any court, be deemed for all purposes to have validly vested in that person, as if the provisions of such law had been enacted by parliament and such property shall, on the commencement of this act, be deemed to have been evacuee property declared as such within the meaning of this act and accordingly, any order made or other action taken by the custodian or any other authority in relation to such property shall be deemed to have been validly and lawfully made or taken" 3 in section 10 of the principal act in sub-section (2) aft clause (0), the following clause shall be inserted, namely:-"(p) acquire any property, whether by way of purchase or otherwise: provided that no such acquisition !iihall be made except with 5 the previous approval of the custodian-general" intertiod of 4 after section 10 of the principal act, the following section shall dew aectiod lea be inserted, namely:-"loa (1) where any person is in arrears of rent in respect of any evacuee property vested in the custodian, the custodian 10 may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order power to remyer rent or damages id respect of evacuee property vested in the cultodian (2) where any person is deemed to be holding any evacuee property on behalf of the custodian under sub-section (4) of section 8, the custodian may, having regard to such principles 15 of assessment of rent as may be prescribed, by order, assess the rent payable in respect of such property and that person shall be liable to pay the rent so assessed (3) where any person is, or has at any time been, in unauthorised possession of any evacuee property vested in the 20 custodian, the custodian may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such property and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the 25 order (4) where any person being in possession of any evacuee property vested in the custodian has caused damage to any such property, the custodian may assess the compensation payable on account of the damage so ceused and may, by order, require that 30 person to pay the compensation within such time and in such instalments as may be specified in the order (5) no order shall be made under sub-section (2) or subsection (3) or sub-section (4), until after the issue of a notice in writing to the person concerned calling upon him to show cause 35 within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the custodian" s in section 27 of the principal act, the following shall be inserted at the end, namely:-explanation amendment of lection 5 ~7· "explanation-the power conferred on the custodian-general under this section may be exercised by him in relation to any property, notwiths~nding that such property has been acquired under section 12 of the displaced persons (compensation and rehabilitation) act, 1954" 6 after section 41 of the principal act, the following section shall inaenio~ of new aectlon be inserted, namely:-4% 10 "42 the custodian may, for the purpose of securing, adminis- power to tering, preserving and managing any evacuee property and gene- ~~:tio n :relly for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this act, require any person to submit to him such accounts, books or other documents or to furnish to him such information relating to any evacuee property as he may reasonably think necessary" 7 in section 48 of the principal act, in sub-section (3), after the afmen~ent words "is barred" the words, brackets and figures "or was, at the o~~~ commencement of the administration of evacuee property (amend-20 ment) act, 1956, barred", shall be inserted 91 of 19,68 in section 55 of the principal act, after sub-section (1), the ',,\men~medt following sub-section shall be inserted, namely: _ 0 aectlon s5 "(2) any power exercisable by a state government by virtue of a direction under sub-section (1) may, unless otherwise 25 provided in such direction, be exercised also by such officer or authority as the state government may specify in this behalf" 9 in section 56 of the principal act, -amendment of aec:tlon s6 (a) in sub-section (2), after clause (j), the following clause - shall be inserted, namely:-30 "<ij) the manner in which rent of any property or damage for unauthorised possession of any property may be assessed, and the principles which may be taken into account in assessing such rent or damages"; (b) for sub-section (4), the following sub-section shall be 35 substituted, namely:-ii (4) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter 5 have effect only in such modified form or be of no effect as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule", certain difficulties are being experienced in the working of the administration of evacuee property act, 1950, and they are hindering the early completion of residual work it is proposed to amend the act suitably to remove these difficulties 2 section 8 of the act was intended to provide for automatic vesting of evacuee property in the custodian where such property had vested in any person exerclslng the powers of custodian under any provincial or state law repealed thereby the validity of such repealed provincial or state law has been questioned in certain high courts it is proposed to make the position clear beyond doubt and to validate such vesting 3 at present there is no specific provision in the act empowering the custodian to determine and recover rent or damages from statutory tenants or unauthorised occupants of ev\1cuee property nor for the recovery of compensation in cases where damage is caused to evacuee property by the occupants it is proposed to insert a new section loa to empower the custodian to determine and recover rent and damages in such cases difficulties are also sometimes experienced where evacuee and non-evacuee interests are inter-mixed and the non-evacuee owners are unwilling or not in a position to purchase the evacuee share in such cases, it is necessary to empower the custodian to purchase non-evacuee property out of the cash balances lying with him or in the evacuee pool section 10 is being suitably amended for the purpose 4 under the existing act, a custodian has no powers to call for any returns, accounts or other information this power is necessary in the interest of better administration and management of evacuee property and a new section 42 is sought to be inserted for the purpose 5 instances have come to notice where some properties were wrongly declared to be evacuee property and they were also acquired to afford relief in such genuine and hard cases, it is necessary to empower the custodian-general under section 27 to restore such property to the non-evacuee owner, even in cases where the property has been acquired under the displaced persons (compensation and rehabilitation) act, 1954 section 27 is being suitably amended for i the purpose 6 when the central government delegates any of its powers to a state government, there is no provision in the existing act enabling the state government to re-delegate the power to any officer or authority subordinate to it it is necessary to empower the state government to do so, particularly in relation to management of evacuee trust properties and section 55 is proposed to be amended suitably for the purpose new delhi; mehr chand khanna the 9th december, 1959 memorandum regarding delegated legislationclausp 9 of the bill seeks to amend section 56 of the act so as to enable the central government to make rules in regard to the principles which may be taken into account in assessing rent or damages lnd the manner in which rent or damages may be assessed these are matters of detail and the delegation of legislative power is thus of a normal character annexure extracts from the administration of evacuee property act, 1950 (no 31 of 1950) - • - powerlof revision of eu,todian-general 27~ (i) the custodian-general may at any time, either on his own motion or on application made to him in this behalf, call for the record of any proceeding in which any custodian has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he thinks fit: provided that the custodian-general shall not pass an order under this sub-section prejudicial to any person without giving him a reasonable opportunity of being heard - - - - - recovery of certain luml ii arreara of land revenue 48 - - - - (3) for the purposes of this section, a sum shall be deemed to be payable to the custodian, notwithstanding that its recovery is barred by the indian limitation act, 1908, or any other law for the time 9 of 1908• being in force relating to limitation of actions - - - - - power to make rulca 56 - - - - - (4) all rules made under sub-sections (1) and (2) after the commencement of the administration of evacuee property (amendment) act, 1953 shall be laid for not less than fourteen days before parha- 11 of 1953 ment as soon as possible after they are made - - - - - a bill funher to amend the administration evacuee property act, 1950 (shri meltr chand khmma minister of rehabilitation and minority affairs)

Parliament_bills

537debfb-91fb-5723-b00f-4df36031f371

bill no 124 of 2012 the spices board (amendment) bill, 2012 byadv pt thomas, mp a billfurther to amend the spices board act, 1986be it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the spices board (amendment) act, 2012short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint10 of 19865omission of section 162 section 16 of the spices board act, 1986 (hereinafter referred to as the principalact) shall be omitted3 section 28 of the principal act shall be omittedomission of section 28 statement of objects and reasonsthe spices board act, 1986 provides for constitution of a board for the development of export of spices and for the control of cardamom industry including the control of cultivation of cardamom section 16 of the act empowers the central government to fix minimum and maximum price of cardamom and also control the distribution of cardamom to protect the small and medium cardamom growersas per rule, the entire small cardamom has to be routed through auctions and the growers are not allowed to sell the cardamom in the open market, except to dealers licensed by the spices board over a period of time, dispute arose between the spices board and the e-auctioneer over the minimum bid value in cardamom auction as agreement could not be reached between the spices board and the auctioneer, the auction of cardamom has been totally stopped which has adversely affected the small and the medium cardamom growersthe small cardamom is the only cash crop controlled by such stringent guidelines and these rules force the growers to resort to the auction process thus restricting the opening up of alternate channels to sell their produce as the major market places of cardamom are confined to certain geographic pockets, the number of dealers who actively involved in the trade of small cardamom in the primary market is limited and this add on to their bargaining power thus, the growers are forced to place "all their eggs in one basket" as against the principles of the open market economythe dynamics of small cardamom trade in the global market place has evolved with time and to remain competitive in the global markets, there is a need to promote free trade of this commodity and device alternate channels for the domestic marketing of small cardamom along with removal of the rules which restrict the domestic marketing and free sale of small cardamom the bill, therefore, seeks to omit sections 16 and 28 of the spices board act, 1986 with a view to do away with the penal provision for contravening the provisions of section 16 of the actnew delhi;pt thomasnovember 6, 2012 annexure extract from the spices board act, 1986(10 of 1986) chapter iv certificate for export of spices16 (1) the central government may, by order notified in the official gazette, fix in respect of cardamom of any description specified therein—power to control price and distribution of cardamom(a) (b) (2) without prejudice to the generality of the powers conferred by sub-section (1), any order made thereunder may provide—(a) (b) 28(1) (2) any person who attempts to contravene, or abets the contravention of, any order under section 16 shall be deemed to have contravened that orderpenalty for contravention of order relating to control of price, etc———— a billfurther to amend the spices board act, 1986————(adv pt thomas, mp)gmgipmrnd—3300ls(e)(s3)—19-11-2012

Parliament_bills

a72f5567-7616-5b43-bcec-e05f3678244d

bill no 120 of 2021 the taxation laws (amendment) bill, 2021 a billfurther to amend the income-tax act, 1961 and the finance act, 2012be it enacted by parliament in the seventy-second year of the republic of india as follows:— chapter i preliminary chapter ii amendment to the income-tax act, 1961amendment of section 943 of 19612 in section 9 of the income-tax act, 1961, in sub-section (1), in clause (i), in explanation 5, after the third proviso, the following provisos shall be inserted, namely:—10"provided also that nothing contained in this explanation shall apply to—(i) an assessment or reassessment to be made under section 143, section144, section 147 or section 153a or section 153c; or(ii) an order to be passed enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154; or5(iii) an order to be passed deeming a person to be an assessee in default under sub-section (1) of section 201, in respect of income accruing or arising through or from the transfer of an asset or a capital asset situate in india in consequence of the transfer of a share or interest in a company or entity registered or incorporated outside india made before the 28th day of may, 2012:provided also that where—10(i) an assessment or reassessment has been made under section 143, section 144, section 147 or section 153a or section 153c; or(ii) an order has been passed enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154; or15(iii) an order has been passed deeming a person to be an assessee in default under sub-section (1) of section 201; or(iv) an order has been passed imposing a penalty under chapter xxi or under section 221,20 25in respect of income accruing or arising through or from the transfer of an asset or a capital asset situate in india in consequence of the transfer of a share or interest in a company or entity registered or incorporated outside india made before the 28th day of may, 2012 and the person in whose case such assessment or reassessment or order has been passed or made, as the case may be, fulfils the specified conditions, then, such assessment or reassessment or order, to the extent it relates to the said income, shall be deemed never to have been passed or made, as the case may be:provided also that where any amount becomes refundable to the person referred to in fifth proviso as a consequence of him fulfilling the specified conditions, then, such amount shall be refunded to him, but no interest under section 244a shall be paid on that amount30explanation—for the purposes of fifth and sixth provisos, the specified conditions shall be as provided hereunder:—(i) where the said person has filed any appeal before an appellate forum or any writ petition before the high court or the supreme court against any order in respect of said income, he shall either withdraw or submit an undertaking to withdraw such appeal or writ petition, in such form and manner as may be prescribed;3540(ii) where the said person has initiated any proceeding for arbitration, conciliation or mediation, or has given any notice thereof under any law for the time being in force or under any agreement entered into by india with any other country or territory outside india, whether for protection of investment or otherwise, he shall either withdraw or shall submit an undertaking to withdraw the claim, if any, in such proceedings or notice, in such form and manner as may be prescribed;(iii) the said person shall furnish an undertaking,in such form and manner as may be prescribed, waiving his right, whether direct or indirect, to seek or pursue any remedy or any claim in relation to the said income which may otherwise be available to him under any law for the time being in force, in equity, under any statute or under any agreement entered into by india with any country or territory outside india, whether for protection of investment or otherwise; and(iv) such other conditions as may be prescribed chapter iii amendment to the finance act, 201223 of 20123 in the finance act, 2012, in section 119, the following provisos shall be inserted, namely:—amendment of section 1195"provided that this section shall cease to apply to the person who fulfils thefollowing conditions, namely:—10(i) where such person has filed any appeal before an appellate forum or a writ petition before the high court or the supreme court against any order in respect of said income, he shall,either withdraw or submit an undertaking to withdraw such appeal or writ petition, in such form and manner as may be prescribed;15(ii) where such person has initiated any proceeding for arbitration,conciliation or mediation, or has given any notice thereof under any law for the time being in force or under any agreement entered into by india with any other country or territory outside india, whether for protection of investment or otherwise, he shall either withdraw or submit an undertaking to withdraw the claim, if any, in such proceedings or notice, in such form and manner as may be prescribed;20(iii) such person shall furnish an undertaking,in such form and manner asmay be prescribed,waiving his right, whether direct or indirect, to seek or pursue any remedy or any claim in relation to the said income which may otherwise be available to him under any law for the time being in force, in equity, under any statute or under any agreement entered into by india with any country or territory outside india, whether for protection of investment or otherwise; and25(iv) such other conditions as may be prescribed:43 of 1961provided further that if any amount becomes refundable under the income-tax act, 1961 to the person referred to in first proviso as a consequence of him fulfilling said conditions,such amount shall be refunded to him, but no interest under section 244a of the income-tax act, 1961 shall be paid on that amount" statement of objects and reasonsthe issue of taxability of gains arising from the transfer of assets located in india through the transfer of the shares of aforeign company (hereinafter referred to as "indirect transfer of indian assets") was a subject matter of protracted litigation finally, the supreme court in 2012 had given a verdict that gains arising from indirect transfer of indian assets are not taxable under the extant provisions of the act2 as the verdict of the supreme court was inconsistent with the legislative intent, the provisions of the income-tax act, 1961 were amended by the finance act, 2012 with retrospective effect, to clarify that gains arising from sale of share of a foreign company is taxable in india if such share, directly or indirectly, derives its value substantially from the assets located in india the finance act, 2012 also provided for validation of demand, etc, under the income-tax act, 1961 for cases relating to indirect transfer of indian assets3 pursuant thereto, income-tax demand had been raised in seventeen cases in two cases assessments are pending due to stay granted by high court out of the said seventeen cases, arbitration under bilateral investment protection treaty with united kingdom and netherlands had been invoked in four cases in two cases, the arbitration tribunal ruled in favour of taxpayer and against the income tax department4 the said clarificatory amendments made by the finance act, 2012 invited criticism from stakeholders mainly with respect to retrospective effect given to the amendments it is argued that such retrospective amendments militate against the principle of tax certainty and damage india's reputation as an attractive destination in the past few years, major reforms have been initiated in the financial and infrastructure sector which has created a positive environment for investment in the country however, this retrospective clarificatory amendment and consequent demand created in a few cases continues to be a sore point with potential investors the country today stands at a juncture when quick recovery of the economy after the covid-19 pandemic is the need of the hour and foreign investment has an important role to play in promoting faster economic growth and employment5 the bill proposes to amend the income-tax act, 1961 so as to provide that no tax demand shall be raised in future on the basis of the said retrospective amendment for any indirect transfer of indian assets if the transaction was undertaken before 28th may, 2012 (ie, the date on which the finance bill, 2012 received the assent of the president) it is further proposed to provide that the demand raised for indirect transfer of indian assets made before 28th may, 2012 shall be nullified on fulfilment of specified conditions such as withdrawal or furnishing of undertaking for withdrawal of pending litigation and furnishing of an undertaking to the effect that no claim for cost, damages, interest, etc, shall be filed it is also proposed to refund the amount paid in these cases without any interest thereon the bill also proposes to amend the finance act, 2012 so as to provide that the validation of demand, etc, under section 119 of the finance act, 2012 shall cease to apply on fulfilment of specified conditions such as withdrawal or furnishing of undertaking for withdrawal of pending litigation and furnishing of an undertaking that no claim for cost, damages, interest, etc, shall be filed6 the bill seeks to achieve the aforesaid objectivesnew delhi; nirmala sitharamanthe 4th august, 2021 president's recommendation under article 117 of the constitution of india[letter no 142/38-tpl, dated 482021 from smt nirmala sitharaman, minister of finance and corporate affairs to the secretary general, lok sabha] the president, having been informed of the subject matter of the taxation laws (amendment) bill, 2021, recommends under clause (1) and (3) of article 117, read with clause (1) of article 274 of the constitution of india, the introduction of the taxation laws (amendment) bill, 2021, in lok sabha and also recommends to lok sabha the consideration of the bill financial memorandumthe bill does not involve any expenditure, recurring or non-recurring, from the consolidated funds of india morandum regarding delegated legislationclause 2 of the bill seeks to amend section 9 of the income-tax act, 1961 relating to income deemed to accrue or arise in india the proposed amendment seeks to insert fourth, fifth and sixth provisos in explanation 5 to clause (i) of sub-section (1) of the said section alongwith an explanation which empowers the board to make rules to provide for (i) the form and manner in which an undertaking shall be submitted; and (ii) any other condition to be fulfilled for the purposes of fifth and sixth provisos2 clause 3 of the bill seeks to amend section 119 of the finance act, 2012 relating to validation of demands, etc under income-tax act, 1961 in certain cases the proposed amendment seeks to insert first and second provisos to the said section the first proviso empowers the board to make rules to provide for (i) the form and manner in which an undertaking shall be submitted; and (ii) any other condition to be fulfilled3 the matters in respect of which rules may be made are matters of detail or procedure and as such the delegation of the legislative powers involved is of a normal character annexure extract from the income-tax act, 1961 (43 of 1961) 9 (1) the following incomes shall be deemed to accrue or arise in india:—income deemed to accrue or arise in india(i) all income accruing or arising, whether directly or indirectly, through or from any business connection in india, or through or from any property in india, or through or from any asset or source of income in india, or through the transfer of a capital asset situate in india explanation 5—for the removal of doubts, it is hereby clarified that an asset or a capital asset being any share or interest in a company or entity registered or incorporated outside india shall be deemed to be and shall always be deemed to have been situated in india, if the share or interest derives, directly or indirectly, its value substantially from the assets located in india:provided that nothing contained in this explanation shall apply to an asset or capital asset, which is held by a non-resident by way of investment, directly or indirectly, in a foreign institutional investor as referred to in clause (a) of the explanation to section 115ad for an assessment year commencing on or after the 1st day of april, 2012 but before the 1st day of april, 2015:15 of 1992provided further that nothing contained in this explanation shall apply to an asset or capital asset, which is held by a non-resident by way of investment, directly or indirectly, in category-i or category-ii foreign portfolio investor under the securities and exchange board of india (foreign portfolio investors) regulations, 2014, made under the securities and exchange board of india act, 1992 extract from the finance act, 2012 (23 of 2012)| ||----------------|| 43 of 1961 || validation of || demands, etc, || under income- || tax act, 1961 || in certain || cases |119 notwithstanding anything contained in any judgment, decree or order of any court or tribunal or any authority, all notices sent or purporting to have been sent, or taxes levied, demanded, assessed, imposed, collected or recovered or purporting to have been levied, demanded, assessed, imposed, collected or recovered under the provisions of incometax act, 1961 in respect of income accruing or arising through or from the transfer of a capital asset situate in india in consequence of the transfer of a share or shares of a company registered or incorporated outside india or in consequence of an agreement, or otherwise, outside india, shall be deemed to have been validly made, and the notice, levy, demand, assessment, imposition, collection or recovery of tax shall be valid and shall be deemed always to have been valid and shall not be called in question on the ground that the tax was not chargeable or any ground including that it is a tax on capital gains arising out of transactions which have taken place outside india, and accordingly, any tax levied, demanded, assessed, imposed or deposited before the commencement of this act and chargeable for a period prior to such commencement but not collected or recovered before such commencement, may be collected or recovered and appropriated in accordance with the provisions of the income-tax act, 1961 as amended by this act, and the rules made thereunder and there shall be no liability or obligation to make any refund whatsoever| | | | | ||------|------|------|------|-----|———— a billfurther to amend the income-tax act, 1961 and the finance act, 2012________(smt nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—602ls—04-08-2021

Parliament_bills

c4ddc245-767f-5885-b834-6738272dd8f6

(b)'commemorative coin": means any coin stamped by the government or any other authority empowered by the-government in this behalfto commemorate any specific occasion or event and expressed in indian currency; (oe) "deface"-means any type of clipping, filing, stamping, or such other alteration of the surface or'shape of a:coinas is readily distinguishable from the effects of 5" reasonable wear; : : ° (a) "government" means the central government; : (e)"issue" means to put a piece of metal into circulation for-use as money; o "metal": means any metal, base metal, alloy, gold, silver or anyother metal which may be prescribed by the government for the purposeof anycoin; jo (g) "mint" means any organisation established by or-under the authority of the: government to make a coin by stamping metal; a) not ification" means notification published in the official gazette; : cent: means the percentage of metals prescribed for any coin; n eats prescribed by rules made under this act; 0°" : ls v2 riation from the standard weight and fineness; jeans the weight prescribed for any coin chapter establishment of mints woesnt may, by notification - ment mays dy! fo stablish a mint at any place which may be managed by the government of { linistry of finance, department of economic affairs or by any other son, which may be authorised for this purpose: : "provided that the mints established before the commencement of this act shall be deemed to have been established by the government under this section: a oo : : provided further that where the governmentis ofthe opinion thatitis necessary "or expedient in the public interest so to do, it may authorise the minting of coins by any organisation or government ofany foreign country, within or beyond thelimits of india and acquire such coins either by way of import or otherwise for issue under ifs authority; © eres : ronee rp '(6 abolish any mint - chapterdenominations, 4: coins may be minted at the mints or at any other place authorised under the proviso dirtensions, to section3 of such denominations not higher than one thousand rupees and of such 35 esiens an dimensions and designs and containing such metals ot mixed metals of such compositions composition of coins: as may be prescribed by the government» standard 5 'the standard weight of the coin of any denomination, minted under the provisions weight and of-section 4, and the remedy allowed in making of:such coins, shall be such:as may be temedy ~~ prescribed in this behalf by the government from time to time, : : 4 (') coin -when-a 6, (1) the coins issued under the authority of section 4:shall be a legal tender in / jegal tender, payment or on account, in case of-— (a) acoin of any denomination not lower than one rupee, for any sum; coinage'(b)a half-rupee coin, foranysum not exceeding ten rupees; (c) any other coin, for any sim not exceeding one rupee: 'provided that the coin has not been defaced and has not lost weight so as to-be less -than'such weight as may be prescribed in its case, "3 of 1906, & (2) allsilver coins issued 'under the coinage act, 1906 after the 10th day of march; 1940 shall continue as before to be a legal tender in payment or on account, in case of— (a a rupee coin, for any sum; : (o) a half-rupee coin, foranysum not exceeding ten rupees; (c) a quarter-rupee, for any sum not exceeding one rupee: )o provided that the coin has not been defaced and has not lost weight so as to-be less _ thane @ai64 grains troy in the case ofa rupee coin, or (i) 882 grains troy in the case of a half-rupee coin, or (ii) such weight as may be prescribed in the case ofa quarter-rupee coin, le () alinickel, copper and bronze coins which may have been issued under the coinage "30f 1906 act, 1906 before the 24th day of january, 1942 shall continue as before to bea legal tender in payment or-on account for any:sum not exceeding one rupee : : (4) all new coins in the naya paisa series, designated as such under the notification of : the government of india in the ministry of finance, department of economic affairs; number "99 s-ro 1120, dated the 11th may, 1956 issued prior:to: the commencement of the indiaii if of 1964e0 coianage (amendment) act, 1964, shall continue to be a tegal tender in payment or-on account, in case of, hess : - (a) a half-rupee or fifty naye paise coin, forany sum not exceeding ten rupees, (}) any othercoin, for any sum not exceeding one tupee 7) the tupee shall be divided into one hundred units and any such unit may be "deoinial designated by the government, by notification, under such name as it thinks fit system of : 2 coinage (2) allreferences inanyenactment orin any notification, rule or order made under any 'enactment or in any contract, deed or other instrument to any value expressed in annas, paisa and pies shall be construed as references to that value expressed in units referred to in sub-section (/) converted thereto at the rate of sixteen anna, sixty-four paise or one hundred and ninety-two pies to one hundred units referred to in sub-section (1) : (3) albreferences in any enactment or in any notification, rule or order under: any- "enactment or in-any contract, deed or other instrument to any value in naya paisa or naye paise shall be contrued as references to that value expressed respectively in units referred to : in sub-section (j) : : 8 notwithstanding anything contained in section 6, the: government may, by power to call "notification, call in with effect from such date as may be specified in the notification, any" coin coin, of whatever:date or denomination 'andon and from the date so specified, such coin shall cease to be a legal tender, save to such extent as may be specified in the notification, chapteriv - diminished, defaced and counterfeit coins9, (1) where any-coin which has been minted and issued by or tinder the authority of power the government is tendered to any person authorised by it to act under: this section, and certain 'cal ; : persons to cu : 'diminished: 01 defaced coins, hinished in weig fit so as to be nioré than such per cent below provided in section 5; or : 5 cuttifig or breaking coin under the provisions of clause (a) of sub: ceive and pay for the coin at its face value f i coin under the provisions of clause (0) of subhall observe the following procedure, damely:— : i has been fraudulently 70 person tendering the coin, 'who shall bear the ng; : ; a oa | as reason to believe, that the coin has not been fraudulently i receive and pay for the coin at its face value: or this section a coin which; there is raas believe, |) s deémied to have been 'audulently defaced, power: to cértain persons to cut counterfeit coins, 10 where any coin minted or issued by or under the authority of the government is tendered to any person authorised by the government under section 9 and such person has teason to believe that the coin is couniterfeit, ke shall by himself or through another person cut or break the coin, and the tenderer shall bear the loss caused by stich cutting or breaking ae power of mint to delegate its functions, al any officer of the mint duly empowered by the governtient may 'in writing authorise any other organisation of the government to melt withdrawn coins or take 'any help of such organisation for the said purpose : : explanation—for the purposés of this section "organisation" means any government - : ~ industrial unit or public sector undertaking possessing melting facilities : as : chapter v ; offences and penalties12 (1) no person shall" prohibition of making: or melting or destruction of coins, _ (0use any inetal piece as coin whether stamped or unstamped, intended to be used as money except by the authority of the government, or : 30 at) melt or destroy any coin, or (iii) use coin other than asa medium of: 'exchange, or (iv) have in his possession, custody or control, - (@) any melted coin, whether in the molten state or in'a solid state, or (b) ally coin ina destroyed or mutilated state, or : gy ie (©) coins substantially in excess of his reasonable requirements for the se of selling stich coins for value other than their face value or for melting or for destroying or for di isposing these coins other than as amedium of exchange explanation—ror the purposes 'of determining 'the reasonable requirements of coins of a person, due regard shall be had to "yo (his total daily tequirements of coins; : gi) the nature of his business, occupation 'or profession;- (ii) the mode of his acquisition of coins; and _fi) the manner in which, and the place at which, : being possessed, held or confrolled by fags (3) nothing 'in this section shall apply i to any person who is found in possession of any metal or-scraps or scissel, etc, of non-recyclable coinage metal, which he may so-possessas a result of valid disposal by auctions bya mint; : fipt0 the mint, reserve bank of india and its authorised agents, and suppliers ins or coin blanks to the extent of orders placed by or utider the authority of the government until their supply or completion of orders placed by the government; (ti) to any prospective supplier who intends to supply coin or coin blanks as es against a valid tender documents purchased by him provided that quantity is in reasonable agreement with quantity of samples to 'be supplied, : 13, whoever contravenes any provisions of section 12 shall be punishable 'with imprisonment which may extend to seven years and with fine, : 14 (1) no person shall ao (@ make or issue or attempt to issue any metal piece except as provided under section 4 for the purpose of coin; (®) possess, custody or control of any metal piece with the intent to issuethe » piece for use as money for a medium of: exchange, ; 2) whoever contravenes the provisions of sub-section (1) shall be punishable with + as -imprisonment which may extend to one year or-with fine or-with both: pr 'ovided that if any person convicted under this section is again convicted, he shall be punishable with imprisonment which may extend to three years or with fine or with both 1s (1) no person shall-bring by sea or by land or by air into india of 'any piece of metal to be used as coin except with the 'authority or permission of the government bo (2) whoever contravenes: the provisions of sub-section (z) shall be punishable with imprisonment which may extend to seven years and with fine 16 (1) where an offence under this act has been committed by a company, every person whoat the time the offence was committed was in charge of and was responsible to, the company for the conduct of its business, shall be deemed to be'guilty of the offence and js shalt-be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence, q) notwithstanding, anything contained in sub-section (1), where any offence-under act has been committed by a company and 'it is 'proved that the offence has been committed with the consent or connivance of or is attributable to, any neglect on the part of any director, manager, secretary or other officer, such director, manager, secretary or other officer of the company shall be deemed to be guility of that offence and shall be liable to be proceeded against and punished accordingly ; : oe ss | 'penalty | for ||---------------|------------|| contravention | || of | section || prohibition | || 'and | penalty || for | unlawfut || making, | issue || or | possession || of | pieces || =mmetal | tobe || used | as || money, | || prohibition | || =: | || and: | || penatty | || for | || bringing | || metal: | || piece | || for | || use | || 'as | || coin | || offences | by || companies | |explanation—-for the purposes of this section, - : ; (a) "company" means any body corporate and includes a firm; society or other association of: individuals; 'and : "°"(b) "director", intelation to— : (ja firm, means a partner or proprietor of the firm; : iz 5 (ii) a society or other association of individuals, memis the person who is "entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association of the individuals, as the case may be : : chapter vi : s le "miscellaneous | : ; forfeiture | 17 any coin or metal'in relation to which any offence under this act has been committed 'shall be forfeited to the government" : : : probation of 18 nothing in the probation of offenders act, 1958 shall apply to offences under this 20 of 1958 lh offenders act aet, 1958 not 19, notwithstanding anything contained in 'the code of criminal procedure, 1973,! 20f 1974 offences under this act shall be cognizable and bailable, but shall not be compoundable 20, in the reserve bank of india act; 1934, : : | to | applyto ||----------------|-------------|| coffences | || "under | this || actes: | || offerices | to || cognizable, | || bailable-an | || aon: | || compotindable | || amendment | || "of | act || 1934 | |: ( insection 2, in clause (@), for the words and figures "the indian coinage act, : 1906", the words and figures "the coinage act; 2009" shall be substituted; 3 of 1906 gi)-in section 39, for the words and figures "the indian coinage act, 1906", ata 3 of 1906 both the places where they occur, the words and figures "the coinage act, 2009":shall ; be substituted : : : : "21 notwithstanding anything contained in: section 260 of the code of criminal procedure, 1973, offences under this act may be tried summarily bya judicial magistrate of: 2 of 1974 | offences | 'may ||-------------|---------|| be | tried || suramarily | |'the first class or a metropolitan magistrate : : 35 | protection | of ||----------------|-------------|| action | taken || in: | good-faith || 42 no suit or other legal proceedings shall lie against any person in respect of: anything which is in good faith done, or intended to be done, under or-in pursuance of the provisions of this act : 8 23 (1) if any difficulty arises in giving effect to the provisions of this act, the government may, by order published in the official gazette, make such provisions, not 30 | power ||---------------|| remove || difficulties |inconsistent with the provisions of this act as may appear: it to be necessary or expedient for removing the difficulty: sees ; _ "| provided that no such order shall be made under this section after the expiry of two years from the commencement of this act : (2) every order made under this section shall be laid, as soon as may be after itis made, 35° before each house of parliament : ; : power to: make rules "24, (7) the government may, by notification, make rules to carry out the purposes of: this act oo : : : q) in particular, and without prejudice to the generality of the foregoing power, such y rules may provide forall or any of the following matters, namely:— : 0 (a) the use of metal for the purpose of making any coin under clause a) of section 2; - : ; 4s : 8 -o(b) the percent: of metals for any coin under clause (i) of section 2s : (©) the standard weight for anycoin under clause (j) of section 2; @ the dimensions, designs, metals, mixed metals ortheir composition, for coins under section 4; : (@) the standard weight of coins and the remedy allowed in making such coins undersection 5 : 5 (/) the coin of any denomination which: has not been defaced 'and hasnot lost weight asto be less than such weight issued under section 6 rulestob¢ 25, every rule made under this act shall -be laid,-as soon as may beafterit is made, laid before parlianient before each house of parliament, while itis in session fora total period of thirty days, which may be comprised in one 'session or-in two or more successive sessions, and if, before the jo expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of 'no effect, as the case may be; so, however, that any such modification or annuiment shall be without prejudice to the validity of anything previouslydone under that rule 1s 26, nothing in this act shall-be deemedto prohibit or restrict the inaking at any mint" | saving | of ||-----------|-------|| making | other || coins | at || 'mints | |in india of coins intended for issue 'as money by the foreign government of any, territories beyond 'the limits of india : repeal and savings 27, (1) the following enactments are hereby repealed-— (a) the metal tokens act, 1889; 1 of 1889, (b) the coinage act, 1906; ; 3of 1906 ay (eo) the bronze coin (legal tender) act, 1918; 22 of 1918 (d) the small coins (offences) act, 1971- 52 of 1971 (2) the repeal by this act of the enactments specified in sub-section (/) shall not-— (@ affect any other enactment in which the repeated enactment has been applied, incorporated or referred to; ) affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of 'or from any debt, penalty, obligation, lability, claim or 'demand, or any indemnity already granted, or the proof of any past act or thing; (c) affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or-existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; : : (d) revive or restore any jurisdiction, office, custom, liability, right, title, privilege, festriction, exemption, usage, practice, procedure or other matter-or: thing not now existing of in force (3) the mention of particular matters in sub-section (7) shall not'be held to prejudice 10 of 1897 ydor affect the general application of section 6 of the general clauses act, 1897, with regard to the effect of repeals os : - 28 notwithstanding the repeal of the enactments specified in section 27; all coins continuance" of existing coins, which were issued as legal tender under the said enactments immediately preceding the date on which the coinage act, 2009 receives the assent of the president shall continue to be legal ye tender in payment or on account, : statement of objects and reasonsthe coinage act, 1906 provides for applicability, denomination, dimension, design and composition of coins, standard weight of coins and the limit upto which the coin isa legal tender it empowers the central government to establish and abolish mints and to call _in coins and also power to certain persons to cut, diminished or counterfeit or defaced coins and also provides for the procedure in regard to cut coins or coins liable to be cut the act icludes saving provision for making of other coins for issue as money by the of other territory beyond the limits of india italso inchides at emporaty pr ovision tain hyderabad coins which should be continieg as a legal tender in that i commencement of this act; ortage of small coins in the country, the small-coins ke steps to avoid such shortages in the interest of the elting or destruction ofsmall coins or hoarding in the budget speech of 1993, announced setting up al review group in every ministry or department to tevies coe edures and identify changes needed in the light ofthe new policies 2 a _in the department of economic affairs and subsequently another expert grou fe natituted by the cabinet secretariat in 1997, and, thereafter, a commission conatiaed to review administrative laws in 1998 recommended the amalgamation of the coinage act 1906 the metal tokens act, 1889 and the small coins (offences) act, 197} in one con rehensive a et the law commission in its 159th report on repeal and amendmenis ofhaws had als 5 recommended for consolidation of the above acts later on, it: was felt that the bronze coin (cegal tender) act, 1918 may also be repealed, having become obsolete as bronze coins have - been removed from circulation many years back : q : foe _ 3 inthe meantime, the management ofall the india governme ' ae og nt to a corporation, namely, the security printing and minting co ee ms oe 'which was formed in 2006 after consideration and approval of the cabinet j nace tod 0h 23-08-2005 to reorganise mints as per their operational tequire ? 4 : : nee ement, i men has been factored in while preparing the coinage bill, 2009, " and this develop ment d destruction and provides punishment for is act, 1889 was enacted to 8 (0 receive or introduce any will making, issuis or possession the import ofsuch piece nder) act, 1918 was : sat the request of the lak accordance with the requirements 8 in force under section 10, it may, by of any such sos, and thereafter any such 4 the salient features of the bill; inter alia, are as follows:-— (i) it provides for amalgamation of four acts, namely, the metal tokens act, 1889, the coinage act, 1906, the bronze coin (legal tender) act, 1918 andthe smal! coins (offences) act, 1974 into one act} : (i) it provides for punishment with imprisonment which may extend to seven years and with fine ifa person is found to be making or melting or destructing the coins "and for deletion of the provisions of above mentioned: four acts which have singe become redundant; : is the four aforesaid acts which have since become obsolete 5, the bill seeks to achieve the above objectives pranab mukherjee 'new delul; the \ 7th september, 2009, clause 1 of the bill provides for short title; extent and:commencement, clause 2 of the bill provides for definitions of the terms used in the bill, clause 3-of the bill empowers the government to establish and abolish mints andalso provides that the mints may be managed: by other persons authorised in this behalf by the central government it further provides that the mints established before the commencement of this act shall be deemed to have been established by the government : clause 4 of the bill provides for denominations, dimensions, designs and composition i scribed by the government: however, such denomination shall not i m for which certain specified coins will be a legal id the silver coins issued under the coinage act, 1906 (3 of 1906), after the 10th day arch, 1940, andall nickel, copper and bronze coins which may have been issued before the 24th day of january, 1942, shall continue as before to bea legal tender "clause 7 of the bill provides for the decimal system of coinage and provides that a rupee shall be divided into one hundred units and empowers the government to designate any such units by notification, under such name as it thinks fit clause 8 of the bill empowers the government to call in any coin of any date or denomination from a specified date from which the said coin shall cease to be legal tender, however, save to the extent as may be specified in the notification, clause 9 of the bill empowers certain persons to cut diminished or to defaced coins which have been diminished in weight by such per cent below the provided standard weight it also provides for payment of face value of the coin when there is reason to believe that the coin has not been defaced fraudulently the person cutting or breaking the coin has lo observe the procedure as specified : clause 10 of the bill empowers certain persons to cut or break the counterfeit coins where they have feasons to believe that coins are counterfeit clause 11 of the bill empowers a mint to delegate its functions to any organisation of the government with regard to melting of the withdrawn coins clause \2 of the bill provides for prohibition of making or melting or destruction of coins or having possession, custody or control of melted coins or coins in mutilated or - destroyed state it also prohibits possession of coins by any person in excess of reasonable dally requirement of the coins for carrying out his business, 'occupation or profession but this provision does not apply to mint, reserve bank of india or any person having possession of coins as a result of valid auction by a mint, : : clause 13 of the bill provides for penalty of imprisonment and fine for contravention of'clause 12, : : : clause 14 of the bill provides forthe prohibition of unlawful making, issue or possession, custody or control of pieces of any metal to be used as money and-also punishment for contravention of this provision with imprisonment up toone year or fine or with both clause 15 of the bill provides for the prohibition for bringing a metal piece for use as coin into india without the permission of government bysea, land or air and punishment for its contravention, : glause16 of the bill provides that-everyperson who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of its business, shall be deemed to be guilty of that offence clause 17 of the bill provides forthe forfeiture of any coin or metal in relation to which - any offence under this act has-been committed : clause:18 of the bill provides that the probation of offenders act,1958 (20 of 1958) : shall not apply to offences under this'act : : clause 19 of the bill provides for the offences to be cognizable, bailable and noncompoundable : boe clause 20 of the bill provides for the consequential amendment inthe reserve bank of india act, 1934 (20f 1934) in respect of references of the indian coinage act, 1906 occurring therein 7 a clause 2\ of the bill provides that notwithstanding the provisions of section 260 of e code of criminal procedure, 1973 (2 of 1974), the offences are to be tried summarily bya clal magistrate of the first class or4 metropolitan magistrate of the bill provides for protection ofaction taken in good faith in pursuance fthis bill : re bill empowers the government tomake provision by order published tte, toremoye difficulties which may arise in giving effect to the provisions guch order shall not be made after the expiry of two years from the 'of the bill empowers the government to make rules tocarry out the provisions c 3 5 of the bill provides for laying of the rules made under-this act before each house of parliament aon ; : clause 26 of the bill enables the mints to make coins intended forthe issueas money, by foreign government beyond the limits of india clause 277 of the bill provides for repeal of the metal tokens act, 1889(1:0f 1889), the coinage act, 1906 (30f 2006), the bronze coin (legal tender) act, 1918 (22 of 1918) and the small coins (offences) act, 1971 62 of 1971) and also provides that repeal of these enactments _ isnot to affect the validity, invalidity, effect or consequences of anything done or suffered, ~ any right acquired, accrued or liability incurred, etc, from the enactments repealed clause 28 of the bill provides for continuance of existing coins as legal tender in payment or on account : : : financial memorandumclause 3-of the bill provides for establishment of mint at any place which may be managed by the government of india in the ministry of finance, department of economic affairs or by any other person which may be authorised for this purpose: however, the mints established before the commencement of this act shall be deemed to have been "established by the government under this clause : 2 clause 3 also provides for abolition of any mint by the government of india, however, in public interest, italso provides for minting of coins by any organisation or government of any foreign country for acquiring such coins, 3 the provisions of the bill do not involve any other expenditure of recurring or nonrecurring nature memorandum regarding delegated legislation clause 4 of the bill empowers the government to prescribe the dimensions and design of coins containing such metal or mixed metals which may be minted at the mints or any other place authorised under the proviso to clause 3 clause'5 of the bill empowers the government to prescribe the standard weight ofthe coin of any denomination which may be minted under the provisions of clause 4 clause 7: of the bill empowers the government to designate by notification 4 in the official gazette any unit of a rupee under such name as it thinks fit clause 8 of the bill empowers the government to'call in with effect from such date: as may be specified in the notification in the official gazette any coin of whatever date or denomination to cease to-be a legal tender from such date clause 23 of the bill empowers the government to pass an order published in the official gazette toremove the difficulty arising in giving effect to the provisions of this act clause 24 of the bill empowers the government to make rules, by notification i in the official gazette, to carry out the purposes of this act clause 25 of the bill provides that every rule made under this act shall be laid before each house of parliament, the matters in respect of which notification may be issued or rules to be made under "the aforesaid provisions pertain to procedure or administrative detail and itis not practicable to provide for them in the bill itself, the delegation of legislative power is, therefore, ofa' normal character :

Parliament_bills

fc8f761d-e611-5d1b-a6a8-2d8be8a7db0f

bill no 55 of 2017 the appropriation (no 2) bill, 2017 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2016-17be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the appropriation (no 2) act, 2017issue of rs1135055,69,00,000 out of the consolidated fund of india for the financial year 2016-17appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund rs rs rs1department of agriculture, cooperation and farmerswelfare revenue5233,96,00,0005233,96,00,000capital22,21,00,00022,21,00,0002department of agricultural research and education revenue3,00,0003,00,0003department of animal husbandry, dairying and fisheries revenue2,00,0002,00,0004atomic energy revenue298,87,00,000298,87,00,000capital1124,03,00,0001124,03,00,0005ministry of ayurveda, yoga and naturopathy, unani,siddha and homoeopathy (ayush) revenue3,00,0003,00,000capital5,00,00,0005,00,00,0006department of chemicals and petrochemicals revenue39,00,00039,00,0007 department of fertilisers revenue2,00,0002,00,0008department of pharmaceuticals revenue2,00,0002,00,000capital100,00,00,000 100,00,00,0009ministry of civil aviation revenue1,00,0001,00,000capital69,07,00,00069,07,00,00010ministry of coal revenue195,36,00,000195,36,00,00011department of commerce revenue4,00,0004,00,000capital6,00,00,0006,00,00,00012department of industrial policy and promotion revenue1,00,0001,00,00013department of posts revenue150,41,00,0003,08,00,000153,49,00,000capital1,00,0001,00,00014department of telecommunications revenue3440,46,00,0004,27,00,0003444,73,00,000capital1,00,0001,00,00015department of electronics and information technology revenue97,62,00,00097,62,00,000capital1,00,0001,00,00016department of consumer affairs revenue3502,60,00,0003502,60,00,00017department of food and public distribution revenue14,26,00,0002,32,00,00016,58,00,000capital1,00,000 1,00,00018ministry of corporate affairs revenue5,37,00,0005,37,00,00019ministry of culture revenue3,00,0003,00,00020ministry of defence (misc) revenue1052,72,00,0001,45,00,0001054,17,00,000capital3,00,00077,00,00,00077,03,00,00021defence pensions revenue3292,94,00,00036,00,0003293,30,00,00022defence services (revenue) revenue5551,91,00,0005551,91,00,00023capital outlay on defence services capital1,00,0002,46,00,0002,47,00,00024ministry of development of north eastern region revenue92,90,00,00092,90,00,00025ministry of drinking water and sanitation revenue1,00,0001,00,00027ministry of environment, forests and climate change revenue11,91,00,00011,91,00,000| 1 | 2 | 3 ||-----------------------|-----------------------------------------------------------|-------------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 28 | ministry of external affairs revenue | 1,00,000 || 29 | department of economic affairs revenue | 5889,22,00,000 || capital | 2,00,000 | || 30 | department of financial services revenue | 1,00,000 || capital | 3586,38,00,000 | || c | | || harged | | || - | | || interest payments | | || revenue | | || 1112,35,00,000 | | || 1112,35,00,000 | | || 32 | tranfers to states revenue | 3000,00,00,000 || c | | || harged | | || - | | || repayment of debt | | || capital | 1085437,69,00,000 | 1085437,69,00,000 || 36 | indian audit and accounts department revenue | 15,00,00,000 || 37 | department of revenue revenue | 7,02,00,000 || capital | 1,00,000 | || 38 | direct taxes revenue | 280,17,00,000 || 39 | indirect taxes revenue | 280,00,00,000 || 41 | ministry of food processing industries revenue | 92,96,00,000 || 42 | department of health and family welfare revenue | 1448,47,00,000 || capital | 1,00,000 | || 43 | department of health research revenue | 2,00,000 || 44 | department of heavy industry revenue | 623,15,00,000 || capital | 400,02,00,000 | || 46 | ministry of home affairs revenue | 209,06,00,000 || 48 | police revenue | 965,08,00,000 || 50 | ministry of housing and urban poverty alleviation revenue | 2,00,000 || 51 | department of school education and literacy revenue | 5,00,000 || 52 | department of higher education revenue | 11,21,00,000 || 53 | ministry of information and broadcasting revenue | 57,36,00,000 || 54 | ministry of labour and employment revenue | 1,00,000 || 56 | law and justice revenue | 2,00,000 || 58 | ministry of micro, small and medium enterprises revenue | 1697,90,00,000 || 59 | ministry of mines revenue | 1,00,000 || 60 | ministry of minority affairs revenue | 1,00,000 || 61 | ministry of new and renewable energy revenue | 1,00,000 || 67 | ministry of planning revenue | || 1,00,000 | | 1,00,000 || 68 | ministry of power revenue | 585,90,00,000 || capital | 296,26,00,000 | || 70 | lok sabha revenue | || 15,00,000 | | || 15,00,000 | | || 74 | ministry of road transport and highways revenue | 2041,41,00,000 || capital | 1,00,000 | || 75 | department of rural development revenue | 898,98,00,000 || 77 | department of science and technology revenue | 2,00,000 || 78 | department of scientific and industrial research revenue | 1,76,00,000 || 80 | ministry of shipping revenue | 30,05,00,000 || capital | 28,37,00,000 | || 1 | 2 | 3 ||----------------------------|---------------------------------------------------------------|---------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || rs | rs | rs || 81 | ministry of skill development and entrepreneurship revenue | 1,00,000 || 82 | department of social justice and empowerment revenue | 30,45,00,000 || 83 | department of empowerment of persons with | || disabilities revenue | 3,00,000 | || 84 | department of space revenue | 299,14,00,000 || capital | 1,00,000 | || 85 | ministry of statistics and programme implementation revenue | 1,00,000 || 86 | ministry of steel revenue | 200,00,00,000 || 110,00,00,000 | | || 310,00,00,000 | | || 87 | ministry of textiles revenue | 4,00,000 || 88 | ministry of tourism revenue | 1,00,000 || 89 | ministry of tribal affairs revenue | 1,51,00,000 || 121,17,00,000 | | || 122,68,00,000 | | || 90 | andaman and nicobar islands revenue | 620,43,00,000 || capital | 9,00,000 | || 91 | chandigarh revenue | 30,96,00,000 || 92 | dadra and nagar haveli revenue | 58,10,00,000 || capital | 2,00,000 | || 93 | daman and diu capital | 3,00,00,000 || 94 | lakshadweep revenue | 1,00,000 || 95 | ministry of urban development revenue | 1,00,000 || capital | 5,00,000 | || 1,60,00,000 | | || 1,65,00,000 | | || 96 | ministry of water resources, river development and | || ganga rejuvenation revenue | 6,01,00,000 | || 40,00,000 | | || 6,41,00,000 | | || capital | 1,00,000 | || 97 | ministry of women and child development revenue | 217,20,00,000 || 98 | ministry of yourth affairs and sports revenue | 2,00,000 || t | | || otal | | || : | | || 48181,39,00,000 | | || 1086874,30,00,000 | | || 1135055,69,00,000 | | | statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 2016-17arun jaitley ———— president's recommendation under article 117 of the constitution of india[copy of fno 4(26)-b(sd)/2016, dated 1532017 from shri arun jaitely, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed bill to authorize payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2016-17, recommends under article 117(1) and (3) of the constitution of the appropriation (no 2) bill, 2017 in the lok sabha and also the consideration of the bill lok sabha———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2016-17————gmgipmrnd—5189ls(s3)—17-03-2017

Parliament_bills

fd6346e7-a76b-5d8a-8a74-05e17010b064

bill no 49 of 2014 the constitution (amendment) bill, 2014 byshri vincent h pala, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2014 2 in the eighth schedule to the constitution, existing entries 9 to 22 shall be renumbered as entries 10 to 23, respectively, and before entry 10 as so re-numbered, the following entry shall be inserted, namely:—"9 khasi" statement of objects and reasons'khasi' language is widely spoken in the state of meghalaya and other adjoining north-eastern states such as mizoram, nagaland, tripura and assam the language is also spoken by a sizeable population living in bangladesh close to the indian border in meghalaya alone nearly twenty lakh people speak khasi in other parts, the number of people who speak this language, though yet to be estimated, may be nearly twenty lakhs roman script is used for writing khasi khasi is rich in folklore and folk tale the language has immense valuable history and heritage the celebrated poet soso tham commonly revered as the 'bard of the khasis' had added embellishment and enrichment to the khasi language a demand for adorning him on the indian postage stamp is still pending with the central governmentthere is a long pending demand from the khasi-speaking people to include khasi language in the eighth schedule to the constitution so that it is accorded a place of pride in the comity of languages mentioned in the eighth schedule such an inclusion would bring khasi speaking people from the meghalaya and other north-eastern states into the mainstream and make them feel more patrioticthe bill, accordingly, seeks to amend the constitution with a view to include khasi language in the eighth schedule annexure extract from the constitution of india eighth schedule[articles 344(1) and 351] languages1 assamese 2 bengali 3 bodo 4 dogri 5 gujarati 6 hindi 7 kannada 8 kashmiri 9 konkani10 maithili 11 malayalam 12 manipuri 13 marathi 14 nepali 15 oriya 16 punjabi 17 sanskrit 18 santhali 19 sindhi 20 tamil 21 telugu 22 urdu ———— a billfurther to amend the constitution of india————(shri vincent h pala, mp)gmgipmrnd—758ls(s-3)—01072014

Parliament_bills

06b7b52f-02a8-5b0e-b35f-ed71b08cd37d

bill no xxxii of 2014 the citizenship (amendment) bill, 2014 a billfurther to amend the citizenship act, 1955be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the citizenship (amendment) act 2014short title and commencement(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appointamendment of section 957 of 19552 in section 9 of the citizenship act, 1955 in sub-section (1) after the first proviso thefollowing proviso shall be inserted, namely:—''provided further that no citizen of india, shall be deemed to have lost his citizenship merely on grounds of his or her availing the facility conferred by the order enacted by portuguese government, of registering their births in portugal, to the indians citizens, residing in the territory of erstwhile union territory of goa, daman and diu and the union territory of dadra and nagar haveli, then ruled by the government of portugal, unless such indian citizens voluntarily apply for the citizenship of that country with specific intension of renouncing the citizenship of india statement of objects and reasonsthousands of goans born in ''estado da india'', ie goa, daman & diu, prior to19121961, and in dadra & nagar haveli, prior to 21081954 and their births registered in the civil registration offices of these territories before the above mentioned dates have been given a facility by the portuguese government by issuing an order in 2006, to register their birth in portugalthere is an urgent need that thousands of other indian citizens who were residing in the erstwhile union territory of goa, daman and diu and dadra and nagar haveli who got their births registered in portugal, in the last seven to eight years in the bonafide belief that such a registration will help them to go to europe freely, without any hassles, and whereas, some others, believed that the facility may help them easy access to the foreign universities there was, apparently, no intention, of the most of the applicants that, in the process, they would lose the indian citizenshiprecently, a member of goa by assembly, who had registered his birth in portugal availing the above said facility has been declared, by an order issued by the central govt under the citizenship act, 1955, as having caused his citizenship in indiathe issue has taken a complicated turn as these thousands of indian citizens are likely to be considered as non-citizens and there is a danger of ceasing indian citizenship if the provisions of indian citizenship are not interpreted by taking into this backgroundhence, this billshantaram naikrajya sabha—————a billfurther to amend the citizenship act, 1955—————(shri shantaram naik, mp)gmgipmrnd—3788rs(s3)—18-12-2014

Parliament_bills

0b3f47d1-24f2-5d7c-89ee-97e8b816dc00

bill no 63 of 1989 the national waterway (quilon-kottapuram stretch of west coast canal and champakara and udyogmandal canals) bill, 1989 a billto provide for the declaration of the quuonkottapuram stretch of west coast canal and champakara and udyogmandal canals to be a nationaz waterway and also to provide for the regulation and developmje:nt of the said stretch and the canals for purposes of bhipping and navigation on the said waterway and for matters comt<ected therewith or incidental thereto bb it enacted by parliament in the fortieth year of the republic of india as follows:-short title alld commencement 1 (1) this act may be called the natiod8l waterway (quilon-kottapuram stretch of west coast canal and champakara and udyog-5 mandai canals) act, 1989 (2) it shall come into force en such date u the central govemment may, by notiftcadon in the oftldal gazette, appoint 2 the quilon-kottapuram stretch of west coast canal and champakara and udyogmandal canals, the limits of which are specifted in the schedule is hereby declared to be a national waterway declaration of quilon-kottapu-118m stretch of west coast canal and champaleara and udyogmandal cana1s to be a national waterway 3 it is hereby declared tbat it is expedient ill the public interest that the union should take under its control the regulation ad development 5 of quilon-kottapuram streteh of west coast caaal add champabra add udyopumdal canals for purposes of shippidg and navipuon on the national waterway to the extent provided in the inland waterways authority of india act, 1985 i 82 of 1985 declaration as to expediencyof control by the union of quilonltottapuram stretch of west coast canal ancj champakara and udyogman' dal ' canals for certain purposes the schedule (see section 2) limits of the national watgway (quilon'-ko'n'ap'ujlam stre1'cl1 of weer cqast canal and ciiampakaba and udyoomandal canals)the northern limit of the west coast canal shall be a line drawn across the riwr periyar at a distance of 10 kilometer upsteream of kat- 15 tapuram road btid~e (nh-17) connecting maliankara 4uld valiapauikan 'ibunthu, and the southern limttshall be a line drawn across the ashtamudy kayal at a distance of 100 meters south of quilon jetty the champakara canal starting frem the codfiuence with the west cout canal and ending at the l'ailway bridge (railway widing for coehtn 20 oil refinery) near fertilizers and chemicals tranvancore ltd, boat brain the udyctpwldal·c~llw'unl from the ooa4uence with· west· coast canal and ending at the pldalam·,oad i~ (doer-byar) in view of lack of suitable organisation and the paucity of resources with the state governments the development of inland water transport has not made much headway there are certain advantages in this mode of transport such as, low cost of transport, eneray emciency, generation of employment among weaker sections of the community and less of ponution the various committees set up by the government for the purpose of looking into this matter recommended that the central government shauld declare certain waterways as national waterways and assume responsibility for their development 2 the central government have already constituted the inland waterways authority of india under the inland waterways authority of india act, 1985 (82 of 1985) for the regulation and development of inland waterways for purposes of shipping and navigation 3 allahabad-haldia stretch of the ganga-bhagirathi-hoogbly ri-'9t!lr and the sadiya-dhubri stretch of the brahmaputra riff!' ha'le already been declared as national waterways and tke inland waterways authmity of india has taken up the development, maintellance and man-agement of these waterways 4 it is dow plopesed to deelue the' qatlodmitmtapuiiim stntab " "nest coast canal and champaltara and udyogmandal canall the tkw national waterway infomnation cljiii'edtly available 1ncitcates that theinfrastractural faeilitses el8entiauy required for safe aad: eon98llledt &hipping and na~gaticm are not adequate for ili8f:afme4 operatiob , liirp mechanised crafts regulation and developmerrt ot quilon-kottapuram stretch of west coast canal and champakara and udyogmandal canals for purposes of shipping and navigation on the proposed national waterway under the control of the union ts in the public interest and· declaration to that effect has also been made in the !rill 5 the biu seeks to acbiev:e the above objects n1!!w 0i:lm; the 7th august 1989 raj1!sh piidr the effect of clause 3 of the bill will be to entrust the responsibility to regulate and develop the proposed national waterway for the purposes of shipping and navigation to tne union the regulation and development of the proposed national waterway will be carried out by the inlancj waterways authority of india constituted under the inland waterways authority of india act, 1985 (82 of 1985) consequently, three distinct functions namely, development, maintenance and management will devolve on the inland waterways authority of india the financial implications are indicated in the succeeding paragraphs 2 it has been visualised that the total originating traftic in the region is 10904 million tonnes and the total terminating traffic in the region would be 998 million tonnes out of this, the estimated share of inland water transport would be 173 million tonnes after full development of the proposed national waterway by 1992-93, the anticipated inland water transport traffic may be 308 million tonnes this traftic is expected to be handled at 14 terminals, namely, kottapuram, ernakulam, cochin, vaikom, shartallai, veehoor, ambalapuzha, trikkummapuzha, arattupuma, kayamkulam, chavara, asthamudi, arookutty and quilon 3 the development of the canals and the infrastructural facilities so as to eater to the requirements of shipping and navigation to handle the above mentioned tramc include development of the waterway for navigation, channel marking, construction of jetties, transit sheds, installation of handling equipment, etc it is estimated that the expenditure with respect to the said infrastructural facilities will be of the order of rs 4284 crores this expenditure will be of a non-recurring nature 4 in addition to the said expenditure of non-recurring expenditure, it is estimated that an expenditure of recurring nature of the order of rs 120 crores annually will be incurred for maintenance of infrastructural facilities 5 the declaration of the proposed stretch of the west coast canal and champakara and udyogmandal canals as national waterway and to provide for ~he regulation and development of the said canal for purposes of ~ping and navigation is not expected to involve any other expenditure of recurring or non-recurring nature 1 - - billto provide for the declaration of the quilon-kottapuram stretch of west coast canal and champakara and udyogmandal canals to be a national waterway and also to provide for the regulation and devel0pment of the said stretch and the canals for purposes of shipping and navigation on the said waterway and for the matters connected therewith or incidental thereto , " tt1tniport)

Parliament_bills

871c3b7e-90fe-53c7-bda1-a77b66a2415f

the press and registration of books and publications bill, 2011———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii printing presses and publications3 particulars to be printed on books and publications 4 owner of printing press to make declaration 5 who may bring out a publication 6 verification and registration of title 7 printer and publisher of a publication to make declaration 8 prohibition as to making declaration under section 7, or editing of a publication, incertain cases9 limits of foreign news content, foreign investment, etc10 authentication of declaration 11 deposit of declaration 12 inspection and supply of copies of declaration 13 office copy of declaration to be prima facie evidence 14 new declaration by persons who have signed a declaration and subsequently ceasedto be printer or publisher or owner15 authentication and filing of declaration made under section 14 16 inspection and supply of copies of declaration made under section 14 17 putting up copy of declaration in evidence 18 person whose name has been incorrectly published as editor may make a declarationbefore a specified authority19 cancellation of declaration 20 appeal chapter iii delivery of books and publications21 copies of books printed to be delivered gratis to government 22 receipt for copies delivered under section 21 23 disposal of copies delivered under section 21 24 copies of publication printed in india to be delivered gratis to government25 copies of publication delivered to press registrar general chapter iv registration of books clauses26 registration of memorandum of books 27 publication of memorandum registered chapter v registration of publications28 appointment of press registrar general and other officers 29 register of publications 30 certificate of registration 31 annual statement, etc to be furnished by publisher 32 returns and reports to be furnished by publisher 33 right to access to records and documents 34 circulation verification 35 annual report 36 furnishing of copies of extract from register 37 production of documents before press registrar general chapter vi penalties38 penalty for printing contrary to section 3 39 penalty for owning press without making declaration required by section 4 40 penalty for failure to make a declaration under section 14 41 penalty for not delivering books or not supplying printer with maps 42 penalty for failure to supply copies of publications gratis to government 43 punishment for making false statement 44 penalty for printing or bringing out publication without conforming to theprovisions of this act45 penalty for failure to supply copies of publications to press registrar general 46 penalty for failure to produce documents before press registrar general 47 penalty for contravention of section 31 or section 32 48 recovery of forefeitures and disposal thereof and of fines 49 cognizance of offence chapter vii miscellaneous50 delegation of powers 51 press registrar general and other officers to be public servants 52 protection of action taken in good faith 53 power of central government to make rules 54 power of state government to make rules 55 power to exclude any class of books and publications from operation of act 56 power to remove difficulties 57 repeal and saving bill no 124 of 2011 the press and registration of books and publications bill, 2011 a billto amend and consolidate the laws relating to press and registration of books and publicationsbe it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the press and registration of books and publications act,20115short title, extent and commencement(2) it extends to the whole of india:provided that any reference in this act to any law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law in force in that state10(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "appellate board" means the press and registration appellate board constituted under sub-section (1) of section 20;5(b) "book" includes every volume, part or division of a volume and pamphlet in any language and every sheet of music, map, chart or plan separately printed, other than newspaper, magazine, journal and newsletter, and has no definite periodicity;(c) "editor" means a person, whether called editor, chief-editor, sub-editor or by whatever name called, who is a citizen of india and ordinarily resides in india, who controls the selection of the matter that is brought out in a publication;10(d) "electronic form" in reference to information means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device;15(e) "facsimile edition" of a publication means an exact replica in full or in part of the original edition of a foreign publication; subject to the condition that any page is not published in part;(f) "financial year" means the year beginning on the 1st april and ending on the31st march next following;(g) "foreign publication" means any publication published in a country outside india;20(h) "journal" means a periodical publication other than a newspaper, magazine or newsletter containing comments or write-ups on specific subjects;(i) "known foreign publication" means such foreign publication as may be prescribed;25(j) "magazine" means a periodical publication containing comments or write-ups on general subjects including public news or comments on public news;(k) "newsletter" means a periodical publication brought out by a group or organisation or institution to present information to its members or stakeholders, on subjects of common interests;30(l) "newspaper" means a publication of loose folded sheets usually printed on newsprint brought out daily or often or atleast once in a week, containing public news or comments on public news;(m) "owner" means a person who owns the publication; (n) "prescribed" means prescribed by rules made under this act; (o) "press registrar general" means the press registrar general of india, appointed by the central government under section 28;35(p) "printer" means a person nominated by the owner to be responsible for printing;(q) "printing" means reproduction through any technology involving mass production of copies excluding photocopying;40(r) "publication" means newspapers, magazines, journals or newsletters printed periodically and published in india including its reproduction in electronic form, or any syndication, facsimile edition, and indian edition of periodical published outside india;(s) "publisher" means a person who prepares and causes the publication to be brought out;45(t) "register" means the register of publications maintained under section 29;(u) "specified authority" means a district magistrate or deputy commissioner or commissioner of police, as the case may be, or any other executive magistrate or an officer authorised in writing by the district magistrate or deputy commissioner or commissioner of police, as the case may be;5(v) "syndication" means sourcing content from other publications which hasbeen or is being published and the credit is given for the source in the byline of publications;(w) "title" in relation to a publication means a word or combination of words and does not include abbreviations chapter ii10 printing presses and publications3 (1) every book or publication printed within india shall have legibly printed on it the date of its publication, name of the owner, printer, publisher, editor and complete address of place of printing and of the publicationparticulars to be printed on books and publications15(2) in case an edition of a publication is being printed from more than one location, thename of the printer and each printing press with their complete address shall be disclosed in the imprint line of each print4 (1) every person who owns and operates any press for the printing of books or publications shall make and subscribe a declaration in such form as may be prescribed, before the specified authority within whose local jurisdiction such press is kept20owner of printing press to make declaration(2) as often as the place where a press is kept is changed, a fresh declaration shall be necessary:provided that where the change is for a period not exceeding sixty days and the place where the press is kept after the change is within the local jurisdiction of the specified authority referred to in sub-section (1), no fresh declaration shall be necessary if —25(a) a statement relating to the change is furnished to the said specified authority within three days thereof; and(b) the owner of the press continues to be the same5 a person, being an entity incorporated and registered in india under any law for the time being in force, or a citizen of india, may bring out a publication:30who may bring out a publicationprovided that no person who has been convicted by any court for an offence —(i) involving terrorist act or unlawful activity; or (ii) for having done anything against the security of the state, shall bring out a publication3537 of 1967explanation—for the purpose of this section, the expression "terrorist act" or"unlawful activity" shall have the meanings respectively assigned to them in clauses (k) and(o) of sub-section (1) of section 2 of the unlawful activities (prevention) act, 1967verification and registration of title6 (1) the owner of any proposed publication may make an application proposing one or more titles, not exceeding five, in order of preference to the specified authority for verification of one of titles of the publication:40provided that if the owner of the proposed publication is an entity incorporated and registered in india, the authorised signatory shall make an application on behalf of that entity under this section45(2) the application referred to in sub-section (1) shall be in such form and accompanied by such fees as may be prescribed(3) the specified authority may after verification of antecedents of the applicant and after satisfying himself about the eligibility of such applicant, within a period of three months, recommend or reject the application:5provided that no such application shall be rejected unless the person concerned had been given an opportunity of being heard(4) on receipt of the recommendation from the specified authority under sub-section(3), the press registrar general shall in writing and in such manner as may be prescribed, approve one of the title or reject all the proposed titles if such titles are—(a) the same or similar to that of any existing publication, except in the case of publications owned by the same person; or10(b) obscene; or (c) similar to name of symbols of terrorists or terrorist organisations either in full or in abbreviated form;(d) same or similar to that of a known foreign publication15(5) the decision of the press registrar general as to title under sub-section (4) shall be final(6) without prejudice to the other provisions of this act, every title of a publication approved under this section shall, if the authenticated declaration made under section 10 is not filed with the press registrar general within a period of six months from the date of such approval, be deemed to have been cancelled and become available to new applicants:20provided that the press registrar general may, if he is satisfied that the delay in filing the authenticated declaration by the applicant was beyond the control of the applicant, extend the time for such period, not exceeding four months, after recording the reasons in writing25(7) any owner of a publication may, after registration, transfer the title of such publication to any person, in such manner as may be prescribed(8) a title verified under this section, if not registered under section 30 within one year of its verification, shall stand cancelled:30provided that the press registrar general may, in exceptional cases, grant further period of four months to those publications where the delay is due to reasons beyond the control of the title holder357 (1) the printer and the publisher of every publication shall appear in person or by agent authorised in this behalf, before a specified authority within whose local jurisdiction such publication shall be printed or published, and make and subscribe a declaration in duplicate, in such form as may be prescribedprinter and publisher of a publication to make declaration(2) every declaration made under sub-section (1) shall specify the title of the publication, the language in which it is to be published and the periodicity of its publication40(3) where the printer or publisher of a publication making a declaration under subsection (1) is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the owner authorising such person to make and subscribe such declaration(4) a declaration made in respect of a publication under sub-section (1) and authenticated under section 10 shall be necessary before the publication can be published45(5) where the periodicity of a publication is changed, the declaration shall cease to have effect and a fresh declaration shall be necessary before the publication can be continued(6) as often as the ownership of a publication is changed, a fresh declaration shall be necessary(7) as often as the place of printing or publication is changed, a fresh declaration shall be necessary:5provided that where the change is for a period not exceeding thirty days and the placeof printing or publication after the change is within the local jurisdiction of the specified authority referred to in sub-section (1), no fresh declaration shall be necessary if —(a) a statement relating to the change is furnished to the said specified authoritywithin three days thereof; and(b) the printer or publisher or the printer and publisher of the publication continueto be the same10(8) as often as the printer or the publisher who shall have made such declaration as isaforesaid shall leave india for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a fresh declaration shall be necessary15(9) every declaration made in respect of a publication shall be void, where the publicationdoes not commence—(a) within six weeks of the authentication of the declaration under section 10 inthe case of a publication to be published once a week or oftener; and20(b) within three months of the authentication of the declaration under section 10,in the case of any other publication,and in every such case, a fresh declaration shall be necessary before the publication can be brought out(10) every existing declaration in respect of a publication shall be cancelled by the specified authority before whom a fresh declaration is made and subscribed in respect of the same25(11) the declaration shall cease to have effect if the publication has not been broughtout as per the declared periodicity, for a period exceeding one year, and in all such cases the registration number and the title shall be deemed to have been cancelled9 of 1875308 no person, who does not ordinarily reside in india, or who has not attained majorityin accordance with the provisions of the indian majority act, 1875 or of any law for the time being in force to which he is subject in respect of the attainment of majority, shall be permitted to make a declaration under section 7, or edit a publicationprohibition as to making declaration under section 7, or editing of a publication, in certain cases9 (1) without prejudice to the other provisions of this act, no publication shall be printed and published in india except with the prior approval of the central government granted in this behalf, if —-35limits of foreign news content, foreign investment, etc(a) such publication is owned by any individual who is not an indian citizen or unincorporated body of individuals or body corporate incorporated under the law of any country other than india; or(b) its title is same or similar to a known foreign publication; or (c) its foreign news content in an issue of an indian publication exceeds the limit prescribed for such publication; or40(d) such publication has investment from any individual who is not an indian citizen or unincorporated body of individuals or body corporate incorporated under the law of any country other than india; or(e) it is a facsimile edition of a known foreign publication(2) any person who intends to print or bring out a publication referred to in subsection (1) may make an application to the central government for its prior approval in such form and accompanied by such fee as may be prescribed5(3) the central government may, subject to such terms and conditions as it may deemfit, grant approval for printing or publishing the publication referred to in sub-section (1) orrefuse to grant such approval after recording the reasons thereof:provided that no such refusal shall be made unless that person concerned has beengiven an opportunity of being heardauthentication of declaration1010 (1) the specified authority, before whom declaration has been made under this actshall within a period of two months, authenticate each of the two originals of the declaration, with his signature and official seal with date or through his electronic signature with date:provided that the specified authority shall not authenticate the declaration made undersection 7 unless it is accompanied by a title approved under sub-section (4) of section 6:25 of 186715provided further that any declaration so made and authenticated under the provisions of the press and registration of books act, 1867 before the commencement of this act shall be deemed to have been made and authenticated under the corresponding provisions of this act| ( | 2 ||------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|| order refusing to authenticate the declaration, shall be forwarded as soon as possible to the | || person making and subscribing the declaration and also to the press registrar general | || 20 | || deposit of | || declaration | || 11 | one of the originals of the declaration referred to in section 10 shall be deposited || among the records of the office of the specified authority | || 25 | || inspection and | || supply of | || copies of | || declaration | || 12 | the officer-in-charge of each original shall allow any person to inspect that original || on payment of a fee of one hundred rupees, and shall give to any person applying a copy of | || the said declaration, attested by the seal of the court which has the custody of the original, | || on payment of a fee of two hundred rupees | || office copy of | || declaration to | || be | prima facie || evidence | || 30 | || 35 | |13 in any legal proceeding, whether civil or criminal, the production of a copy of declaration so authenticated under section 10 or section 15, attested by the seal of the specified authority or in case of the editor, a copy of the publication containing his name printed on it as that of the editor or in case of more than one editor, the editor finally responsible for the selection of the matter shall be held (unless the contrary be proved ) to be sufficient evidence, as against the person whose name shall be subscribed to such declaration, or printed on such publication, as the case may be, that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every publication whereof the title shall correspond with the title of the publication mentioned in the declaration, or the editor of every portion of that issue of the publication, of which a copy is produced4014 (1) if any person has subscribed to any declaration in respect of a publication under section 7 and the declaration has been authenticated by a specified authority under section 10 and subsequently that person ceases to be the printer or publisher or owner of publication mentioned in such declaration, he shall appear in person or through his authorised representative before the specified authority and make and subscribe a declaration in duplicate, in such form as may be prescribednew declaration by persons who have signed a declaration and subsequently ceased to be printer or publisher or owner45(2) the owner shall also file declaration for change of printer or publisher by appearing before the specified authority concerned and make and subscribe a declaration in duplicate, in such form as may be prescribed15 (1) each original of the declaration made under section 14 shall be authenticated by the signature with date and seal of the specified authority before whom the said declaration shall have been made, and one original of the said declaration shall be filed along with original of the declaration authenticated under section 1050authentication and filing of declaration made under section 14(2) a copy of the declaration attested by the official seal of the specified authority under sub-section (1) shall be forwarded to the press registrar general5inspection and supply of copies of declaration made under section 1416 the officer-in-charge of each original of the declaration made under section 14shall allow any person applying to inspect that original, on payment of a fee of one hundred rupees, and shall give to any person applying a copy of the said declaration, attested by the seal of the specified authority having custody of the original, on payment of a fee of two hundred rupees10putting up copy of declaration in evidence17 in all trials in which a copy attested, of the former declaration have been put inevidence, it shall be lawful to put in evidence a copy, attested, of the latter declaration, and the former declaration shall not be taken to be evidence that the declarant was, at any period subsequent to the date of the latter declaration, printer or publisher of the publication therein mentioned15 20person whose name has been incorrectly published as editor may make a declaration before a specified authority18 (1) if any person, whose name has appeared as editor on a copy of a publication, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a specified authority and make a declaration in such form as may be prescribed, that his name was incorrectly published in that issue as that of the editor thereof, and if the said specified authority, after making such inquiry or causing such inquiry to be made as he may consider necessary, is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given, the provisions of section 13 shall not apply to that person in respect of that issue of the publication(2) the specified authority may extend the period under sub-section (1) in case he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period25cancellation of declaration3019 (1) if, on an application made to him by the press registrar general or any otherperson or otherwise, the specified authority empowered to authenticate a declaration under this act, is of opinion that any declaration made in respect of a publication should be cancelled, he may, after giving the person concerned an opportunity of showing cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that —(a) the publication, in respect of which the declaration has been made is being published in contravention of the provision of this act or rules made there under; or35(b) the publication mentioned in the declaration bears a title which is the same as, or similar to, that of any other publication; or(c) the owner has ceased to be the owner of the publication mentioned in such declaration; or(d) the declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a publication,40the specified authority may, by order, cancel the declaration and shall forward a copy of the order to the person making or subscribing the declaration and also to the press registrar general45(2) on the cancellation of declaration under sub-section (1), the title and the registration certificate issued by the press registrar general shall also be deemed to be cancelled with effect from the date of such cancellation of declarationappeal20 (1) any person aggrieved by an order of a specified authority refusing to authenticate a declaration under section 10 or cancelling a declaration under section 19 may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the press and registration appellate board, to be constituted by the central government, by notification in the official gazette, consisting of a chairperson and another member, to be nominated by the press council of india, established under section 4 of the press council act, 1978, from among its members:37 of 19785provided that the appellate board may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time(2) on receipt of an appeal under this section, the appellate board may, after calling for the records from the specified authority and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against10(3) subject to the provisions contained in sub-section (2), the appellate board may, by order, regulate its practice and procedure(4) the decision of the appellate board shall be final chapter iii delivery of books and publications15copies of books printed to be delivered gratis to government21 (1) printed copies of the whole of every book which shall be printed in india together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same shall, notwithstanding any agreement between the printer and publisher thereof, if the book is published, be delivered by the printer at such place and to such officer as the state government shall, by notification in the official gazette, from time to time, direct, and free of expense to the government—20(a) in any case, within one calendar month after the day on which any such book shall first be delivered out of the press, one such copy; and25(b) if within one calendar year from such day the state government shall require the printer to deliver other such copies not exceeding two in number, then within one calendar month after the day on which any such requisition made by the state government on the printer, another such copy, or two other such copies, as the state government may direct,30the copies so delivered being bound, sewed or stitched together and upon the best paper on which any copies of the book printed and the publisher or other person employing the printer shall, before the expiration of the said month, supply the printer with all maps, prints and engravings finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid35(2) nothing in sub-section (1) shall apply to any second or subsequent edition of a book in which edition no additions or alterations either in the letter-press or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this act22 the officer to whom a copy of book is delivered under section 21 shall give to the printer a receipt in writing therefor23 (1) the copy delivered under clause (a) of sub-section (1) of section 21 shall be disposed of as the state government shall from time to time determine40(2) any copy delivered under clause (b) of the said sub-section shall be transmitted to the central governmentreceipt for copies delivered under section 21 disposal of copies delivered under section 214524 the publisher of every publication in india shall deliver at such place and to such officer as the state government may, by notification in the official gazette, direct, and free of expense to the government, two copies of each issue of such publication as soon as it is publishedcopies of publication printed in india to be delivered gratis to government25 (1) the publisher of every publication in india shall deliver free of expense one copy of each issue of such publication as and when demanded by the press registrar generalcopies of publication delivered to press registrar general(2) every publisher shall preserve one copy of every issue of the publication, either in hard copy or in electronic form and shall provide the same as and when demanded by the press registrar general chapter iv registration of books5registration of memorandum of books26 (1) there shall be kept at such office, and by such officer as the state government shall appoint in this behalf, a book to be called a catalogue of books printed in india, wherein shall be registered a memorandum of every book which shall have been delivered under clause (a) of sub-section (1) of section 21, containing the following particulars, namely :—10(a) the title of the book and the contents of the title-page, with translation intoenglish of such title and contents, when the same are not in the english language;(b) the language in which the book is written; (c) the name of the author, translator or editor of the book or any part thereof;(d) the subject;15(e) the place of printing and the place of publication; (f) the name or firm of the printer and the name or firm of the publisher; (g) the date of issue from the press or of the publication; (h) the number of sheets, leaves or pages; (i) the size;20(j) the first, second or other number of the edition; (k) the number of copies which the edition consists; (l) whether the book is printed, cyclostyled or lithographed; (m) the price at which the book is sold to the public; and25(n) the name and residence of the proprietor of the copyright or of any portion ofsuch copyright(2) the memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the copy thereof pursuant to clause (a) of sub-section (1) of section 2130publication of memorandum registered27 the memorandum registered during each quarter in the catalogue referred to in section 26 shall be published in the official gazette, as soon as may be after the end of such quarter, and a copy of the memorandum so published shall be sent to the central government chapter v registration of publications35appointment of press registrar general and other officers28 the central government may appoint press registrar general of india and such other officers under the general superintendence and control of the press registrar general as may be necessary for the purpose of performing the functions assigned to them by or under this act, and may, by general or special order, provide for the distribution or allocation of functions to be performed by them under this actregister of publications4029 (1) the press registrar general shall maintain in such manner as may be prescribed, a register of publications(2) the register shall contain the following particulars about every publication brought out in india, namely:—(a) the title of the publication;| ( | b | ) whether under foreign direct investment, facsimile edition, indian edition of ||-------------------------------------------------------------------------------------------------|---------------------------------------------------------------|-----------------------------------------------------------------------------------------|| foreign publication, if so, the details like name of the organisation or country, etc; | | || ( | c | ) the language in which the publication is published; || ( | d | ) periodicity of the publication; || ( | e | ) the name of the editor, printer and publisher of the publication; || 5 | | || ( | f | ) the places of printing and publishing; || ( | g | ) the average number of pages per week; || ( | h | ) the number of days of publication in the year; || ( | i | ) retail selling price per copy; || 10 | | || ( | j | ) the names and addresses of the owners of the publication and such other || particulars relating to ownership as may be prescribed; | | || ( | k | ) any other particulars as may be prescribed || 15 | | || ( | 3 | ) on receiving information from time to time about the aforesaid particulars, the press || registrar general shall cause relevant entries to be made in the register and may make such | | || necessary alterations or corrections therein as may be required for keeping the register | | || up-to-date | | || certificate of | | || registration | | || 20 | | || 30 | on receiving from the specified authority under sub-section ( | 2 || sub-section ( | 2 | ) of section 15 a copy of the declaration in respect of a publication, and on || bringing out of such publication, the press registrar general shall, as soon as practicable | | || thereafter, issue a certificate of registration in respect of that publication to the publisher | | || thereof | | |31 (1) it shall be the duty of the publisher, and owner in the absence of the publisher, of every publication—annual statement, etc, to be furnished by publisher25(a) to furnish to the press registrar general an annual statement in respect ofthe publication, at such time and containing such other particulars referred to in sub-section (2) of section 29, as may be prescribed;(b) to publish in the publication at such times and such of the particulars relatingto the publication referred to in sub-section (2) of section 29 as may be specified in thisbehalf by the press registrar general30(2) if a publisher or owner required to submit annual statement under this act fails tosubmit the annual statement for a consecutive period of three years, the title, declaration and the registration of the publication concerned shall stand cancelled(3) the press registrar general shall cause publication of the cancellation of anypublication in at least one daily newspaper circulating in the locality in which the publication concerned is brought out35returns and reports to be furnished by publisher32 the publisher of every publication shall furnish to the press registrar generalsuch returns, statistics and other information with respect to any of the particulars referred to in sub-section (2) of section 29 as the press registrar general may from time to time require40right to access to records and documents4533 the press registrar general or any gazetted officer authorised by him in writing inthis behalf shall, for the purpose of the collection of any information relating to a publication under this act, have access to any relevant record or document relating to the publication in the possession of the publisher thereof, and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this actcirculation verification34 (1) the press registrar general on his own or on any request made to him, mayconduct, through an officer or auditor authorised in this behalf, a verification in such manner as may be prescribed, as regard to circulation of the publication mentioned in the annual statement5(2) the verification under sub-section (1) shall be made in respect of a publicationbrought out in a financial year and not a part thereof(3) in cases where the circulation verification is conducted on the request made by the owner, publisher or any other person, the verification shall be made on payment of such fee as may be prescribed10annual report35 the press registrar general shall prepare, in such form and at such time each yearas may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the publications in india and giving an account of the working of such publications, and copies thereof shall be forwarded to the central government1536 on the application of any person for the supply of copy of any extract from theregister and on payment of such fee as may be prescribed, the press registrar general shall furnish such copy to the applicant in such form and manner as may be prescribed20| 37 ||-----------------------------------------------------------------------------------------------|| reasons for such demand by the press registrar general, produce before the press registrar || general any document referred to in any report or return submitted by such publisher, printer || or owner, within a period of thirty days from the date of receipt of the demand so made || furnishing of || copies of || extract from || register || production of || documents || before press || registrar || general | chapter vi penalties25| 38 | whoever prints or publishes any book or publication otherwise than in conformity ||--------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|| with section 3 shall be liable to a fine not exceeding five thousand rupees in addition to | || suspension of the publication for a period of thirty days | || penalty for | || printing | || contrary to | || section 3 | || 39 | whoever owns any press in contravention of the provisions of section 4 shall be || liable to a fine not exceeding five thousand rupees in addition to sealing of the printing press | || for a period of thirty days | || penalty for | || owning press | || without making | || declaration | || required by | || section 4 | |30| 40 ||--------------------------------------------------------------------------------------------|| fails or neglects to make a declaration under section 14, he shall be liable to a fine not || exceeding five thousand rupees || penalty for || failure to make || a declaration || under section 14 |35penalty for not delivering books or not supplying printer with maps4041 (1) if any printer of any such book as is referred to in section 21 neglects to delivercopies of the same pursuant to that section, he shall for every such default forfeit to the government such sum not exceeding two thousand rupees as a magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in this behalf, determine to be in the circumstances a reasonable fine for the default, and, in addition to such sum, such further sum as the magistrate may determine to be the value of the copies which the printer ought to have delivered45(2) if any publisher or other person employing any such printer neglects to supplyhim, in the matter provided in sub-section (2) of section 21 with the maps, prints or engravingswhich may be necessary to enable him to comply with the provisions of that section, such publisher or other person shall for every such default forfeit to the government such sum not exceeding two thousand rupees as such a magistrate may, on such an application, determine to be in the circumstances a reasonable fine for the default, and, in addition to such sum, such further sum as the magistrate may determine to be the value of the maps, prints or engravings which such publisher or other person ought to have supplied| 42 | if any publisher of any publication brought out in india neglects to deliver copies ||-------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|| of the same in compliance with section 24, he shall, on the complaint of the officer to whom | || copies should have been delivered or of any person authorised by that officer in this behalf, | || be liable to a fine which may extend to five thousand rupees for every default | || 5 | || penalty for | || failure to | || supply copies | || of publications | || gratis | to || government | || punishment | || for making | || false | || statement | || 43 | any person who, in making any declaration or other statement under the authority || of this act, makes a statement which is false, and which he either knows or believe to be false | || or does not believe to be true, shall be punishable with imprisonment for a term not exceeding | || six months and with fine which may extend to ten thousand rupees | || 10 | || 44 | ( || provisions of this act and rules made thereunder, or whoever edits, prints or publishes, or | || causes to be edited, printed or published any publication, knowing that the provisions of | || this act or the rules made thereunder have not been complied with, shall be punishable with | || imprisonment for a term not exceeding six months or with fine which may extend to ten | || thousand rupees, or with both | || penalty for | || printing or | || bringing out | || publication | || without | || conforming | || to the | || provisions of | || this act | || 15 | || ( | 2 || court may, in addition to the punishment imposed under the said sub-section, also cancel the | || declaration in respect of the publication | || 20 | || 45 | if any publisher of a publication brought out in india neglects to deliver the copies || of the publication as required under section 25, he shall be liable to a fine which may extend | || to five thousand rupees | || penalty for | || failure to | || supply copies | || of publications | || to press | || registrar | || general | || 46 | if the publisher, printer or owner neglects to produce any document before the || press registrar general in compliance with the provisions of section 37, he shall be liable to | || a fine which may extend to five thousand rupees | || penalty for | || failure to | || produce | || documents | || before press | || registrar | || general | || 25 | || 47 | if the publisher of any publication refuses or neglects to comply with the provisions || of section 31 or section 32, he shall be liable to a fine which may extend to five thousand | || rupees in addition to a further penalty of a sum of ten rupees for each day default | || penalty for | || contravention | || of section 31 | || or section 32 | |2 of 197445 of 186048 any sum forfeited to the government under this act and rules made thereunder may be recovered, under the warrant of a magistrate determining the sum, or of his successor in office, in the manner authorised by the code of criminal procedure, 1973 for the time being in force, and within the period prescribed by the indian penal code for the levy of a fine30recovery of forfeitures and disposal thereof and of finescognizance of offence49 (1) no court shall take cognizance of any offence under this act, except upon a complaint in writing made by the press registrar general or the specified authority or by any officer authorised by the press registrar general or the specified authority, as the case may be, for this purpose35(2) no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence under this act chapter vii miscellaneousdelegation of powers50 subject to the provisions of this act and rules made there under, the press registrar general may delegate all or any of his powers under this act to any officer subordinate to him4051 the press registrar general and all officers appointed under this act shall be deemed to be public servants within the meaning of section 21 of the indian penal code45 of 1860press registrar general and other officers to be public servantsprotection of action taken in good faith52 no suit or other legal proceedings shall lie against the central government or a state government or the press registrar general or any officer or employee authorised by the press registrar general, for anything which is in good faith done or intended to be done in pursuance of this act or the rules made thereunder553 (1) the central government may, by notification in the official gazette, make rulesunder the provisions of this act as may be necessary or desirable for carrying out the objects of this actpower of central government to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—10(a) the form in which a declaration shall be made by the owner of a publicationunder sub-section (1) of section 4;(b) the form, fees and manner of making an application under sub-section (2) ofsection 6;(c) the manner in which the press registrar general may approve or reject thetitle under sub-section (4) of section 6;15(d) the manner in which owner of a publication may transfer the title under subsection (7) of section 6;(e) the form in which a declaration shall be made by the printer and publisherunder sub-section (1) of section 7;20(f) limit in a publication, of foreign news content under clause (c), and of foreigninvestment under clause (d) of sub-section (1) of section 9;(g) the form and fee for an application under sub-section (2) of section 9;(h) the form in which fresh declaration shall be made under section 14; (i) the form in which a declaration may be made by a person whose name hasbeen incorrectly published as editor under sub-section (1) of section 18;25(j) the manner in which a register shall be maintained under sub-section (1) ofsection 29;(k) other particulars relating to ownership under clause (j), and any otherparticulars under clause (k) of sub-section (2) of section 29;30(l) the time within which and the particulars in respect of which, an annualstatement shall be furnished by the publisher or the owner of a publication, to the press registrar general under clause (a) of sub-section (1) of section 31;(m) the manner in which verification may be conducted by an officer or auditorunder sub-section (1) of section 34;35(n) the fee for verification conducted on the request made by the owner, publisheror any other person under sub-section (3) of section 34;(o) the form in which, and the time within which, annual report may be preparedby the press registrar general under section 35;(p) fee for furnishing copies of extracts from the register and the form andmanner in which such copies may be furnished under section 36;40(q) any matter relating to books referred to in chapters iii and iv; (r) any other matter which is required to be, or may be, prescribed(3) every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule5power of state government to make rules54 (1) the state government may, by notification in the official gazette, make rules inrespect of books referred to in chapters iii and iv, not inconsistent with the rules made by the central government, as may be necessary or desirable for carrying out the objects of this act10(2) every rule made by the state government under this section shall be laid, as soonas may be after it is made, before the state legislature55 the state government may, with the previous approval of the central government,by notification in the official gazette, exclude any class of books or publications from the operation of the whole or any part or parts of this actpower to exclude any class of books and publications from operation of act15power to remove difficulties56 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, in consultation with the press registrar general, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of threeyears from the commencement of this act20(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament| 57 ||-------------|| repeal and || saving || 25 of 1867 |(2) notwithstanding such repeal, —25(a) anything done or any action taken or purported to have been done or taken(including any rule, notification, inspection, order or declaration made or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under this act hereby repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;30(b) any declaration, including title thereof, so made and authenticated under theprovisions of this act hereby repealed, shall be deemed to have been made and authenticated under the corresponding provisions of this act;(c) any proceeding pending in any court at the commencement of this act maybe continued in that court as if this act has not been passed;35 40(d) the press registrar and other officers appointed under section 19a of thisact hereby repealed and holding office as such immediately before the commencement of this act, shall, on the commencement of this act, continue to hold their respective offices under the corresponding provisions of this act, unless and until they are removed or superannuated;(e) the press and registration appellate board established under this act herebyrepealed shall, continue to function under the corresponding provisions of this act, unless and until the appellate board is constituted under this act;45(f) any appeal preferred to the press and registration appellate board undersection 8c of the act hereby repealed but not disposed of before the commencement of this act may be disposed of by the appellate board constituted under this act;(g) any penalty payable under this act hereby repealed may be recovered in the manner provided by or under this act, but without prejudice to any action already taken for the recovery of such penalty under this act so repealed;5(h) any certificate of registration issued or granted under this act hereby repealedshall continue to have effect after the commencement of this act under the same conditions as if this act had not been passed10 of 1897(3) the mention of the particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal statement of objects and reasonsthe press and registration of books act, 1867 was enacted for the regulation of printing presses and newspapers for the preservation of copies of books and newspapers printed in india, and for the registration of such books and newspapers though the aforesaid act has been amended several times between 1870 and 1983, the existing provisions of the act are not adequate to cater to the phenomenal growth of the print media sector in view of the liberalised policy of the government2 the print media policy of 1955, inter alia, provides that—(i) no foreign owned newspapers and periodicals should be published in india; (ii) the foreign newspapers and periodicals dealing mainly with news and current affairs should not be allowed to bring out indian editions the aforesaid policy of 1955 was reviewed, from time to time, and as on date it, inter alia, allows—(a) the foreign direct investment up to a ceiling of twenty-six per cent of paid up equity capital in indian entities publishing newspapers and periodicals dealing with news and current affairs and hundred per cent, in the scientific, technical and specialty category subject to certain conditions;(b) the publication of facsimile editions, in whole or in part, of foreign newspapers by indian entities, with or without foreign investment, and also by foreign companies owning the original newspaper;(c) the publication of indian editions of foreign scientific, technical, specialty and news and current affairs magazines, periodicals and journals 3 in view of the liberalised policy of the government, the print media has not only attracted the foreign direct investment but also led to a phenomenal increase in the availability of the foreign scientific and technical magazines in india the print media policy of 1955, which so far prohibited bringing out of foreign publications in india, has since been reviewed from time to time and the issues of foreign direct investment, facsimile editions, indian edition of foreign newspapers, syndication, etc, are now being regulated through executive orders which needs to be supported with the statutory provisions to elicit optimum results and hassle free entry of foreign publications thus, in order to give statutory backing to the print media policy and various guidelines, it is proposed to enact a new legislation to amend and consolidate the laws relating to press and registration of books and publications4 the proposed press and registration of books and publications bill, 2011, inter alia, makes the following, namely:—(a) every book or publication printed within india shall have legibly printed on it the date of its publication, name of the owner, printer, publisher, editor and complete address of place of printing and the publication;(b) every person who owns and operates any press for the printing of books or publications shall make and subscribe a declaration in such form as may be prescribed before the specified authority within whose local jurisdiction such press is kept;(c) a person, being an entity incorporated and registered in india under any law for the time being in force, or a citizen of india, may bring out a publication, but a person who has been convicted by any court for an offence involving terrorist act or unlawful activity or for having done anything against the security of the state shall not bring out a publication;(d) the owner of any proposed publication may make an application proposing one or more titles, not exceeding five, in order of preference to the specified authority for verification of one of titles of the publication and the specified authority may after verification of antecedents of the applicant and after satisfying himself about the eligibility of such applicant, within a period of three months, recommend or reject the application; (e) the press registrar general, on receipt of the recommendation from the specified authority shall, in writing and in such manner as may be prescribed, approve one of the title and it may reject all the proposed titles if such titles are– (i) the same or similar to that of any existing publication, except in the case of publications owned by the same person; or (ii) obscene; or (iii) similar to name of symbols of terrorists or terrorist organisations either in full or in abbreviated form; or (iv) same or similar to that of a known foreign publication;(f) the printer and the publisher of every publication shall appear in person or by agent authorised in this behalf before a specified authority within whose local jurisdiction such publication shall be printed or published, and make and subscribe a declaration in duplicate in the prescribed form;(g) no person, who does not ordinarily reside in india, or who has not attained the majority in accordance with the provisions of the indian majority act, 1875 or of any law for the time being in force to which he is subject in respect of the attainment of majority, shall be permitted to make a declaration or edit a publication;(h) no publication shall be printed and published in india except with the prior approval of the central government, if—(i) such publication is owned by any individual who is not an indian citizen or unincorporated body of individuals or body corporate incorporated under the law of any country other than india; or(ii) its title is same or similar to a known foreign publication; or (iii) its foreign news content in an issue of an indian publication exceeds the limit prescribed for such publication; or(iv) such publication has investment from any individual who is not an indian citizen or unincorporated body of individuals or body corporate incorporated under the law of any country other than india; or(v) it is a facsimile edition of a known foreign publication;(i) any person aggrieved by an order of a specified authority refusing to authenticate a declaration or cancelling a declaration may prefer an appeal to the press and registration appellate board, to be constituted by the central government, consisting of a chairperson and a member, to be nominated by the press council of india from among its members;(j) the publisher of every publication shall furnish to the press registrar general the returns, statistics and other information with respect to any specified particulars;(k) it also provides for offences, punishment and penalties for contravention of the provisions of the proposed legislation5 the notes on clauses explain in detail various provisions of the bill 6 the bill seeks to achieve the above objectivesnew delhi;the 2nd december, 2011ambika soni notes on clausesclause 1— this clause provides for short title, extent and commencement clause 2—this clause provides for definitions it defines the certain expression used in the proposed legislation which, inter alia, includes: the expressions "book", "editor","electronic form", "facsimile edition", "foreign publication", "journal", "known foreign publication", "magazine", "newsletter", "owner", "press registrar general", "printer", "printing", "publication", "publisher", "syndication" and "title", etcclause 3— this clause provides for particulars to be printed on books and publicationsit provides that every book or publication printed within india shall have legibly printed on it the date of its publication, name of the owner, printer, publisher, editor and complete address of place of printing and of the publicationit further provides that in case an edition of a publication is being printed from more than one location, the name of the printer and each printing press with their complete address shall be disclosed in the imprint line of each printclause 4— this clause provides that owner of printing press to make declaration it provides that every person who owns and operates any press for the printing of books or publications shall make and subscribe a declaration in prescribed form before the specified authority within whose local jurisdiction such press is kept it further provides that whenever the place where a press is kept is changed, a fresh declaration shall be necessary but where the change is for a period not exceeding sixty days and the place where the press is kept after the change is within the local jurisdiction of the aforesaid specified authority, fresh declaration shall not be necessary if a statement relating to the change is furnished to the said specified authority within three days thereof; and the owner of the press continues to be the sameclause 5— this clause provides that who may bring out a publication it provides that a person, being an entity incorporated and registered in india under any law for the time being in force, or a citizen of india, may bring out a publicationit further provides that any person, who has been convicted by any court for an offence involving terrorist act or unlawful activity; or for having done anything against the security of the state, shall not bring out a publicationi also provides an explanation for the purpose of this clause that the expression"terrorist act" or "unlawful activity" shall have the meanings respectively assigned to them in clauses (k) and (o) of sub-section (1) of section 2 of the unlawful activities (prevention) act, 1967 (37 of 1967)clause 6— this clause provides for verification and registration of title it provides that the owner of any proposed publication may make an application in prescribed form proposing one or more titles, not exceeding five, in order of preference to the specified authority for verification of one of titles of the publication and if the owner of the proposed publication is an entity incorporated and registered in india, the authorised signatory shall make an application on behalf of that entity:it further provides that the specified authority may after verification of antecedents of the applicant and after satisfying himself about the eligibility of such applicant, within a period of three months, recommend or reject the application and if application is rejected the person concerned shall be given an opportunity of hearingit also provides that on receipt of the recommendation from the specified authority, the press registrar general shall approve one of the title or reject all the proposed titles if such titles are - (a) the same or similar to that of any existing publication, except in the case of publications owned by the same person; or (b) obscene; or (c) similar to name of symbols of terrorists or terrorist organisations either in full or in abbreviated form; or (d) same or similar to that of a known foreign publication the decision of the press registrar general as to title shall be finalit also provides that every title of a publication approved under this clause shall be deemed to have been cancelled and become available to new applicants if the authenticated declaration made under clause 10 is not filed with the press registrar general within a period of six months from the date of such approval the press registrar general may, if he is satisfied that the delay in filing the authenticated declaration by the applicant was beyond the control of the applicant, extend the time for such period, not exceeding four months, after recording the reasons in writingit also provides that any owner of a publication may, after registration, transfer the title of such publication to any person, in the prescribed mannerit also provides that a title verified under this clause, if not registered under clause 30within one year of its verification, shall stand cancelled the press registrar general may, in exceptional cases, grant further period of four months to those publications where the delay is due to reasons beyond the control of the title holderclause 7— this clause provides that printer and publisher of a publication to make declaration it provides that the printer and the publisher of every publication shall appear in person or by agent authorised in this behalf, before a specified authority within whose local jurisdiction such publication shall be printed or published, and make and subscribe a declaration in duplicate, in prescribed formit further provides that every declaration shall specify the title of the publication, the language in which it is to be published and the periodicity of its publicationit also provides that where the printer or publisher of a publication making a declaration is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the owner authorising such person to make and subscribe such declarationit also provides that a declaration made in respect of a publication under this clause and authenticated under clause 10 shall be necessary before the publication can be published and where the periodicity of a publication is changed, the declaration shall cease to have effect and a fresh declaration shall be necessary before the publication can be continued and whenever the ownership of a publication is changed or the place of printing or publication is changed, a fresh declaration shall be necessaryit also provides whenever the printer or the publisher who made such declaration leaves india for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a fresh declaration shall be necessaryit also provides that every declaration made in respect of a publication shall be void, where the publication does not commence, in the case of a publication to be published once a week or often, within six weeks of the authentication of the declaration under clause 10; and in the case of any other publication, within three months of the authentication of the declaration under clause 10, and in every such case, a fresh declaration shall be necessary before the publication can be brought outit also provides that every existing declaration in respect of a publication shall be cancelled by the specified authority before whom a fresh declaration is made and subscribed in respect of the same and the declaration shall cease to have effect if the publication has not been brought out as per the declared periodicity, for a period exceeding one year, and in all such cases the registration number and the title shall be deemed to have been cancelledclause 8— this clause provides for prohibition as to making declaration under clause 7, or editing of a publication, in certain cases it provides that no person shall be permitted to make a declaration under clause 7, or edit a publication if he does not ordinarily reside in india, or has not attained majority in accordance with the provisions of the indian majority act, 1875 (9 of 1875) or of any law for the time being in force to which he is subject in respect of the attainment of majorityclause 9— this clause provides for limits of foreign news content, foreign investment, etc it provides that without prejudice to the other provisions of proposed legislation, no publication shall be printed and published in india except with the prior approval of the central government granted in this behalf, if —(a) such publication is owned by any individual who is not an indian citizen or unincorporated body of individuals or body corporate incorporated under the law of any country other than india; or (b) its title is same or similar to a known foreign publication; or (c) its foreign news content in an issue of an indian publication exceeds the limit prescribed for such publication; or (d) such publication has investment from any individual who is not an indian citizen or unincorporated body of individuals or body corporate incorporated under the law of any country other than india; or (e) it is a facsimile edition of a known foreign publicationit further provides that any person who intends to print or bring out a publication referred to in sub-clause (1) may make an application to the central government for its prior approval in prescribed form and accompanied with prescribed feeit also provides that the central government may, subject to such terms and conditions as it may deem fit, grant approval for printing or publishing the publication referred to in subclause (1) or refuse to grant such approval after recording the reasons thereof and giving him an opportunity of hearingclause 10— this clause provides for authentication of declaration it provides that the specified authority, before whom declaration has been made under the proposed legislation shall within a period of two months, authenticate each of the two originals of the declaration, with his signature and official seal with date or through his electronic signature with date but the specified authority shall not authenticate the declaration made under clause 7 unless it is accompanied by a title approved under clause 6:it also provides that that any declaration so made and authenticated under the provisions of the press and registration of books act, 1867 before the commencement of the proposed legislation shall be deemed to have been made and authenticated under the corresponding provisions of the proposed legislationit also provides that a copy of the declaration authenticated by the specified authority, or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as possible to the person making and subscribing the declaration and also to the press registrar generalclause 11— this clause provides for deposit of declaration it provides that one of the originals of the declaration referred to in clause 10 shall be deposited among the records of the office of the specified authorityclause 12— this clause provides for inspection and supply of copies of declarationit provides that the officer-in-charge of each original shall allow any person to inspect that original on payment of a fee of one hundred rupees, and shall give to any person applying a copy of the said declaration, attested by the seal of the court which has the custody of the original, on payment of a fee of two hundred rupeesclause 13— this clause provides for office copy of declaration to be prima facie evidence it provides that in any legal proceeding, whether civil or criminal, the production of a copy of declaration so authenticated under clause 10 or clause 15, attested by the seal of the specified authority or in case of the editor, a copy of the publication containing his name printed on it as that of the editor or in case of more than one editor, the editor finally responsible for the selection of the matter shall be held (unless the contrary be proved ) to be sufficient evidence, as against the person whose name shall be subscribed to such declaration, or printed on such publication, as the case may be, that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every publication whereof the title shall correspond with the title of the publication mentioned in the declaration, or the editor of every portion of that issue of the publication, of which a copy is producedclause 14— this clause provides for new declaration by persons who have signed a declaration and subsequently ceased to be printer or publisher or owner it provides that if any person has subscribed to any declaration in respect of a publication under clause 7 and the declaration has been authenticated by a specified authority under clause 10 and subsequently that person ceases to be the printer or publisher or owner of publication mentioned in such declaration, he shall appear in person or through his authorised representative before the specified authority and make and subscribe a declaration in duplicate, in prescribed formit further provides that the owner shall also file declaration for change of printer or publisher by appearing before the specified authority concerned and make and subscribe a declaration in duplicate, in prescribed formclause 15— this clause provides for authentication and filing of declaration made under clause 14 it provides that each original of the declaration made under clause 14 shall be authenticated by the signature with date and seal of the specified authority before whom the said declaration shall have been made, and one original of the said declaration shall be filed along with original of the declaration authenticated under clause 10 and a copy of the declaration attested by the official seal of the specified authority shall be forwarded to the press registrar generalclause 16— this clause provides for inspection and supply of copies of declaration made under clause 14 it provides that the officer-in-charge of each original of the declaration made under clause 14 shall allow any person applying to inspect that original, on payment of a fee of one hundred rupees, and shall give to any person applying a copy of the said declaration, attested by the seal of the specified authority having custody of the original, on payment of a fee of two hundred rupeesclause 17— this clause provides for putting up copy of declaration in evidence it provides that in all trials in which a copy attested, of the former declaration have been put in evidence, it shall be lawful to put in evidence a copy, attested, of the latter declaration, and the former declaration shall not be taken to be evidence that the declarant was, at any period subsequent to the date of the latter declaration, printer or publisher of the publication therein mentionedclause 18— this clause provides that person whose name has been incorrectly published as editor may make a declaration before a specified authority it provides that if any person, whose name has appeared as editor on a copy of a publication, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a specified authority and make a declaration in prescribed form that his name was incorrectly published in that issue as that of the editor thereof, and if the said specified authority, after making such inquiry or causing such inquiry to be made as he may consider necessary, is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given, the provisions of clause 13 shall not apply to that person in respect of that issue of the publicationit further provides that the specified authority may extend the period under sub-clause(1) in case he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that periodclause 19— this clause provides for cancellation of declaration it provides that the specified authority empowered to authenticate a declaration under the proposed legislation may, after giving the concerned person an opportunity of hearing, cancel the declaration made in respect of a publication, if- (a) the publication, in respect of which the declaration has been made is being published in contravention of the provision of this act or rules made there under; or (b) the publication mentioned in the declaration bears a title which is the same as, or similar to, that of any other publication; or (c) the owner has ceased to be the owner of the publication mentioned in such declaration; or (d) the declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a publication, and forward a copy of the order to the person making or subscribing the declaration and also to the press registrar generalit further provides that on the cancellation of declaration under sub-clause (1), the title and the registration certificate issued by press registrar general shall also be deemed to be cancelled with effect from the date of such cancellation of declarationclause 20— this clause provides for appeal it provides that any person aggrieved by an order of a specified authority refusing to authenticate a declaration under clause 10 or cancelling a declaration under clause 19 may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the press and registration appellate board, to be constituted by the central government, by notification in the official gazette consisting of a chairperson and another member, to be nominated by the press council of india, established under section 4 of the press council act, 1978(37 of 1978), from among its members the appellate board may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in timeit also provides that on receipt of an appeal, the appellate board may, after calling for the records from the specified authority and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against and the decision of the appellate board shall be finalclause 21— this clause provides that copies of books printed to be delivered gratis to government it provides that the printed copies of the whole of every book which shall be printed in india together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same shall, notwithstanding any agreement between the printer and publisher thereof, if the book is published, be delivered by the printer at such place and to such officer as the state government shall, by notification in the official gazette, from time to time direct, and free of expense to the governmentit further provides that nothing in sub-clause (1) shall apply to any second or subsequent edition of a book in which edition no additions or alterations either in the letterpress or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under the proposed legislationclause 22— this clause provides for receipt for copies delivered under clause 21 it provides that the officer to whom a copy of book is delivered under clause 21 shall give to the printer a receipt in writing thereforclause 23— this clause provides for disposal of copies delivered under clause 21 it provides that the copy delivered under clause 21 shall be disposed of as the state government shall from time to time determine or be transmitted to the central government, as the case may beclause 24— this clause provides that copies of publication printed in india to be delivered gratis to government it provides that the publisher of every publication in india shall deliver at such place and to such officer as the state government may, by notification in the official gazette, direct, and free of expense to the government, two copies of each issue of such publication as soon as it is publishedclause 25— this clause provides that copies of publication delivered to press registrar general it provides that the publisher of every publication in india shall deliver free of expense one copy of each issue of such publication as and when demanded by the press registrar generalit further provides that every publisher shall preserve one copy of every issue of the publication, either in hard copy or in electronic form and shall provide the same as and when demanded by the press registrar generalclause 26— this clause provides for registration of memorandum of books it provides that there shall be kept at such office, and by such officer as the state government shall appoint in this behalf, a book to be called a catalogue of books printed in india, wherein shall be registered a memorandum of every book which shall have been delivered under item (a) of sub-clause (1) of clause 21, containing the particulars specified in this clauseit further provides that the memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the copy thereof pursuant to item (a) of sub-clause (1) of clause 21clause 27— this clause provides for publication of memorandum registered it provides that the memorandum registered during each quarter in the catalogue referred to in clause 26 shall be published in the official gazette, as soon as may be after the end of such quarter, and a copy of the memorandum so published shall be sent to the central governmentclause 28— this clause provides for appointment of press registrar general and other officers it provides that the central government may appoint press registrar general of india and such other officers under the general superintendence and control of the press registrar general as may be necessary for the purpose of performing the functions assigned to them by or under the proposed legislation, and may, by general or special order, provide for the distribution or allocation of functions to be performed by them under the proposed legislationclause 29— this clause provides for register of publications it provides that the press registrar general shall maintain a register of publications in prescribed mannerit further provides that the register shall contain the particulars about every publication brought out in india as are specified in this clauseit also provides that the press registrar general shall cause relevant entries to be made in the register and may make such necessary alterations or corrections therein as may be required for keeping the register up-do-date on receiving information from time to time about the aforesaid particularsclause 30— this clause provides for certificate of registration it provides that the press registrar general shall, as soon as practicable, issue a certificate of registration in respect of the publication to the publisher thereof on receiving copy of the declaration in respect of that publication, and on bringing out of such publication, from the specified authority under sub-clause (2) of clause 10 or sub-clause (2) of clause 15clause 31— this clause provides for annual statement, etc, to be furnished by publisher it provides that it shall be the duty of the publisher, and owner in the absence of the publisher, of every publication - (a) to furnish to the press registrar general an annual statement in respect of the publication, at such time and containing such other particulars referred to in sub-clause (2) of clause 29, as may be prescribed; and (b) to publish in the publication at such times and such of the particulars relating to the publication referred to in sub-section (2) of section 29 as may be specified in this behalf by the press registrar generalit further provides that if a publisher or owner required to submit annual statement under the proposed legislation fails to submit the annual statement for a consecutive period of three years, the title, declaration and the registration of the publication concerned shall stand cancelledit also provides that the press registrar general shall cause publication of the cancellation of any publication in at least one daily newspaper circulating in the locality in which the publication concerned is brought outclause 32— this clause provides for returns and reports to be furnished by publisherit provides that the publisher of every publication shall furnish to the press registrar general such returns, statistics and other information with respect to any of the particulars referred to in sub-clause (2) of clause 29 as the press registrar general may from time to time requireclause 33— this clause provides for right to access to records and documents it provides that the press registrar general or any gazetted officer authorised by him in writing in this behalf shall, for the purpose of the collection of any information relating to a publication under the proposed legislation, have access to any relevant record or document relating to the publication in the possession of the publisher thereof, and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under the proposed legislationclause 34— this clause provides for circulation verification it provides that the press registrar general on his own or on any request made to him, may conduct, through an officer or auditor authorised in this behalf, a verification in the prescribed manner, as regard to circulation of the publication mentioned in the annual statement the verification shall be made in respect of a publication brought out in a financial year and not a part thereofit further provides that in cases where the circulation verification is conducted on the request made by the owner, publisher or any other person, the verification shall be made on payment of prescribed feeclause 35— this clause provides for annual report it provides that the press registrar general shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the publications in india and giving an account of the working of such publications, and copies thereof shall be forwarded to the central governmentclause 36— this clause provides for furnishing of copies of extract from register it provides that on the application of any person for the supply of copy of any extract from the register and on payment of such fee as may be prescribed, the press registrar general shall furnish such copy to the applicant in such form and manner as may be prescribedclause 37— this clause provides for production of documents before press registrar general it provides that the publisher, printer or owner shall, on a demand made in writing, specifying the reasons for such demand by the press registrar general, produce before the press registrar general any document referred to in any report or return submitted by such publisher, printer or owner, within a period of thirty days from the date of receipt of the demand so madeclause 38— this clause provides for penalty for printing contrary to clause 3 it provides that whoever prints or publishes any book or publication otherwise than in conformity with clause 3 shall be liable to a fine not exceeding five thousand rupees in addition to suspension of the publication for a period of thirty daysclause 39— this clause provides for penalty for owning press without making declaration required by clause 4 it provides that whoever owns any press in contravention of the provisions of clause 4 shall be liable to a fine not exceeding five thousand rupees in addition to sealing of the printing press for a period of thirty daysclause 40— this clause provides for penalty for failure to make a declaration under clause 14 it provides that if any person who has ceased to be a printer or publisher or owner of any publication fails or neglects to make a declaration under clause 14, he shall be liable to a fine not exceeding five thousand rupeesclause 41— this clause provides for penalty for not delivering books or not supplying printer with maps it provides that if any printer of any such book as is referred to in clause 21 neglects to deliver copies of the same pursuant to that section, he shall for every such default forfeit to the government such sum not exceeding two thousand rupees as a magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in this behalf, determine to be in the circumstances a reasonable line for the default, and, in addition to such sum, such further sum as the magistrate may determine to be the value of the copies which the printer ought to have deliveredit further provides that if any publisher or other person employing any such printer neglects to supply him, in the matter provided in sub-clause (2) of clause 21 with the maps, prints or engravings which may be necessary to enable him to comply with the provisions of that section, such publisher or other person shall for every such default forfeit to the government such sum not exceeding two thousand rupees as such a magistrate may, on such an application, determine to be in the circumstances a reasonable line for the default, and, in addition to such sum, such further sum as the magistrate may determine to be the value of the maps, prints or engravings which such publisher or other person ought to have suppliedclause 42— this clause provides for penalty for failure to supply copies of publications gratis to government it provides that if any publisher of any publication brought out in india neglects to deliver copies of the same in compliance with clause 24, he shall, on the complaint of the officer to whom copies should have been delivered or of any person authorised by that officer in this behalf, be liable to a line which may extend to five thousand rupees for every defaultclause 43— this clause provides for punishment for making false statement it provides that any person who, in making any declaration or other statement under the authority of the proposed legislation, makes a statement which is false, and which he either knows or believe to be false or does not believe to be true, shall be punishable with imprisonment for a term not exceeding six months and with fine which may extend to ten thousand rupeesclause 44— this clause provides for penalty for printing or bringing out publication without conforming to the provisions of the proposed legislation it provides that whoever edits, prints or brings out any publication without conforming to the provisions of the proposed legislation and rules made thereunder, or whoever edits, prints or publishes, or causes to be edited, printed or published any publication, knowing that the provisions of the proposed legislation or the rules made thereunder have not been complied with, shall be punishable with imprisonment for a term not exceeding six months or with fine which may extend to ten thousand rupees, or with bothit further provides that where an offence is committed in relation to publication under sub-clause (1), the court may, in addition to the punishment imposed under the said subsection, also cancel the declaration in respect of the publicationclause 45— this clause provides for penalty for failure to supply copies of publications to press registrar general it provides that if any publisher of a publication brought out in india neglects to deliver the copies of the publication as required under clause 25, he shall be liable to a line which may extend to five thousand rupeesclause 46— this clause provides for penalty for failure to produce documents before press registrar general it provides that if the publisher, printer or owner neglects to produce any document before the press registrar general in compliance with the provisions of clause 37, he shall be liable to a line which may extend to five thousand rupeesclause 47— this clause provides for penalty for contravention of clause 31 or clause32 it provides that if the publisher of any publication refuses or neglects to comply with the provisions of clause 31 or clause 32, he shall be liable to a penalty which may extend to five thousand rupees in addition to a further line of a sum of ten rupees for each day defaultclause 48— this clause provides for recovery of forfeitures and disposal thereof and of fines it provides that any sum forfeited to the government under the proposed legislation and rules made thereunder may be recovered, under the warrant of a magistrate determining the sum, or of his successor in office, in the manner authorised by the code of criminal procedure, 1973 (2 of 1974) for the time being in force, and within the period prescribed by the indian penal code (45 of 1860) for the levy of a fineclause 49— this clause provides for cognizance of offence it provides that no court shall take cognizance of any offence under the proposed legislation, except upon a complaint in writing made by the press registrar general or the specified authority or by any officer authorised by the press registrar general or the specified authority, as the case may be, for this purposeit further provides that no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence under the proposed legislationclause 50— this clause provides for delegation of powers it provides that the press registrar general may delegate all or any of his powers under the proposed legislation to any officer subordinate to him subject to the provisions of the proposed legislation and rules made thereunderclause 51— this clause provides that press registrar general and other officers to be public servants it provides that the press registrar general and all officers appointed under the proposed legislation shall be deemed to be public servants within the meaning of section 21 of the indian penal code (45 of 1860)clause 52— this clause provides for protection of action taken in good faith it provides that no suit or other legal proceedings shall lie against the central government or a state government or the press registrar general or any officer or employee authorised by the press registrar general, for anything which is in good faith done or intended to be done in pursuance of the proposed legislation or the rules made thereunderclause 53— this clause provides for power of central government to make rules it provides that the central government may, by notification in the official gazette, make rules for carrying out the objects of the proposed legislationit further specifies the matter in respect of which such rules may be made it also provides that every rule made under the proposed legislation shall be laid as soon as may be after it is made before each house of parliamentclause 54— this clause provides for power of state government to make rules it provides that the state government may, by notification in the official gazette, make rules in respect of books referred to in chapters iii and iv, not inconsistent with the rules made by the central government, as may be necessary or desirable for carrying out the objects of the proposed legislationit further provides that every rule made by the state government under this clause shall be laid, as soon as may be after it is made, before the state legislatureclause 55— this clause provides for power to exclude any class of books and publications from operation of the proposed legislation it provides that the state government may, with the previous approval of the central government, by notification in the official gazette, exclude any class of books or publications from the operation of the whole or any part or parts of the proposed legislationclause 56— this clause provides for power to remove difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may, in consultation with the press registrar general, by order published in the official gazette, make such provisions not inconsistent with the provisions of the proposed legislation, as appear to it to be necessary or expedient for removing the difficulty:it further provides that no such order shall be made under this section after the expiry of three years from the commencement of the legislationit also provides that every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentclause 57— this clause provides for repeal and saving it provides that the press and registration of books act, 1867 is hereby repealedit further provides that notwithstanding such repeal, —(a) anything done or any action taken or purported to have been done or taken(including any rule, notification, inspection, order or declaration made or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the act hereby repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of the proposed legislation;(b) any declaration, including title thereof, so made and authenticated under the provisions of the act hereby repealed, shall be deemed to have been made and authenticated under the corresponding provisions of the proposed legislation;(c) any proceeding pending in any court at the commencement of this act may be continued in that court as if the proposed legislation has not been enacted;(d) the press registrar and other officers appointed under section 19a of the act hereby repealed and holding office as such immediately before the commencement of the proposed legislation, shall, on the commencement of this act, continue to hold their respective offices under the corresponding provisions of the proposed legislation, unless and until they are removed or superannuated;(e) the press and registration appellate board established under the act hereby repealed shall, continue to function under the corresponding provisions of the proposed legislation, unless and until the appellate board is constituted under the proposed legislation;(f) any appeal preferred to the press and registration appellate board under section 8c of the act hereby repealed but not disposed of before the commencement of the proposed legislation may be disposed of by the appellate board constituted under the proposed legislation;(g) any penalty payable under the act hereby repealed may be recovered in the manner provided by or under the proposed legislation but without prejudice to any action already taken for the recovery of such penalty under the act so repealed;(h) any certificate of registration issued or granted under the act hereby repealed shall continue to have effect after the commencement of the proposed legislation under the same conditions as if the proposed legislation had not been enacted it also provides that the mention of the particular matters in sub-clause (2) shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897) with regard to the effect of repeal financial memorandumsub-clause (1) of clause 20 provides that any person aggrieved by an order of a specified authority refusing to authenticate a declaration under clause 10 or cancelling a declaration under clause 19 may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the press and registration appellate board, to be constituted by the central government, by notification in the official gazette consisting of a chairperson and another member, to be nominated by the press council of india, established under section 4 of the press council act, 1978, from among its member2 clause 28 of the bill provides that the central government may appoint press registrar general of india and such other officers under the general superintendence and control of the press registrar general as may be necessary for the purpose of performing the functions assigned to them by or under the proposed legislation, and may, by general or special order, provide for the distribution or allocation of functions to be performed by them under the proposed legislation3 it proposed that the press registrar and other officers appointed under section 19aof the press and registration of books act, 1867 to be repealed under proposed legislation and holding office as such immediately before the commencement of the proposed legislation, shall, on the commencement of the proposed legislation, continue to hold their respective offices under the corresponding provisions of the proposed legislation, unless and until they are removed or superannuated and the press and registration appellate board established under the said repealed shall, continue to function under the corresponding provisions of the proposed legislation, unless and until the appellate board is constituted under the proposed legislation4 as the press registrar and other officers appointed under section 19a of the press and registration of books act, 1867 and the press and registration appellate board established under the said act are proposed to continue to function as such under the proposed legislation, there is no financial implication involved in the bill memorandum regarding delegated legislationclause 53 of the bill empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation subclause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include matters: (a) the form in which a declaration shall be made by the owner of a publication under sub-clause (1) of clause 4; (b) the form, fees and manner of making an application under sub-clause (2) of clause 6; (c) the manner in which the press registrar general may approve or reject the title under sub-clause (4) of clause 6; (d) the manner in which owner of publication may transfer the title under sub-clause (7) of clause 6; (e) the form in which a declaration shall be made by the printer and publisher under sub-clause (1) of clause 7; (f) limit in a publication, of foreign news content under clause (c), and of foreign investment under item (d) sub-clause (1) of clause 9; (g) the form and fee for an application under sub-clause (2) of clause 9; (h) the form in which fresh declaration shall be made under clause 14; (i) the form in which a declaration may be made by a person whose name has been incorrectly published as editor under sub-clause (1) of clause 18; (j) the manner in which a register shall be maintained under sub-clause (1) of clause 29; (k) other particulars relating to ownership under clause (j), and any other particulars under item (k) of sub-clause (2) of clause 29; (l) the time within which and the particulars in respect of which, an annual statement shall be furnished by the publisher or the owner of a publication, to the press registrar general under item (a) of sub-clause (1) of clause 31; (m) the manner in which verification may be conducted by an officer or auditor under sub-clause (1) of clause 34; (n) the fee for verification conducted on the request made by the owner, publisher or any other person under sub-clause (3) of clause 34; (o) the form in which, and the time within which, annual report may be prepared by the press registrar general under clause 35; (p) fee for furnishing copies of extracts from the register and the form and manner in which such copies may be furnished under clause 36; (q) any matter relating to books referred to in chapters iii and iv; (r) any other matter which is required to be, or may be, prescribed2 the rules made by the central government are required to be laid, as soon as they are made, before both houses of parliament3 clause 54 of the bill empowers the state government to make, by notification in the official gazette, rules in respect of books referred to in chapters iii and iv, not inconsistent with the rules made by the central government, as may be necessary or desirable for carrying out the objects of the proposed legislation4 the rules made by the state government are required to be laid, as soon as may be after it is made, before the state legislature5 the matters in respect of which rules may be made are generally matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative powers is, therefore, of a normal character lok sabha———— a billto amend and consolidate the laws relating to press and registration of books and publications————(smt ambika soni, minister of information and broadcasting)

Parliament_bills

7fbdec67-fa77-5247-970e-f22a93224ac4

bill no 323 of 2015 the prohibition of spitting in public places bill, 2015 by shri pralhad venkatesh joshi, mp a billto provide for prohibition of spitting in public places in order to keep the public places cleanbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the prohibition of spitting in public places bill, 2015short title,extent andcommencement(2) it extends to the union territories only(3) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "local authority" includes a municipal committee, corporation, council by whatever name called, district board, cantonment board or any authority for the time being entrusted by law with the control and administration of any matters within a specified local area; and(b) "spitting" includes expectorating3 notwithstanding anything contained in any other law for the time being in force, the spitting in any manner whatsoever, in any public place is hereby prohibited5prohibition of spitting inpublic placepunishment4 (1) whoever violates the provisions of section 3 shall be liable to pay a fine of notless than five hundred rupees in the case of spitting of saliva or phlegm and a fine of not less than one thousand rupees in the case of spitting of betel nut or paan10(2) a person violating the provisions of section 3 shall also be liable to perform suchcommunity service as may be decided by the local authority for four hourspower to make rules5 (1) the central government may, by notification in official gazette, make rules forcarrying out the purposes of this act15 20(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament or, as the case may be, each house of the state legislature, while it is in session, for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, parliament or, as the case may be, the state legislature agrees in making any modification in the rule or agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsspitting or expectorating in india is a major health and cleanliness issue that has gripped the country since many years spitting is a potential cause of airborne diseases such as tuberculosis, pneumonia and influenza (including swine flu) india has the highest number of new cases of tuberculosis and of tb-related deaths in the world, with 23 million new cases and an estimated 320,000 deaths annually further, in 2015 alone there have been more than 30,000 reported cases of swine flu apart from being a serious public health hazard, this habit impacts the tourism industry negatively as the red stains of gutka creates an unhygienic environment for local public and tourists alikekeeping in mind, the swachh bharat abhiyan, it is pivotal that we bring change in our daily lives and manners to make sure that the country could progress in the right direction it is, therefore, proposed to prohibit spitting in public places and making its violation an offencehence this billnew delhi;pralhad venkatesh joshinovember 18, 2015 memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for prohibition of spitting in public places in order to keep the public places clean————(shri pralhad venkatesh joshi, mp)gmgipmrnd—3183ls(s3)—09-12-2015

Parliament_bills

0bd65e84-2208-5e6e-b1ea-983bc4735323

bill no iii of 2016 the constitution (amendment) bill, 2016 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016short title, and commencement5(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appointamendment of article 722 in article 72 of the constitution, in clause (1), the following provisos shall be inserted, namely:—"provided that the president shall exercise the powers granted under this article within a period of six months after the petititon to grant pardons etc is presented to him:provided further that in the case of non-exercise of powers by the president within the statement of objects and reasonsindia is one of the largest democracies in the world it achieved freedom in 1947 from the british rule after a prolonged struggle and sacrifice of sons of the soil constitution of india was drafted keeping in view the welfare of the citizens though the utmost care was taken while drafting the constitution, over the years there have been occasions when need arose for amending the constitution to keep pace with the changing scenario in the countryone such case is the powers conferred upon the president under article 72 of the constitution which empowers the president to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence though, the president has been bestowed with absolute powers in this regard, no time limit has been fixed for the president within which such power has to be exercised as a result, the mercy petitions made before the president keep piling for long period without any decision as a fall out of this, the convicts are to be kept guarded in jails and heavy expenditure is incurred upon them which is tax payers money and a drain on national exchequer in the present situation, attempts are being made both externally and internally to hurt the harmony and vibrancy of our civil society and we are continuously facing probable terrorist attack it is high time to curb anti-national activities and for that, if death penalty is awarded to a person by any court after considering the circumstances which led them to reach such a decision based upon the gravity of the crime and such person files mercy petition before the president of india, the president should take decision on such mercy petition within six months in order to send a strong signal among antinationalshence this billmansukh l mandaviya annexure extract from the constitution of india 72 (1) the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—(a) in all cases where the punishment or sentecne is by a court martial;power of president to grant pardons, etc, and to suspend, remit or commute sentences in certain cases(b) in all cases where the punishment or sentence is for an offence agaisnt any law relating to a matter to which the executive power of the union extends;(c) in all cases where the sentence is a sentence of death(2) (3) ———— a billfurther to amend the constitution of india————(shri mansukh l mandaviya, mp)gmgipmrnd—5040rs(s3)—11-03-2016

Parliament_bills

be5e26b6-ddc6-51cd-ae21-867214558f6e

———— arrangement of clauses ———— clauses1short title and commencement2definitions3establishment of universities4effect of establishment of universities5objects of university6powers of university7university open to all castes, creed, race or class8visitor of university9officers of university10chancellor11vice-chancellor12pro-vice-chancellor13deans of schools14registrar15finance officer16controller of examinations17librarian18other officers19authorities of university20the court21executive council22academic council23boards of studies24finance committee25other authorities of university26powers to make statutes27statutes, how to be made28power to make ordinances29regulations30annual report31annual accounts32returns and information clauses33conditions of service of employees, etc34procedure of appeal and arbitration in disciplinary cases against students35right to appeal36provident and pension funds37disputes as to constitution of authorities and bodies38filling of casual vacancies39proceedings of authorities or bodies not invalidated by vacancies40protection of action taken in good faith41mode of proof of university record42power to remove difficulties43statutes, ordinances and regulations to be published in the official gazette and to be laid before parliament44transitional provisions45amendment of madhya pradesh act 22 of 197346amendment of president's act 10 of 197347repeal and savingsthe first schedule the second schedulebill no 3-c of 2009 the central universities bill, 2009 a billto establish and incorporate universities for teaching and research in the various states and to provide for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the central universities act, 2009 (2) it shall be deemed to have come into force on the 15th day of january, 2009short title and commencementdefinitions52 in this act, and in all statutes made hereunder, unless the context otherwise requires,—(a) "academic council" means the academic council of the university; (b) "academic staff" means such categories of staff as are designated as academicstaff by the ordinances;(c) "board of studies" means the board of studies of a department of theuniversity;(d) "college" means a college maintained by the university;(e) "chancellor", "vice-chancellor" and "pro-vice-chancellor" mean, respectively, the chancellor, vice-chancellor and pro-vice-chancellor of the university;(f) "court" means the court of the university; (g) "department" means a department of studies and includes a centre of studies; (h) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, internet, correspondence courses, seminars, contact programmes or the combination of any two or more such means;(i) "employee" means any person appointed by the university and includes teachers and other staff of the university;(j) "executive council" means the executive council of the university; (k) "hall" means a unit of residence or of corporate life for the students of the university, or of a college or an institution, maintained by the university;(l) "institution" means an academic institution, not being a college, maintained by the university;(m) "principal" means the head of a college or an institution maintained by the university and includes, where there is no principal, the person for the time being duly appointed to act as principal, and in the absence of the principal, or the acting principal, a vice-principal duly appointed as such;(n) "regulations" means the regulations made by any authority of the university under this act for the time being in force;(o) "school" means a school of studies of the university; (p) "statutes" and "ordinances" mean, respectively, the statutes and the ordinances of the university for the time being in force;(q) "teachers of the university" means professors, associate professors, assistant professors and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances; and(r) "university" means a university established and incorporated as a university under this actestablishment of universitiesmadhya pradesh act 22 of 1973president's act 10 of 1973 3 (1) the guru ghasidas vishwavidyalaya in the state of chhattisgarh and doctor harisingh gour vishwavidyalaya in the state of madhya pradesh, established under the madhya pradesh vishwavidyalaya adhiniyam, 1973, and hemvati nandan bahuguna garhwal university in the state of uttarakhand, established under the uttar pradesh state universities act, 1973, shall be established as bodies corporate under this act by the same names of "guru ghasidas vishwavidyalaya", "doctor harisingh gour vishwavidyalaya" and "hemvati nandan bahuguna garhwal university", respectively(2) the headquarters of guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university shall be at bilaspur, sagar and srinagar, respectively(3) the jurisdiction of guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university, shall extend to the bilaspur, raigarh and surguja districts of the state of chhattisgarh, the sagar, tikamgarh, chhatarpur, panna, chhindwara and damoh districts of the state of madhya pradesh, and the chamoli, dehradun, garhwal, hardwar, rudraprayag, tehri garhwal and uttarkashi districts of the state of uttarakhand, respectively(4) there shall be established, the universities in the various states as bodies corporate, by such names and territorial jurisdiction, as specified in the first schedule to this act(5) the headquarters of each of the universities, referred to in sub-section (4), shall be such as may be specified by the central government by notification in the official gazette(6) the first chancellor, the first vice-chancellor and the first members of the court, the executive council and the academic council of each university, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the university(7) the university shall have perpetual succession and a common seal, and shall sue and be sued by the said name4 on and from the date of commencement of this act,—effect of establishment of universities(a) any reference to guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya or hemvati nandan bahuguna garhwal university, in any contract or other instrument shall be deemed as a reference to guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya, and hemvati nandan bahuguna garhwal university, respectively, established under this act;(b) all properties, movable and immovable, of or belonging to guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university, shall vest in guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya or hemvati nandan bahuguna garhwal university, as the case may be, established under this act;(c) all rights and liabilities of guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university, shall be transferred to, and be the rights and liabilities of, guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university, respectively, established under this act;(d) every person employed by guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university, immediately before the commencement of this act shall hold his office or service in guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university, respectively, established under this act by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been enacted and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes:provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the university in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the university, of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees:provided further that every person employed before the commencement of this act, pending the execution of a contract under section 33, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this act and the statutes:provided also that any reference, by whatever form of words, to the vice-chancellor and pro-vice-chancellor of guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya or hemvati nandan bahuguna garhwal university, in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the vice-chancellor and the pro-vice-chancellor of guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya or hemvati nandan bahuguna garhwal university, as the case may be, established under this act;madhya pradesh act 22 of 1973 president's act 10 of 1973(e) the vice-chancellors of guru ghasidas vishwavidyalaya and doctor harisingh gour vishwavidyalaya, appointed under the provisions of the madhya pradesh vishwavidyalaya adhiniyam, 1973, and the vice-chancellor of hemvati nandan bahuguna garhwal university, appointed under the provisions of the uttar pradesh state universities act, 1973, shall be deemed to have been appointed as the vice-chancellors under this act, and shall hold office for a period of three months or till such time the first vice-chancellor is appointed under section 44 of the act, whichever is earlier; and(f) all colleges, institutions, schools or faculties, and departments affiliated to, or admitted to the privileges of, or maintained by, guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university shall stand affiliated to, or admitted to the privileges of, or maintained by, guru ghasidas vishwavidyalaya, doctor harisingh gour vishwavidyalaya and hemvati nandan bahuguna garhwal university, respectively, established under this actobjects of university5 the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make special provisions for integrated courses in humanities, social sciences, science and technology in its educational programmes; to take appropriate measures for promoting innovations in teaching-learning process and inter-disciplinary studies and research; to educate and train manpower for the development of the country; to establish linkages with industries for the promotion of science and technology; and to pay special attention to the improvement of the social and economic conditions and welfare of the people, their intellectual, academic and cultural development6 (1) the university shall have the following powers, namely:—powers of university(i) to provide for instructions in such branches of learning like natural sciences, social sciences, humanities, engineering, technology and medicine as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;(ii) to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons, on the basis of examinations, evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;(iii) to organise and to undertake extramural studies, training and extension services;(iv) to confer honorary degrees or other distinctions in the manner prescribed by the statutes;(v) to provide facilities through the distance education system to such persons as it may determine;(vi) to institute principalships, professorships, associate professorships, assistant professorships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, associate professorships, assistant professorships or other teaching or academic positions;(vii) to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition;(viii) to appoint persons working in any other university or academic institution, including those located outside the country, as teachers of the university for a specified period;(ix) to create administrative, ministerial and other posts and to make appointments thereto;(x) to co-operate or collaborate or associate with any other university or authority or institution of higher learning, including those located outside the country, in such manner and for such purposes as the university may determine;(xi) to establish such centres and specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects;(xii) to institute and award fellowships, scholarships, studentships, medals and prizes;(xiii) to establish and maintain colleges, institutions and halls; (xiv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary;(xv) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;(xvi) to appoint on contract or otherwise visiting professors, emeritus professors, consultants and such other persons who may contribute to the advancement of the objects of the university;(xvii) to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes;(xviii) to determine standards of admission to the university, which may include examination, evaluation or any other method of testing;(xix) to demand and receive payment of fees and other charges; (xx) to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare;(xxi) to lay down conditions of service of all categories of employees, including their code of conduct;(xxii) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary;(xxiii) to make arrangements for promoting the health and general welfare of the employees;(xxiv) to receive benefactions, donations and gifts and to acquire, hold and manage, and to dispose of, with the previous approval of the central government, any property, movable or immovable, including trust and endowment properties, for the purposes of the university;(xxv) to borrow, with the previous approval of the central government, on the security of the property of the university, money for the purposes of the university; and(xxvi) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects (2) in exercising its powers referred to in sub-section (1), it shall be the endeavour of the university to maintain an all-india character and high standards of teaching and research, and the university shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:—(i) admission of students and recruitment of faculty shall be made on all-india basis;(ii) admissions of students shall be made on merit, either through common entrance tests conducted individually by the university or in combination with other universities, or on the basis of marks obtained in the qualifying examination in such courses where the intake of students is small;(iii) inter-university mobility of faculty, with portable pensions and protection of seniority, shall be encouraged;(iv) semester system, continuous evaluation and choice-based credit system shall be introduced and the university shall enter into agreements with other universities and academic institutions for credit transfer and joint degree programmes;(v) innovative courses and programmes of studies shall be introduced with a provision for periodic review and restructuring;(vi) active participation of students shall be ensured in all academic activities of the university, including evaluation of teachers;(vii) accreditation shall be obtained from the national assessment and accreditation council or any other accrediting agency at the national level; and(viii) e-governance shall be introduced with an effective management information system 7 the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or to be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof:provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes, the scheduled tribes and the other socially and educationally backward classes of citizens:provided further that no such special provision shall be made on the ground of domicile 8 (1) the president of india shall be the visitor of the universityvisitor of(2) the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions maintained by it, and to submit a report thereon; and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon through the vice-chancellor, take such action and issue such directions, as he considers necessary, in respect of any of the matters dealt with in the report and the university shall abide by such action and be bound to comply with such directions(3) the visitor shall have the right to cause an inspection to be made by such person or persons, as he may direct, of the university, its buildings, libraries, laboratories and equipment, and of any college or institution maintained by the university; and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions(4) the visitor shall, in every matter referred to in sub-section (3), give notice of his intention to cause an inspection or inquiry to be made, to the university, and the university shall have the right to make such representations to the visitor, as it may consider necessary(5) after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3)(6) where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry(7) the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vice-chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vice-chancellor shall communicate, to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon(8) the executive council shall communicate through the vice-chancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry(9) where, the executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council, issue such directions, as he may think fit, and the executive council shall comply with such directions(10) without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances:provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same(11) the visitor shall have such other powers as may be prescribed by the statutes 9 the following shall be the officers of the university, namely:—officers of university(1) the chancellor; (2) the vice-chancellor; (3) the pro-vice-chancellor; (4) the deans of schools; (5) the registrar; (6) the finance officer; (7) the controller of examinations;(8) the librarian; and (9) such other officers as may be declared by the statutes to be the officers of the universitychancellor10 (1) the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes(2) the chancellor shall, by virtue of his office, be the head of the university and shall, if present, preside at the convocations of the university held for conferring degrees and meetings of the courtvice- chancellor11 (1) the vice-chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes(2) the vice-chancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university(3) the vice-chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority at its next meeting the action taken by him on such matter:provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final:provided further that any person in the service of the university who is aggrieved by the action taken by the vice-chancellor under this sub-section shall have the right to represent against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vice-chancellor(4) the vice-chancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final(5) the vice-chancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinancespro-vice- chancellor12 the pro-vice-chancellor shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutesdeans of schools13 every dean of school shall be appointed in such manner, and shall exercise such powers and perform such duties, as may be prescribed by the statutesregistrar14 (1) the registrar shall be appointed in such manner, and on such terms and conditions of service, as may be prescribed by the statutes| ( | 2 ||----------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| authenticate records on behalf of the university, and shall exercise such powers and perform | || such duties, as may be prescribed by the statutes | || finance | || officer | || 15 | the finance officer shall be appointed in such manner, and shall exercise such || powers and perform such duties, as may be prescribed by the statutes | || controller of | || examinations | || 16 | the controller of examinations shall be appointed in such manner and shall exercise || such powers and perform such duties, as may be prescribed by the statutes | || librarian | || 17 | the librarian shall be appointed in such manner and on such terms and conditions || of service, and shall exercise such powers and perform such duties, as may be prescribed by | || the statutes | || other | || officers | || 18 | the manner of appointment and powers and duties of other officers of the university || shall be prescribed by the statutes | |19 the following shall be the authorities of the university, namely:—authorities of university(1) the court; (2) the executive council;(3) the academic council; (4) the board of studies; (5) the finance committee; and(6) such other authorities as may be declared by the statutes to be the authorities of the universitythe court20 (1) the constitution of the court and the term of office of its members shall be prescribed by the statutes:provided that such number of members, as may be prescribed by the statutes, shall be elected from among the teachers, employees and students of the university(2) subject to the provisions of this act, the court shall have the following powers and functions, namely:—(a) to review, from time to time, the broad policies and programmes of the university, and to suggest measures for the improvement and development of the university;(b) to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts;(c) to advise the visitor in respect of any matter which may be referred to it for advice; and(d) to perform such other functions as may be prescribed by the statutes21 (1) the executive council shall be the principal executive body of the universityexecutive council(2) the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes:provided that such number of members as may be prescribed by the statutes shall be from among the elected members of the courtacademic council22 (1) the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, co-ordinate and exercise general supervision over the academic policies of the university(2) the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes:provided that such number of members as may be prescribed by the statutes shall be from among the elected members of the courtboards of studies23 the constitution, powers and functions of the boards of studies shall be prescribed by the statutesfinance committee24 the constitution, powers and functions of the finance committee shall be prescribed by the statutes25 the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutesother authorities of university powers to make statutes26 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) the constitution, powers and functions of authorities and other bodies of the university, as may be constituted from time to time;(b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;(c) the appointment, powers and duties of the officers of the university and their emoluments;(d) the appointment of teachers, academic staff and other employees of the university, their emoluments and conditions of service;(e) the appointment of teachers and academic staff working in any other university or organisation for a specific period for undertaking a joint project;(f) the conditions of service of employees including provisions for pension, insurance, provident fund, the manner of termination of service and disciplinary action;(g) the principles governing the seniority of service of the employees of the university;(h) the procedure for arbitration in cases of dispute between employees or students and the university;(i) the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university;(j) the conferment of autonomous status on a college or an institution or a department;(k) the establishment and abolition of schools, departments, centres, halls, colleges and institutions;(l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;(n) the management of colleges and institutions established by the university; (o) the delegation of powers vested in the authorities or officers of the university; (p) the maintenance of discipline among the employees and students; and (q) all other matters which by this act are to be, or may be, provided for by the statutes 27 (1) the first statutes are those set out in the second schedule to this actstatutes, how to be made(2) the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in sub-section (1):provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council(3) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for re-consideration(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor(5) notwithstanding anything contained in the foregoing sub-sections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection (1) during the period of three years immediately after the commencement of this act:provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament(6) notwithstanding anything contained in this section, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably28 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:—power to make ordinances(a) the admission of students to the university and their enrolment as such; (b) the courses of study to be laid down for all degrees, diplomas and certificates of the university;(c) the medium of instruction and examination; (d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;(e) the fees to be charged for courses of study in the university and for admission to examinations, degrees and diplomas of the university;(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;(h) the conditions of residence of the students of the university; (i) the special arrangements, if any, which may be made for the residence and teaching of women students and the prescribing of special courses of studies for them;(j) the establishment of centres of studies, boards of studies, specialised laboratories and other committees;(k) the manner of co-operation and collaboration with other universities, institutions and other agencies including learned bodies or associations;(l) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university;(m) the institution of fellowships, scholarships, studentships, medals and prizes; (n) the setting up of a machinery for redressal of grievances of employees and students; and(o) all other matters which by this act, or, the statutes, are to be, or, may be, provided for by the ordinances (2) the first ordinances shall be made by the vice-chancellor with the previous approval of the executive council and the ordinances so made may also be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes:provided that in the case of guru ghasidas vishwavidyalaya and doctor harisingh gour vishwavidyalaya, and hemvati nandan bahuguna garhwal university, till such time as the first ordinances are not so made, in respect of the matters that are to be provided for by the ordinances under this act and the statutes, the relevant provisions of the statutes and the ordinances made immediately before the commencement of this act under the provisions of the madhya pradesh vishwavidyalaya adhiniyam, 1973, and the uttar pradesh state universities act, 1973, respectively, shall be applicable in so far as they are not inconsistent with the provisions of this act and the statutesmadhya pradesh act 22 of 1973 president's act 10 of 1973regulations29 the authorities of the university may make regulations, consistent with this act,the statutes and the ordinances, for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or theordinances, in the manner prescribed by the statutesannual report30 (1) the annual report of the university shall be prepared under the direction of theexecutive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or before such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting(2) the court shall submit the annual report to the visitor along with its comments, if any(3) a copy of the annual report, as prepared under sub-section (1), shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliamentannual accounts31 (1) the annual accounts and balance-sheet of the university shall be preparedunder the direction of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditor-general of india or by such persons as he may authorise in this behalf(2) a copy of the annual accounts together with the audit report thereon shall be submitted to the court and the visitor along with the observations of the executive council(3) any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor(4) a copy of the annual accounts together with the audit report, as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament(5) the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of indiareturns and information32 the university shall furnish to the central government such returns or otherinformation with respect to its property or activities as the central government may, from time to time, require, within such period as may be specified by the central government33 (1) every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concernedconditions of service of employees, etc(2) any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor(3) the decision of the tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the tribunal:provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the constitution(4) every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 1996(5) the procedure for regulating the work of the tribunal shall be prescribed by the statutesprocedure of appeal and arbitration in disciplinary cases against students34 (1) any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vice-chancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vice-chancellor or the committee, as the case may be(2) any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 33 shall, as far as may be, apply to a reference made under this sub-sectionright to appeal35 every employee or student of the university or of a college or institution maintained by the university shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university, or, the principal or the management of any college or an institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed againstprovident and pension funds36 (1) the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes19 of 1925(2) where such provident fund or pension fund has been so constituted, the central government may declare that the provisions of the provident funds act, 1925, shall apply to such fund, as if it were a government provident fund37 if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be finaldisputes as to constitution of authorities and bodiesfilling of casual vacancies38 all casual vacancies among the members (other than ex officio members) of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member| 39 | no act or proceedings of any authority or other body of the university shall be ||------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|| invalid merely by reason of the existence of a vacancy or vacancies among its members | || proceedings | || of authorities | || or bodies not | || invalidated by | || vacancies | || protection of | || action taken | || in good faith | || 40 | no suit or other legal proceedings shall lie against any officer or other employee of || the university for anything which is in good faith done or intended to be done in pursuance | || of any of the provisions of this act, the statutes or the ordinances | || 1 of 1872 | || mode of | || proof of | || university | || record | || 41 | notwithstanding anything contained in the indian evidence act, 1872 or in any || other law for the time being in force, a copy of any receipt, application, notice, order, proceeding | || or resolution of any authority or other body of the university, or any other document in | || possession of the university, or any entry in any register duly maintained by the university, | || if certified by the registrar, shall be received as | prima facie || application, notice, order, proceeding, resolution or document or the existence of entry in the | || register and shall be admitted as evidence of the matters and transactions therein where the | || original thereof would, if produced, have been admissible in evidence | || 42 | ( || government may, by order published in the official gazette, make such provisions, not | || power to | || remove | || difficulties | |inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of three years from the commencement of this act(2) every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order43 (1) every statute, ordinances or regulation made under this act shall be published in the official gazettestatutes, ordinances and regulations to be published in the official gazette and to be laid before parliament(2) every statute, ordinances or regulation made under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinances or regulation or both houses agree that the statute, ordinances or regulation should not be made, the statute, ordinances or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinances or regulation(3) the power to make statutes, ordinances or regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statutes, ordinances or regulations so as to prejudicially affect the interests of any person to whom such statutes, ordinances or regulations may be applicable44 notwithstanding anything contained in this act and the statutes,—transitional provisions(a) the first chancellor and the first vice-chancellor shall be appointed by the visitor in such manner and on such conditions as may be deemed fit and each of the said officers shall hold office for such term, not exceeding five years, as may be specified by the visitor;(b) the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years;(c) the first court and the first executive council shall consist of not more than thirty-one members and eleven members, respectively, who shall be nominated by the central government and shall hold office for a term of three years; and(d) the first academic council shall consist of not more than twenty-one members, who shall be nominated by the central government and shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment by the visitor or nomination by the central government, as the case may be, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred45 (1) in the madhya pradesh vishwavidyalaya adhiniyam, 1973, in the second schedule, the entries relating to guru ghasidas vishwavidyalaya and doctor harisingh gour vishwavidyalaya shall be omittedamendment of madhya pradesh act 22 of 1973(2) notwithstanding such omission,—madhya pradesh act 22 of 1973(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the madhya pradesh vishwavidyalaya adhiniyam, 1973, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this act and, except as otherwise provided by this act or the statutes, continue in force unless and until they are superseded by any order made under this act or the statutes; and(b) all proceedings of selection committees for the appointment or promotion of teachers that took place before the commencement of this act and all actions of the executive council in respect of the recommendations of such selection committees where no orders of appointment on the basis thereof were passed before the commencement of this act shall, notwithstanding that the procedure for selection has been modified by this act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the visitor, a decision to the contrary 46 (1) in the uttar pradesh state universities act, 1973,—amendment of president's act 10 of 1973(a) in sub-section (1) of section 4, the words, figures and brackets "and a university of garhwal which shall from april 25, 1989 be called the hemvati nandan bahuguna garhwal university at srinagar (district garhwal)" shall be omitted;(b) in clause (d) of sub-section (1) of section 20, the words "the hemvati nandan bahuguna garhwal university" shall be omitted;(c) in sub-section (2) of section 52, for the words "the universities of kumaun and garhwal" the words "the university of kumaun" shall be substituted;(d) section 72b shall be omitted; (e) in the schedule, serial no 8 and the entries relating thereto shall be omitted(2) notwithstanding the omission and substitution referred to in sub-section (1),—president's act 10 of 1973(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the uttar pradesh state universities act, 1973, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this act and, except as otherwise provided by this act or the statutes, continue in force unless and until they are superseded by any order made under this act or the statutes; and(b) all proceedings of selection committees for the appointment or promotion of teachers that took place before the commencement of this act and all actions of the executive council in respect of the recommendations of such selection committees where no orders of appointment on the basis thereof were passed before the commencement of this act shall, notwithstanding that the procedure for selection has been modified by this act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the visitor, a decision to the contrary47 (1) the central universities ordinance, 2009 is hereby repealedrepeal and savingsord3 of 2009(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act, and—ord3 of 2009(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done under the central universities ordinance, 2009, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this act and, except as otherwise provided by, or under this act or the statutes, continue in force unless and until they are superseded by any order made under this act or the statutes; and(b) all proceedings of selection committees for the appointment or promotion of teachers that took place before the commencement of this act and all actions of the executive council in respect of the recommendations of such selection committees where no orders of appointment on the basis thereof were passed before the commencement of this act shall, notwithstanding that the procedure for selection has been modified by this act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the visitor, a decision to the contrary the first schedule [see section 3(4)]| serial | name of | name of the university | territorial jurisdiction ||----------|-------------|----------------------------------|----------------------------------|| no | the state | | || 1 | bihar | central university of bihar | whole of the state of bihar || 2 | gujarat | central university of gujarat | whole of the state of gujarat || 3 | haryana | central university of haryana | whole of the state of haryana || 4 | himachal | central university of himachal | whole of the state of himachal || pradesh | pradesh | pradesh | || 5 | jammu and | central university of jammu | whole of the state of jammu || kashmir | and kashmir | and kashmir | || 6 | jharkhand | central university of jharkhand | whole of the state of jharkhand || 7 | karnataka | central university of karnataka | whole of the state of karnataka || 8 | kerala | central university of kerala | whole of the state of kerala || 9 | orissa | central university of orissa | whole of the state of orissa || 10 | punjab | central university of punjab | whole of the state of punjab || 11 | rajasthan | central university of rajasthan | whole of the state of rajasthan || 12 | tamil nadu | central university of tamil nadu | whole of the state of tamil nadu | the second schedule (see section 27) the statutes of the universitychancellor1 (1) the chancellor shall be appointed by the visitor from a panel of not less than three persons recommended by the executive council from amongst persons of eminence in the academic or public life of the country:provided that if the visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the executive council(2) the chancellor shall hold office for a term of five years and shall not be eligible for re-appointment:provided that notwithstanding the expiry of his term of office, the chancellor shall continue to hold office until his successor enters upon his officevice- chancellor2 (1) the vice-chancellor shall be appointed by the visitor from out of a panel recommended by a committee as constituted under clause (2):provided that if the visitor does not approve any of the persons included in the panel, he may call for an extended fresh panel(2) the committee referred to in clause (1) shall consist of five persons, out of whom three shall be nominated by the executive council and two by the visitor, and one of the nominees of the visitor shall be the convener of the committee:provided that none of the members of the committee shall be an employee of the university or a college or an institution maintained by the university or a member of any authority of the university(3) the vice-chancellor shall be a whole-time salaried officer of the university(4) the vice-chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall not be eligible for re-appointment:provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:provided further that the visitor may direct any vice-chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him(5) notwithstanding anything contained in clause (4), the visitor may, at any time after the vice-chancellor has entered upon his office, by order in writing, remove the vice-chancellor from office on grounds of incapacity, misconduct or violation of statutory provisions:provided that no such order shall be made by the visitor unless the vice-chancellor has been given a reasonable opportunity of showing cause against the action proposed to be taken against him:provided further that the visitor shall consult the chancellor also before making such order:provided also that the visitor may, at any time before making such order, place the vice-chancellor under suspension, pending enquiry(6) the emoluments and other conditions of service of the vice-chancellor shall be as follows:—(i) the vice-chancellor shall be paid a monthly salary and allowances, other than house rent allowance, at the rates fixed by the central government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the vice-chancellor in respect of the maintenance of such residence(ii) the vice-chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the central government from time to time:provided that where an employee of the university, or a college or an institution maintained by the university, or of any other university or any college or institution maintained by or admitted to the privileges of, such other university, is appointed as the vice-chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the university shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the vice-chancellor:provided further that where such employee had been a member of any pension scheme, the university shall make the necessary contribution to such scheme(iii) the vice-chancellor shall be entitled to travelling allowance at such rates as may be fixed by the executive council(iv) the vice-chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of january and july every year:provided that if the vice-chancellor assumes or relinquishes charge of the office of the vice-chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service(v) in addition to the leave referred to in sub-clause (iv), the vice-chancellor shall also be entitled to half-pay leave at the rate of twenty days for each completed year of service, and half-pay leave may also be availed of as commuted leave on full pay on medical certificate: provided that when such commuted leave is availed of, twice the amount of half-pay leave shall be debited against half-pay leave due(7) if the office of the vice-chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill-health or any other cause, the pro- vice-chancellor shall perform the duties of the vice-chancellor:provided that if the pro-vice-chancellor is not available, the senior-most professor shall perform the duties of the vice-chancellor until a new vice-chancellor assumes office or the existing vice-chancellor resumes the duties of his office, as the case may be3 (1) the vice-chancellor shall be ex officio chairman of the executive council, the academic council and the finance committee and shall, in the absence of the chancellor, preside at the convocations held for conferring degrees and at meetings of the court(2) the vice-chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the university, but shall not be entitled to vote thereat unless he is a member of such authority or body(3) it shall be the duty of the vice-chancellor to see that this act, the statutes, the ordinances and the regulations are duly observed and he shall have all the powers necessary to ensure such observance(4) the vice-chancellor shall have all the powers necessary for the proper maintenance of discipline in the university and he may delegate any such powers to such person or persons as he deems fit(5) the vice-chancellor shall have the power to convene or cause to be convened the meetings of the executive council, the academic council and the finance committeepro-vice- chancellor4 (1) the pro-vice-chancellor shall be appointed by the executive council on the recommendation of the vice-chancellor:provided that where the recommendation of the vice-chancellor is not accepted by the executive council, the matter shall be referred to the visitor who may either appoint the person recommended by the vice-chancellor or ask the vice-chancellor to recommend another person to the executive council:provided further that the executive council may, on the recommendation of the vice-chancellor, appoint a professor to discharge the duties of the pro-vice-chancellor in addition to his own duties as a professor(2) the term of office of the pro-vice-chancellor shall be such as may be decided by the executive council but it shall not in any case exceed five years or until the expiration of the term of office of the vice-chancellor, whichever is earlier:provided that the pro-vice-chancellor whose term of office has expired shall be eligible for re-appointment:provided further that, in any case, the pro-vice-chancellor shall retire on attaining the age of seventy years:provided also that the pro-vice-chancellor shall, while discharging the duties of the vice-chancellor under clause (7) of statute 2, continue in office, notwithstanding the expiration of his term of office as pro-vice-chancellor, until the vice-chancellor resumes office or a new vice-chancellor assumes office, as the case may be(3) the emoluments and other terms and conditions of service of the pro-vice-chancellor shall be such as may be prescribed by the ordinances(4) the pro-vice-chancellor shall assist the vice-chancellor in respect of such matters as may be specified by the vice-chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the vice-chancellordeans of schools5 (1) every dean of school shall be appointed by the vice-chancellor from amongst the professors in the school by rotation in the order of seniority for a period of three years:provided that in case there is only one professor or no professor in a school, the dean shall be appointed, for the time being, from amongst the professor, if any, and the associate professors in the school by rotation in the order of seniority:provided further that a dean on attaining the age of sixty-five years shall cease to hold office as such(2) when the office of the dean is vacant or when the dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by the senior-most professor or associate professor, as the case may be, in the school(3) the dean shall be the head of the school and shall be responsible for the conduct and maintenance of the standards of teaching and research in the school and shall have such other functions as may be prescribed by the ordinances(4) the dean shall have the right to be present and to speak at any meeting of the boards of studies or committees of the school, as the case may be, but shall not have the right to vote thereat unless he is a member thereofregistrar6 (1) the registrar shall be appointed by the executive council on the recommendation of a selection committee constituted for the purpose and shall be a whole-time salaried officer of the university(2) he shall be appointed for a term of five years and shall be eligible for re-appointment (3) the emoluments and other terms and conditions of service of the registrar shall be such as may be prescribed by the executive council from time to time:provided that the registrar shall retire on attaining the age of sixty-two years (4) when the office of the registrar is vacant or when the registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) (a) the registrar shall have power to take disciplinary action against such of the employees, excluding teachers and other academic staff, as may be specified in the order of the executive council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:provided that no such penalty shall be imposed unless the person has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(b) an appeal shall lie to the vice-chancellor against any order of the registrar imposing any of the penalties specified in sub-clause (a)(c) in a case where the inquiry discloses that a punishment beyond the power of the registrar is called for, the registrar shall, upon the conclusion of the inquiry, make a report to the vice-chancellor along with his recommendations:provided that an appeal shall lie to the executive council against an order of the vice-chancellor imposing any penalty(6) the registrar shall be ex officio secretary of the executive council and the academic council, but shall not be deemed to be a member of either of these authorities and he shall be ex officio member-secretary of the court(7) it shall be the duty of the registrar—(a) to be the custodian of the records, the common seal and such other property of the university as the executive council shall commit to his charge;(b) to issue all notices convening meetings of the court, the executive council, the academic council and of any committees appointed by those authorities;(c) to keep the minutes of all the meetings of the court, the executive council, the academic council and of any committees appointed by those authorities;(d) to conduct the official correspondence of the court, the executive council and the academic council;(e) to supply to the visitor, copies of the agenda of the meetings of the authorities of the university as soon as they are issued and the minutes of such meetings;(f) to represent the university in suits or proceedings by or against the university, sign powers of attorney and verify pleadings or depute his representative for the purpose; and(g) to perform such other duties as may be specified in the statutes, the ordinances or the regulations or as may be required from time to time by the executive council or the vice-chancellorfinance officer7 (1) the finance officer shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the finance officer shall be appointed for a term of five years and shall be eligible for re-appointment(3) the emoluments and other terms and conditions of service of the finance officer shall be such as may be prescribed by the executive council from time to time:provided that the finance officer shall retire on attaining the age of sixty-two years (4) when the office of the finance officer is vacant or when the finance officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice-chancellor may appoint for the purpose(5) the finance officer shall be ex officio secretary of the finance committee, but shall not be deemed to be a member of such committee(6) the finance officer shall—(a) exercise general supervision over the funds of the university and shall advise it as regards its financial policy; and(b) perform such other financial functions as may be assigned to him by the executive council or as may be prescribed by the statutes or the ordinances (7) subject to the control of the executive council, the finance officer shall—(a) hold and manage the property and investments of the university including trust and endowed property;(b) ensure that the limits fixed by the executive council for recurring and nonrecurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;(c) be responsible for the preparation of annual accounts and the budget of the university and for their presentation to the executive council;(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;(e) watch the progress of the collection of revenue and advise on the methods of collection employed;(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, departments, centres and specialised laboratories;(g) bring to the notice of the vice-chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and(h) call for from any office, department, centre, laboratory, college or institution maintained by the university any information or returns that he may consider necessary for the performance of his duties (8) any receipt given by the finance officer or the person or persons duly authorised in this behalf by the executive council for any money payable to the university shall be sufficient discharge for payment of such moneycontroller of examinations8 (1) the controller of examinations shall be appointed by the executive council on the recommendations of a selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the controller of examinations shall be appointed for a term of five years and shall be eligible for re-appointment(3) the emoluments and other terms and conditions of service of the controller of examinations shall be such as may be prescribed by the executive council from time to time:provided that the controller of examinations shall retire on attaining the age of sixtytwo years(4) when the office of the controller of examinations is vacant or when the controller of examinations is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the vice- chancellor may appoint for the purpose(5) the controller of examinations shall arrange for and superintend the examinations of the university in the manner prescribed by the ordinanceslibrarian9 (1) the librarian shall be appointed by the executive council on the recommendations of the selection committee constituted for the purpose and he shall be a whole-time salaried officer of the university(2) the librarian shall exercise such powers and perform such duties as may be assigned to him by the executive councilmeetings of court10 (1) an annual meeting of the court shall be held on a date to be fixed by the executive council unless some other date has been fixed by the court in respect of any year(2) at an annual meeting of the court, a report on the working of the university during the previous year, together with a statement of the receipts and expenditure, the balancesheet as audited, and the financial estimates for the next year shall be presented(3) a copy of the statement of receipts and expenditure, the balance-sheet and the financial estimates referred to in clause (2) shall be sent to every member of the court at least seven days before the date of the annual meeting(4) special meetings of the court may be convened by the executive council or the vice-chancellor or if there is no vice-chancellor, the pro-vice-chancellor or if there is no pro- vice-chancellor, by the registrar(5) eleven members of the court shall form a quorum for a meeting of the court 11 seven members of the executive council shall form a quorum for a meeting of the executive councilquorum for meeting of executive council12 (1) the executive council shall have the power of management and administration of the revenues and property of the university and the conduct of all administrative affairs of the university not otherwise provided forpowers and functions of executive council(2) subject to the provisions of this act, the statutes and the ordinances, the executive council shall, in addition to all other powers vested in it, have the following powers, namely:—(i) to create teaching and other academic posts including chairs, to determine the number and emoluments of such posts and to define the duties and conditions of service of professors, associate professors, assistant professors and other academic staff:provided that no action shall be taken by the executive council in respect of the number and qualifications of teachers and other academic staff otherwise than after consideration of the recommendations of the academic council;(ii) to appoint such professors, associate professors, assistant professors and other academic staff including chairs, as may be necessary, on the recommendation of the selection committee constituted for the purpose and to fill up temporary vacancies therein;(iii) to promote inter-facial research by making joint appointments of teaching staff in different schools, departments and centres;(iv) to create administrative, ministerial and other necessary posts and to define their duties and conditions of their service and to make appointments thereto in the manner prescribed by the ordinances;(v) to grant leave of absence to any officer of the university other than the chancellor and the vice-chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;(vi) to regulate and enforce discipline among employees in accordance with the statutes and the ordinances;(vii) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the university and for that purpose to appoint such agents as it may think fit;(viii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendation of the finance committee;(ix) to invest any money belonging to the university, including any unapplied income, in such stocks, funds, share or securities, from time to time, as it may think fit or in the purchase of immovable property in india, with the like powers of varying such investment from time to time;(x) to transfer or accept transfers of any movable or immovable property on behalf of the university;(xi) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the university;(xii) to enter into, vary, carry out and cancel contracts on behalf of the university; (xiii) to entertain, adjudicate upon, and if thought fit, to redress any grievances of the employees and students of the university who may, for any reason, feel aggrieved;(xiv) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the academic council;(xv) to select a common seal for the university and provide for the use of such seal;(xvi) to make such special arrangements as may be necessary for the residence of women students;(xvii) to institute fellowships, scholarships, studentships, medals and prizes; (xviii) to provide for the appointment of visiting professors, emeritus professors, consultants and scholars and determine the terms and conditions of such appointments;(xix) to enter into partnership with industry and non-governmental agencies for the advancement of knowledge and establish a corpus of funds out of the profits of such partnership; and(xx) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this act or the statutes 13 nine members of the academic council shall form a quorum for a meeting of the academic councilquorum of meeting of academic council14 subject to the provisions of this act, the statutes and the ordinances, the academic council shall, in addition to all other powers vested in it, have the following powers, namely:—powers and functions of academic council(a) to exercise general supervision over the academic policies of the university and to give directions regarding methods of instruction, co-ordination of teaching among the colleges and the institutions, evaluation of research and improvement of academic standards;(b) to bring about and promote inter-school co-ordination and to establish or appoint such committees or boards as may be deemed necessary for the purpose;(c) to consider matters of general academic interest either on its own initiative, or on a reference by a school or the executive council, and to take appropriate action thereon; and(d) to frame such regulations and rules consistent with the statutes and the ordinances regarding the academic functioning of the university, discipline, residence, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance 15 (1) the university shall have such schools of studies as may be specified in the statutesschools of studies and departments(2) every school shall have a school board and the members of the first school board shall be nominated by the executive council for a period of three years(3) the composition, powers and functions of a school board shall be prescribed by the ordinances(4) the conduct of the meetings of a school board and the quorum required for such meetings shall be prescribed by the ordinances(5) (a) every school shall consist of such departments as may be assigned to it by the ordinances:provided that the executive council may, on the recommendation of the academic council, establish centres of studies to which may be assigned such teachers of the university as the executive council may consider necessary(b) each department shall consist of the following members, namely:—(i) teachers of the department; (ii) persons conducting research in the department; (iii) dean of the school; (iv) honorary professors, if any, attached to the department; and (v) such other persons as may be members of the department in accordance withthe provisions of the ordinances16 (1) each department shall have a board of studiesboard of studies(2) the constitution of the board of studies and the term of office of its members shall be prescribed by the ordinances(3) subject to the overall control and supervision of the academic council, the functions of a board of studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned school board in the manner prescribed by the ordinances—(a) courses of studies and appointment of examiners for courses, but excluding research degrees;(b) appointment of supervisors for research; and (c) measures for the improvement of the standard of teaching and research:provided that the above functions of a board of studies shall, during the period of three years immediately after the commencement of this act, be performed by the department17 (1) the finance committee shall consist of the following members, namely:—finance committee(i) the vice-chancellor; (ii) the pro-vice-chancellor; (iii) one person to be nominated by the court; (iv) three persons to be nominated by the executive council, out of whom at least one shall be a member of the executive council; and(v) three persons to be nominated by the visitor(2) five members of the finance committee shall form a quorum for a meeting of the finance committee(3) all the members of the finance committee, other than ex officio members, shall hold office for a term of three years(4) a member of the finance committee shall have the right to record a minute of dissent if he does not agree with any decision of the finance committee(5) the finance committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure(6) all proposals relating to creation of posts, and those items which have not been included in the budget, shall be examined by the finance committee before they are considered by the executive council(7) the annual accounts and the financial estimates of the university prepared by the finance officer shall be laid before the finance committee for consideration and comments and thereafter submitted to the executive council for approval(8) the finance committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loans)selection committees18 (1) there shall be selection committees for making recommendations to the executive council for appointment to the posts of professor, associate professor, assistant professor, registrar, finance officer, controller of examinations, librarian and principals of colleges and institutions maintained by the university(2) the selection committee for appointment to the posts specified in column 1 of the table below shall consist of the vice-chancellor, a nominee of the visitor and the persons specified in the corresponding entry in column 2 of the said table:| | | 1 | 2 ||-----------------------------------------------------|-------------------------------------------------------|----------------------------------------------------------|----------------------------------------------------------|| professor | ( | i | ) the dean of the school || ( | ii | ) the head of the department, if he is a professor | || ( | iii | ) | three persons not in the service of the university, || nominated by the executive council, out of a panel | | | || of names recommended by the academic council | | | || for their special knowledge of, or interest in, the | | | || subject with which the professor will be | | | || concerned | | | || associate professor/ | ( | i | ) the head of the department || assistant professor | | | || ( | ii | ) one professor nominated by the vice-chancellor | || ( | iii | ) | two persons not in the service of the university, || nominated by the executive council, out of a panel | | | || of names recommended by the academic council | | | || for their special knowledge of, or interest in, the | | | || subject with which the associate professor or | | | || assistant professor will be concerned | | | || registrar/finance officer/ | ( | i | ) two members of the executive council nominated || controller of examinations | by it | | || ( | ii | ) | one person not in the service of the university || nominated by the executive council | | | || librarian | ( | i | ) || who have special knowledge of the subject of | | | || the library science or library administration | | | || nominated by the executive council | | | || ( | ii | ) | one person not in the service of the university || nominated by the executive council | | | || principal of college or | three persons not in the service of the university of | | || institution maintained by | whom two shall be nominated by the executive council | | || the university | and one by the academic council for their special | | || knowledge of, or interest in, a subject in which | | | || instruction is being provided by the college or | | | || institution | | | |note 1 - where the appointment is being made for an inter-disciplinary project, thehead of the project shall be deemed to be the head of the department concernednote 2—the professor to be nominated by the vice-chancellor shall be a professorconcerned with the speciality for which the selection is being made and the vice-chancellor shall consult the head of the department and the dean of school before nominating the professor(3) the vice-chancellor, or in his absence the pro-vice-chancellor, shall convene andpreside at the meeting of the selection committee:provided that the meeting of the selection committee shall be fixed after prior consultation with, and subject to the convenience of visitor's nominee and the experts nominated by the executive council:provided further that the proceedings of the selection committee shall not be valid unless,—(a) where the number of visitor's nominee and the persons nominated by the executive council is four in all, at least three of them attend the meeting; and(b) where the number of visitor's nominee and the persons nominated by the executive council is three in all, at least two of them attend the meeting (4) the procedure to be followed by the selection committee shall be laid down in the ordinances(5) if the executive council is unable to accept the recommendations made by the selection committee, it shall record its reasons and submit the case to the visitor for final orders(6) appointments to temporary posts shall be made in the manner indicated below:—(i) if the temporary vacancy is for duration longer than one academic session, it shall be filled on the advice of the selection committee in accordance with the procedure indicated in the foregoing clauses:provided that if the vice-chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis on the advice of a local selection committee referred to in sub-clause (ii) for a period not exceeding six months(ii) if the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local selection committee consisting of the dean of the school concerned, the head of the department and a nominee of the vice-chancellor:provided that if the same person holds the offices of the dean and the head of the department, the selection committee may contain two nominees of the vice- chancellor:provided further that in the case of sudden casual vacancies of teaching posts caused by death or any other reason, the dean may, in consultation with the head of the department concerned, make a temporary appointment for a month and report to the vice-chancellor and the registrar about such appointment(iii) no teacher appointed temporarily shall, if he is not recommended by a regular selection committee for appointment under the statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local selection committee or a regular selection committee, for a temporary or permanent appointment, as the case may bespecial mode of appointment19 (1) notwithstanding anything contained in statute 18, the executive council may invite a person of high academic distinction and professional attainments to accept a post of professor or associate professor or any other equivalent academic post in the university on such terms and conditions as it deems fit and on the person agreeing to do so appoint him to the post:provided that the executive council may also create supernumerary posts for a specified period for appointment of such persons:provided further that the number of supernumerary posts so created should not exceed five per cent of the total posts in the university(2) the executive council may appoint a teacher or any other academic staff working in any other university or organisation for undertaking a joint project in accordance with the manner laid down in the ordinancesappointment for fixed tenure20 the executive council may appoint a person selected in accordance with the procedure laid down in statute 18 for a fixed tenure on such terms and conditions as it deems fitcommittees21 (1) an authority of the university may appoint as many standing or special committees as it may deem fit, and may appoint to such committees persons who are not members of such authority(2) a committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing it22 (1) all the teachers and other academic staff of the university shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulationsterms and conditions of service and code of conduct of teachers, etc(2) the emoluments of members of the academic staff shall be such as may be prescribed by the ordinances(3) every teacher and member of the academic staff of the university shall be appointed on a written contract, the form of which shall be prescribed by the ordinances(4) a copy of every contract referred to in clause (3) shall be deposited with the registrar23 (1) all the employees of the university, other than the teachers and other academic staff shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the ordinances and the regulationsterms and conditions of service and code of conduct of other employees(2) the manner of appointment and emoluments of employees, other than the teachers and other academic staff, shall be such as may be prescribed by the ordinancesseniority list24 (1) whenever, in accordance with the statutes, any person is to hold an office or be a member of an authority of the university by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and in accordance with such other principles as the executive council may, from time to time, prescribe(2) it shall be the duty of the registrar to prepare and maintain in respect of each class of persons to whom the provisions of these statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1)(3) if two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the registrar may, on his own motion and shall, at the request of any such person, submit the matter to the executive council whose decision thereon shall be finalremoval of employees of university25 (1) where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the university, the vice-chancellor, in the case of the teacher or a member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the executive council the circumstances in which the order was made:provided that the executive council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order(2) notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the executive council in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff or other employee, as the case may be, on grounds of misconduct(3) save as aforesaid, the executive council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof(4) no teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him(5) the removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension(6) notwithstanding anything contained in the foregoing provisions of this statute, a teacher, member of the academic staff or other employee may resign—(a) if he is a permanent employee, only after giving three months' notice in writing to the executive council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof;(b) if he is not a permanent employee, only after giving one month's notice in writing to the executive council or, as the case may be, the appointing authority or by paying one month's salary in lieu thereof: provided that such resignation shall take effect only on the date on which the resignation is accepted by the executive council or the appointing authority, as the case may behonorary degrees26 (1) the executive council may, on the recommendation of the academic counciland by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the visitor for the conferment of honorary degrees:provided that in case of emergency, the executive council may, on its own motion, make such proposals(2) the executive council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the visitor, any honorary degree conferred by the universitywithdrawal of degrees, etc27 the executive council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw a degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the university for good and sufficient cause:provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice as to why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the executive council28 (1) all powers relating to the maintenance of discipline and disciplinary action in relation to the students of the university shall vest in the vice-chancellormaintenance of discipline amongst students of university(2) there shall be a proctor of the university to assist the vice-chancellor in the exercise of the powers referred to in clause (1), who shall be appointed by the executive council from amongst the professors and associate professors in the manner prescribed by the ordinances(3) the vice-chancellor may delegate all or any of the powers referred to in clause (1), as he deems proper, to the proctor and to such other officers as he may specify in this behalf(4) without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the vice-chancellor may, in exercise of such powers, by order, direct that any student or students be expelled or rusticated, for a specified period, or be not admitted to a course or courses of study in a college, institution or department or a school of the university for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the university, college, institution or department or a school for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be withheld or cancelled(5) the principals of colleges, institutions, deans of schools of studies and heads of teaching departments in the university shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions, schools and teaching departments in the university, as may be necessary for the proper conduct of such colleges, institutions, schools and teaching departments(6) without prejudice to the powers of the vice-chancellor and the principals and other persons specified in clause (5), detailed rules of discipline and proper conduct shall be made by the university and the principals of colleges, institutions, deans of schools of studies and heads of teaching departments in the university may also make such supplementary rules as they deem necessary for the purposes stated therein(7) at the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the vice-chancellor and other authorities of the universityconvocations29 convocations of the university for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the ordinancesacting chairman of meetings30 where no provision is made for a president or chairman to preside over a meeting of any authority of the university or any committee of such authority or when the president or chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meetingresignation31 any member, other than an ex officio member of the court, the executive council, the academic council or any other authority of the university or any committee of such authority may resign by letter addressed to the registrar and the resignation shall take effect as soon as such letter is received by the registrardisqualification32 (1) a person shall be disqualified for being chosen as, and for being, a member of any of the authorities, or for being appointed as, and for being, an officer, of the university if —(i) he is of unsound mind; or (ii) he is an undischarged insolvent; or (iii) he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months (2) if any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision33 notwithstanding anything contained in the statutes, a person who is not ordinarily resident in india shall not be eligible to be an officer of the university or a member of any authority of the universityresidence condition for membership and officemembership of authorities by virtue of membership of other bodies34 notwithstanding anything contained in the statutes, a person who holds any post in the university or is a member of any authority or body of the university in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be35 (1) there shall be an alumni association for the universityalumni association(2) the subscription for membership of the alumni association shall be prescribed by the ordinances(3) no member of the alumni association shall be entitled to vote or stand for election unless he has been a member of the association for at least one year prior to the date of election and is a degree holder of the university of at least five years standing:provided that the condition relating to the completion of one year's membership shall not apply in the case of the first electionstudents council36 (1) there shall be constituted in the university, a students' council for every academic year, consisting of—(i) the dean of students' welfare who shall be the chairman of the students'council;(ii) twenty students to be nominated by the academic council on the basis of merit in studies, sports and extra-curricular activities; and(iii) twenty students to be elected by the students as their representatives:provided that any student of the university shall have the right to bring up any matter concerning the university before the students' council, if so permitted by the chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration(2) the functions of the students' council shall be to make suggestions to the appropriate authorities of the university in regard to the programmes of studies, students' welfare and other matters of importance, in regard to the working of the university in general and such suggestions shall be made on the basis of consensus of opinion(3) the students' council shall meet at least twice in every academic year and the first meeting of the council be held in the beginning of the academic sessionordinances, how to be made37 (1) the first ordinances made under sub-section (2) of section 28 may be amended, repealed or added to at any time by the executive council in the manner specified in the following sub-clauses(2) no ordinances in respect of the matters enumerated in sub-section (1) of section 28of this act shall be made by the executive council unless a draft of such ordinances has been proposed by the academic council(3) the executive council shall not have power to amend any draft of any ordinances proposed by the academic council under clause (2), but may reject the proposal or return the draft to the academic council for re-consideration, either in whole or in part, together with any amendment which the executive council may suggest(4) where the executive council has rejected or returned the draft of an ordinances proposed by the academic council, the academic council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the academic council, the draft may be sent back to the executive council which shall either adopt it or refer it to the visitor whose decision shall be final(5) every ordinances made by the executive council shall come into effect immediately(6) every ordinances made by the executive council shall be submitted to the visitor within two weeks from the date of its adoption(7) the visitor shall have the power to direct the university to suspend the operation of any ordinances(8) the visitor shall inform the executive council about his objection to the ordinances referred to in clause (7) and may, after receiving the comments of the university, either withdraw the order suspending the ordinances or disallow the ordinances, and his decision shall be finalregulations38 (1) the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the following matters, namely:—(i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;(ii) providing for all matters which are required by this act, the statutes or the ordinances to be prescribed by regulations; and(iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by this act, the statutes or the ordinances (2) every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings(3) the executive council may direct the amendment in such manner as it may specify of any regulation made under the statutes or the annulment of any such regulationdelegation of powers39 subject to the provisions of this act and the statutes, any officer or authority of the university may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers———— a billto establish and incorporate universities for teaching and research in the various states and to provide for matters connected therewith or incidental thereto————(as passed by lok sabha)

Parliament_bills

0ec901e3-0edb-5ed4-9e24-347fa61e0948

bill no lv of 2016 the women welfare bill, 2016 a billto provide for welfare of women by providing fund and creating employment opportunities and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the women welfare act, 2016(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state, in other cases the central government;(b) "fund" means women welfare fund set up under section 3:(c) "prescribed" means prescribed by rules made under this act;womenwelfare fund3 (1) the central government shall by notification in the official gazette set up a fund to be known as women welfare fund for the purposes of taking welfare measures for women5(2) the fund shall consist of contributions by central government and state governments in such ratio as may be prescribed and donations received from organisations and individuals4 the central government shall reserve at least thirty-three per cent of jobs for women in all central government services and organisations under its controlreservation of jobs in central government5 the appropriate government shall,—10(i) set up such number of women employment centres in every district as may beprescribed to provide assistance to women for employment or self employment;appropriategovernmentto undertake welfare measures for women(ii) reserve land or housing sites for women;(iii) provide free health care facilities and maternity benefits upto first twochildren;15(iv) set up women hostels wherein all facilities shall be provided free of cost; (v) pay sustenance allowance or old age pension to women who are destitute orwidows and having no source of regular income;(vi) provide free training to women for taking up employment or self employment;(vii) provide scholarships to girl students; and20(viii) reserve at least thirty per cent of seats for women in all educationalinstitutions including higher professional and technical institutions6 the central government shall provide funds to the state governments for setting up of special courts for women in every districtcentral government to provide funds for special courts257 the central government shall ensure that every commercial bank, including private and foreign banks provide loans to women at the rate of five per cent simple interest for setting up self employment unitscentralgovernmentto ensure loan to womenpower to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonswomen constitute fifty per cent of the population in the country though sixty-nineth years have passed since independence, yet there has been no improvement in the condition of women several efforts taken by the government have yielded some results, yet much has to be done to improve their lot the women do not have ample access to schools or employment opportunities only a concrete reservation system in educational institutions or government jobs or special employment or self employment opportunities will help them crimes against women are increasing and it takes very long for disposal of cases special courts can only help quick disposal of casesthere is no social security for women in distress the government should make some provision for them therefore, it is proposed to bring a comprehensive legislation for women welfarehence this billsasikala pushpa financial memorandumclause 3 of the bill provides for setting up of women welfare fund consisting of contributions by central government and other sources clause 5 provides for setting up of employment centres, reservation of land or housing sites and providing hostels, pensions, scholarships, etc to women by the appropriate government clause 6 of the bill contains the provision for setting up of special courts in every district by the central governmentit is likely to involve a recurring expenditure of about rupees ten thousand crore per annum and rupees two thousand crore by way of non-recurring expenditure memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character rajya sabha———— a billto provide for welfare of women by providing fund and creating employment opportunities and for matters connected therewith and incidental thereto————(shrimati sasikala pushpa, mp)gmgipmrnd—3637rs(s3)—02-12-2016

Parliament_bills

6f657029-52fb-5068-92a0-1177d3b1e220

bill no 100-c of 2014 the central universities (amendment) bill, 2014 a billfurther to amend the central universities act, 2009be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the central universities (amendment) act, 2014short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint525 of 20092 after section 3a of the central universities act, 2009 (hereinafter referred to as theprincipal act), the following section shall be inserted, namely:—insertion of new section 3b10"3b (1) the central university of bihar established under sub-section (4) of section 3 shall be known as the central university of south bihar, having its territorial jurisdiction extending to the territory in the south of river ganges in the state of bihar, as specified in the first schedule to this actspecial provision with respect to state of bihar(2) there shall be established a university, which shall be a body corporate, to be known as the mahatma gandhi central university, having its territorial jurisdiction extending to the territory in the north of the river ganges in the state of bihar, as specified in the first schedule to this act"53 in the first schedule to the principal act, for serial number 1 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely:—amendment of first scheduleserialname ofname of theterritorialnothe stateuniversityjurisdiction101biharcentral universityterritory in the south of the of south biharriver ganges in the state ofbihar1abiharmahatma gandhiterritory in the north of thecentral universityriver ganges in the state ofbihar———— a billfurther to amend the central universities act, 2009————(as passed by lok sabha)gmgipmrnd—2945ls—26112014 the central universities (amendment) bill, 2014 [to be/as introduced in lok sabha]1 page 3, line 3 of para 1, - for "for the establishment" read "for establishment" 2 page 3, line 2 of para 3, - for "(mothihari in east champaran)" read "(motihari in east champaran)" 3 in the docket page,- for "shri smriti jubin irani," read "smt smriti zubin irani" new delhi; august 13, 2014 ______ shravana 22, 1936 (saka)

Parliament_bills

40244eb1-e1d4-5750-84f0-7a5c58b79e55

bill no 38 of i "s the kerala appropriation (no2) bill, 1965 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the state pi kerala for the services of -the financial year 1965-66 -, be it enacted hy parliament in the sixteenth year of the republic of india as follow$:-1 this act may be called the kerala appropriation (no2) act, short title 1965 s ! from and out of the consolidated fund of the state of kerala haue of ri there may be paid and applied sums not exceeding those specified :;j:~':6~oo in column 3 of the schedule amounting in the aggregate [inclusive ~=~ of the sums specified in column 3 of the schedule to the kerala the state of appropriation (vote onj\ccount) act, 196:ij ~ to the sum of ~:"~ 10 two hundred and seventy-eight crores, ninety-three lakhs, fifteen 196 sc thousand and one hundred rupees towards defraying the several charges which will come in course of payment during the financial year 1965-66 in respect of the services specified in column 2 of the schedule 1 s 3 the sums authorised to be paid and applied from and out of the appropria- - consolidated fund of the state of kerala by this ac~ shall be appro- don priated for the services and purposes expressed in the schedule in relation to the said year suml dot exceeding --on----paruament ' the camaoli-total s dated fund rs rs rs i i apicultural income-tax i and sales tax i 4480600 1 i 4465600 i i land revenue 133,22900 10 13322900 i is000 i i ! 10,000 : iii excise 3914500 2904$00 i iv taxes on vehicles 990,600 990600 : v stanps 13>4'>400 13450400 i vi registration i;"eel 3943300 39>43300 i debt clrargu - 7,74,38,00 is 9>42,100 i 916,600 i 35500 vii state legislature viii elections 937100 1361100 1 ix heads of states minilten - and head quarters staft' 20 1,0023,000 x i diltrict administration and miaceuaneous - i 117,79,700 1,oj,93,900 xi administration of justice 5498500 i xii jails 5491500 ; 4 88,68,700 48864700 xiii zs xiv %0,61,300 police ;r~ - i state inswance and mil· 1 cellaneous 10,13,200 scientific departmenu xv "000 i i i i 3,01,24,000 10,13200 ! 3,0134000 i xvi'; university education 348,,23,700 xvii general education 3483,08700 i 30 1,21,21>400 xviii technical education 121,21>400 i ,,88ps>400 ,,88,010400 ! xix medical 4,000 i , ,__--- --------- -• | | sums | not | ex"o'ljn, ||-----------------------|-----------------------------|--------|--------------|| no | of | vote | services || and | | | || purposes | | | || voted by | | | || parliament | | | || total | | | || rs | | | || ri | | | || 5 | | | || 238m,700 | | | || xx | | | || public health | | | || 238,447 | | | || 00 | | | || xxi | public | | || health bnainoering | | | || 1,05,25,500 | | | || 1,05255 | | | || 00 | | | || 2,78,24,100 | | | || xxii | | | || i | | | || agriculture | | | || 27824100 | | | || xxiii | | | || fisheries | | | || 10447 | | | || | 300 | | || xxiv | rural development | | || 55,17,300 | | | || 5517300 | | | || 10 | | | || xxv | | | || animal | | | || husbandry | | | || 1,13048,5 | | | || 00 | | | || 113044,500 | | | || xxvi | | | || i | | | || co-operation | | | || 75,30,800 | | | || 5 | | | || 00 | | | || 98,38,900 | | | || xxvii | | | || i | | | || industries | | | || is | | | || xxviii | | | || community | development | | || projects | national | | || bxten- | | | || sion service | | | || and | | | || local | | | || ! | | | || j)evelopmem | worb | | || 60,000 | | | || xxix | | | || i | | | || labour aod employment | | | || xxx | | | || harijan | | | || welfare | | | || xxxi | statistics and misceuaneous | | || 50,51»700 | | | || 5051 | | | || ,7 | | | || 00 | | | || 20 | | | || xxxii | lnigation | | || 29 | | | || 8,01,100 | | | || 2,97,96100 | | | || xxxiii | public works | | || 9,3917,300 | | | || xxxiv | ports | | || xxxv | | | || tl'iuliport | | | || schemes | | | || famine | | | || 20,18000 | | | || xxxvi | | | || xxxvii | | | || pensions | | | || l | | | || 80,58,500 | | | || xxxviii | | | || ~tationery | | | || and printing | | | || 141,08,000 | | | || forest | | | || 5,000 | | | || xxxix | | | || xl | miscellaneous | | || xli | | | || miscel1nenua | | | || compensations , | | | || and | | | || asaipments | | | || 16,42,400 | | | || 1,00,000 | | | || xlii | | | || xliii | | | || national | | | || bmeraency | | | || i | | | || ca=tb | | | || outla: | | | || on: | public | | || 1,11,92,300 | | | || 1,11,92300 | | | || ____ | | _____ | 1 || swna | dot ||-------------------------|---------------------|| cxc:cedida | || nooofvote | || services aadpurpoeel | || voted by | || padiamttnt | || cbarpdod | || i:-~-i | || total | || ---1-----------1,------ | ______ || i | || reo | || s | || rio | || rio | || xliv | || 1 | || capital outlay | on || aari- | || i | || cultunllmprovement | || 10,000 | || 3»'42,83,800 | to || xl | || v | capital || outlay | || on | industrial || and | || economic develop- | || ment | || 30,000 | || 3»'42,63,800 | || xlvi | capital outlay || 3,3 | || 2,68,800 | || ),32,68,800 | || | i || xlvii | || i | || capital outlay | on || works | || 5,76,94,000 | || ! | || 1 | || xlviii | || capital outlay | on || i, | || orks | || xlix | ; capital outlay || , | || 80,12,000 | || i | || 1 | || 4,66,800 | || l | || ! | || capital outlay | on || i | || i | || schemes | || ! | || 4,46~800 | || : | || i | || | p"i,1oo || i | || ·$1,58,100 | || li | || i | || capital outlay | on || i | || 2,,0,000 | 20 || 2,50,000 | || lii | || i | || commuted value | || orpenli~nll | || , | || lui | : capital outlay || of | government tradillj || i | || lv | loans || and | || advanc::es | || by | || i | || the government | || 17,91,48,700 | || i | || i | || 83,i2,ii,900 | : || 5,000 | || i | || i | || 17,91>48,7 | || 00 | || : | || 66,78,12,200 | 2s || p"hlic | || ihbl | || r'fmy",,1ii | || i | || 66,18,13,300 | || i | || grant' | total | sratemen'f of objects and reasonsthis bill is introduced in pursuance of article 204(1) of the constitution of india, read with the proclamation issued by the vice-president, discharging the functions of the president, on the 24th march 1965, in exercise of powers conferred on him by article 358 of the constitution, to provide for the appropriations out of the cod-solidated fund of the state of kerala 0 fthe moneys required to meet the expenditure charged on the consolidated fund and the grants made by1:he lok sabha for expenditure of the government of kerala for the financial year 1965-66 t t krishnamachari president's :reco~ndation under article 207 of the constitution of india [copy of letter nof3 (19) -b /65, dated t~e 5th may, 1965 from shri t t krishnamachari minister of finance'to the secretary, lok sabha] the president having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of kerala for the services of the financial year 1965-66, recommends under article 207 (1) and (3) of the constitution of india read with the proclamation idum by the vice-presid -'nt discharging the functions of the president on the 24th march, 1965, under article 356 of the constitution the introduction of the kerala appropriation (no2) , bill, 1965, in the lok sa·bha and also the consideration of the bill 2 the bill will be introduced in the lok sabha after the demands for grants for expenditure of the government of the state of kerala for the year 1965-66 have been voted a billto authorise payment and appropriation of a::rtaid sums from and out of the consolidated fund of the state of kerala for the services of the financial year 1965-66 (shri t t k~j miiiut of piritiia)

Parliament_bills

b5ecf1d7-4b6e-5f42-8d92-1ff6609fa1bf

as introduced in the rajya sabhaon the 4th august, 2017 bill no xxv of 2017 the medical termination of pregnancy (amendment) bill, 2017 a billfurther to amend the medical termination of pregnancy act, 1971be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—34 of 1971amendment of section 32 in section 3 of the medical termination of pregnancy act, 1971 (hereinafter referred to as the principal act), in sub-section (2), clause (b), for the word 'twenty', the words 'twenty four' shall be substituted3 in section 6 of the principal act, in sub-section (3),—amendment of section 65(i) after the words "one session or in two" the words "or more" shall be inserted;(ii) for the words "in which it is so laid or the session immediately following"the words "immediately following the session or the successive sessions aforesaid" shall be substituted statement of objects and reasonsthe sub-section (2) of section 3 of the medical termination of pregnancy act,1971, allows the abortion of terminally ill foetuses upto twenty weeks pregnancy during the intervening period after the act was enforced, several genuine cases have come up where the fact of foetuses with serious risk of abnormalities with grave risk to physical and mental risk to mother had been noticed after twenty weeks as a result, many women were forced to move the supreme court for permission to end pregnancy beyong twenty weeks, leading to lot of mental and financial hardship to such pregnant womenthe bill intends to extend the permissible period for abortion from twenty weeks to twenty four weeks if doctors believe the pregnancy involves a substantial risk to the mother or the child or if there are substantial fetal abnormalities the bill also intends to amend the provisions of sub-section (3) of section (6) relating to laying of rules before each house of parliament and their notification etc by the housedr kanwar deep singh annexure extracts from the medical termination of pregnancy act, 1971| ||--------------------------------------------------------------------------------------------|| 45 of 1860 || 3 || ( || 1 || ) notwithstanding anything contained in the indian penal code, a registered || medical practitioner shall not be guilty of any offence under that code or under any || other law for the time being in force, if any pregnancy is terminated by him in accordance || with the provisions of this act || when || pregnancies || may be || terminated by || registered || medical || practitioners |(2) subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,—(a) where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or(b) where the length of the pregnancy exceeds twelve weeks but not exceed twenty weeks, if not less than two registered medical practitioner are, of opinion, formed in good faith, that—(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities to be seriously handicapped explanation 1—where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant womanexplanation 2—where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be resumed to constitute a grave injury to the mental health of the pregnant woman(3)(4) 6 (1)power to make rules(2)(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule rajya sabha———— a billfurther to amend the medical termination of pregnancy act, 1971————(dr kanwar deep singh, mp)gmgipmrnd—1775rs(s3)—04-08-2017

Parliament_bills

e02e762d-d35f-50b4-86c4-6a173fd13cc0

bill no 79 of 2018 the fugitive economic offenders bill, 2018——————arrangement of clauses——————clauses chapter i preliminary 1 short title, extent and commencement 2 definitions 3 application of act chapter ii declaration of fugitive economic offenders andconfiscation of property4application for declaration of fugitive economic offender and procedure therefor5attachment of property6powers of director and other officers7power of survey8search and seizure9search of persons10notice11procedure for hearing application12declaration of fugitive economic offender13supplementary application14power to disallow civil claims15management of properties confiscated under this actchapter iiimiscellaneous16rules of evidence17appeal18bar of jurisdiction19protection of action taken in good faith20power of central government to amend schedule21overriding effect22application of other laws not barred23power to make rules24laying of rules before parliament25power to remove difficulties the schedule bill no 79 of 2018 the fugitive economic offenders bill, 2018 a billto provide for measures to deter fugitive economic offenders from evading the process of law in india by staying outside the jurisdiction of indian courts, to preserve the sanctity of the rule of law in india and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the fugitive economic offenders act, 20185(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision10definitions2 (1) in this act, unless the context otherwise requires,––(a) "administrator" means an administrator appointed under sub-section (1) of section 15;45 of 1988 5(b) "benami property" and "benami transaction" shall have the same meanings as assigned to them under clauses (8) and (9) respectively of section 2 of the prohibition of benami property transactions act, 1988;(c) "contracting state" means any country or place outside india in respect of which arrangements have been made by the central government with the government of such country through a treaty or otherwise;1015 of 2003(d) "deputy director" means the deputy director appointed under sub-section (1) of section 49 of the prevention of money-laundering act, 2002;15 of 2003(e) "director" means the director appointed under sub-section (1) of section 49of the prevention of money-laundering act, 2002;15(f) "fugitive economic offender" means any individual against whom a warrant for arrest in relation to a scheduled offence has been issued by any court in india, who—(i) has left india so as to avoid criminal prosecution; or (ii) being abroad, refuses to return to india to face criminal prosecution;2018 of 2013(g) "key managerial personnel" shall have the same meaning as assigned to it in clause (51) of section 2 of the companies act, 2013;(h) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(i) "person" includes—(i) an individual;25(ii)a hindu undivided family; (iii) a company; (iv) a trust;(v) a partnership;(vi) a limited liability partnership;30(vii) an association of persons or a body of individuals, whether incorporated or not;(viii) every artificial juridical person not falling within any of the preceding sub-clauses; and35(ix) any agency, office or branch owned or controlled by any of the above persons mentioned in the preceding sub-clauses; (j) "prescribed" means prescribed by rules made under this act;40(k) "proceeds of crime" means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence, or the value of any such property, or where such property is taken or held outside the country, then the property equivalent in value held within the country or abroad;(l) "schedule" means the schedule appended to this act;(m) "scheduled offence" means an offence specified in the schedule, if the total value involved in such offence or offences is one hundred crore rupees or more;(n) "special court" means a court of session designated as a special court under sub-section (1) of section 43 of the prevention of money-laundering act, 200215 of 2003 (2) the words and expressions used and not defined in this act but defined in the prevention of money-laundering act, 2002 shall have the meanings respectively assigned to them in that act3 the provisions of this act shall apply to any individual who is, or becomes, a fugitive economic offender on or after the date of coming into force of this actapplication of act5 chapter ii declaration of fugitive economic offenders and confiscation of property104 (1) where the director or any other officer not below the rank of deputy director authorised by the director for the purposes of this section, has reason to believe (the reasons for such belief to be recorded in writing), on the basis of material in his possession, that any individual is a fugitive economic offender, he may file an application in such form and manner as may be prescribed in the special court that such individual may be declared as a fugitive economic offenderapplication for declaration of fugitiveeconomicoffender and procedure therefor(2) the application referred to in sub-section (2) shall contain—15(a) reasons for the belief that an individual is a fugitive economic offender; (b) any information available as to the whereabouts of the fugitive economicoffender;(c) a list of properties or the value of such properties believed to be the proceedsof crime, including any such property outside india for which confiscation is sought;20(d) a list of properties or benami property owned by the individual in india orabroad for which confiscation is sought; and(e) a list of persons who may have an interest in any of the properties listed under clauses (c) and (d)15 of 200325(3) the authorities appointed for the purposes of the prevention of money-laundering act, 2002 shall be the authorities for the purposes of this actattachment of property5 (1) the director or any other officer authorised by the director, not below the rankof deputy director, may, with the permission of the special court, attach any property mentioned in the application under section 4 by an order in writing in such manner as may beprescribed30(2) notwithstanding anything contained in sub-section (1) or section 4 the director orany other officer, not below the rank of deputy director, authorised by the director, may, by an order in writing, at any time prior to the filing of the application under section 4, attach any property—(a) for which there is a reason to believe that the property is proceeds of crime, or is a property owned by an individual who is a fugitive economic offender; and35(b) which is being or is likely to be dealt with in a manner which may result in the property being unavailable for confiscation: provided that the director or any other officer who provisionally attaches any property under this sub-section shall, within a period of thirty days from the date of such attachment, file an application under section 4 before the special court40(3) the attachment of any property under this section shall continue for a period of one hundred and eighty days from the date of order of attachment or such other period as may be extended by the special court before the expiry of such period(4) nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) from such enjoyment45explanation— for the purposes of this sub-section, the expression "person interested", in relation to any immovable property includes all persons claiming or entitled to claim any interest in the property55 of 1908powers ofdirector and other officers6 the director or any other officer shall, for the purposes of section 4, have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—(a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a reportingentity and examining him on oath;10(c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribedpower of survey157 (1) notwithstanding anything contained in any other provisions of this act, where a director or any other officer authorised by the director, on the basis of material in his possession, has reason to believe (the reasons for such belief to be recorded in writing), that an individual may be a fugitive economic offender, he may enter any place—(i) within the limits of the area assigned to him; or20(ii) in respect of which he is authorised for the purposes of this section, by suchother authority, who is assigned the area within which such place is situated25(2) where the director or any other officer authorised by him, on the basis of material in his possession, has reason to believe (the reasons for such belief to be recorded in writing) that an individual may be a fugitive economic offender and it is necessary to enter any place as mentioned in sub-section (1), he may request any proprietor, employee or any other person who may be present at that time, to—(a) afford him the necessary facility to inspect such records as he may requireand which may be available at such place;(b) afford him the necessary facility to check or verify the proceeds of crime orany transaction related to proceeds of crime which may be found therein; and30(c) furnish such information as he may require as to any matter which may beuseful for, or relevant to any proceedings under this act(3) the director, or any other officer acting under this section may—(i) place marks of identification on the records inspected by him and make orcause to be made extracts or copies therefrom;35(ii) make an inventory of any property checked or verified by him; and (iii) record the statement of any person present at the property which may beuseful for, or relevant to, any proceeding under this actsearch and seizure40 8 (1) notwithstanding anything contained in any other law for the time being in force,where the director or any other officer not below the rank of deputy director authorised by him for the purposes of this section, on the basis of information in his possession, has reason to believe (the reason for such belief to be recorded in writing) that any person—(i) may be declared as a fugitive economic offender; (ii) is in possession of any proceeds of crime; (iii) is in possession of any records which may relate to proceeds of crime; or(iv) is in possession of any property related to proceeds of crime, then, subject to any rules made in this behalf, he may authorise any officer sub-ordinate to him to—5(a) enter and search any building, place, vessel, vehicle or aircraft where he hasreason to suspect that such records or proceeds of crime are kept;(b) break open the lock of any door, box, locker, safe, almirah or other receptaclefor exercising the powers conferred by clause (a) where the keys thereof are notavailable;(c) seize any record or property found as a result of such search;10(d) place marks of identification on such record or property, if required or make orcause to be made extracts or copies therefrom;(e) make a note or an inventory of such record or property; and15(f) examine on oath any person, who is found to be in possession or control ofany record or property, in respect of all matters relevant for the purposes of any investigation under this act(2) where an authority, upon information obtained during survey under section 7, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence is located and seize that evidence209 notwithstanding anything contained in any other law for the time being in force–search of persons25(a) if an authority, authorised in this behalf by the central government by generalor special order, has reason to believe (the reason for such belief to be recorded in writing) that any person has secreted about his person or anything under his possession, ownership or control, any record or proceeds of crime which may be useful for or relevant to any proceedings under this act, he may search that person and seize such record or property which may be useful for or relevant to any proceedings under this act;30(b) where an authority is about to search any person, he shall, if such person sorequires, take such person within twenty-four hours to the nearest gazetted officer, superior in rank to him, or a magistrate:provided that the period of twenty-four hours shall exclude the time necessaryfor the journey undertaken to take such person to the nearest gazetted officer, superior in rank to him, or the magistrate's court;35(c) if the requisition under clause (b) is made, the authority shall not detain theperson for more than twenty-four hours prior to taking him before the gazetted officer, superior in rank to him, or the magistrate referred to in that sub-section:provided that the period of twenty-four hours shall exclude the time necessary for the journey from the place of detention to the office of the gazetted officer, superior in rank to him, or the magistrate's court;40(d) the gazetted officer or the magistrate before whom any such person isbrought shall, if he sees no reasonable ground for search, forthwith discharge such person but otherwise shall direct that search be made;45(e) before making the search under clause (a) or clause (d), the authority shall call upon two or more persons to attend and witness the search and the search shall be made in the presence of such persons;(f) the authority shall prepare a list of record or property seized in the course of the search and obtain the signatures of the witnesses on the list;(g) no female shall be searched by anyone except a female; and (h) the authority shall record the statement of the person searched under clause (a) or clause (e) in respect of the records or proceeds of crime found or seized in the course of the searchnotice510 (1) where an application under section 4 has been duly filed, the special courtshall issue a notice to an individual who is alleged to be a fugitive economic offender(2) the notice referred to in sub-section (1), shall also be issued to any other person who has any interest in the property mentioned in the application under sub-section (2) of section 4(3) a notice under sub-section (1) shall—10(a) require the individual to appear at a specified place and time not less than sixweeks from the date of issue of such notice; and15(b) state that failure to appear on the specified place and time shall result in adeclaration of the individual as a fugitive economic offender and confiscation of property under this act(4) a notice under sub-section (1) shall be forwarded to such authority, as the central government may notify, for effecting service in a contracting state(5) the authority referred to in sub-section (4) shall make efforts to serve the notice within a period of two weeks in such manner as may be prescribed20(6) a notice under sub-section (1) may also be served to the individual alleged to be afugitive economic offender by electronic means to—43 of 1961(a) his electronic mail address submitted in connection with an application forallotment of permanent account number under section 139a of the income-tax act, 1961;25 18 of 2016(b) his electronic mail address submitted in connection with an application forenrolment under section 3 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016;30(c) any other electronic account as may be prescribed, belonging to the individualwhich is accessed by him over the internet, subject to the satisfaction of the specialcourt that such account has been recently accessed by the individual and constitutes a reasonable method for communication of the notice to the individualprocedure for hearing application11 (1) where any individual to whom notice has been issued under sub-section (1) ofsection 10 appears in person at the place and time specified in the notice, the special court may terminate the proceedings under this act35(2) where any individual to whom notice has been issued under sub-section (1) of section 10 fails to appear at the place and time specified in the notice, but enters appearance through counsel, the special court may in its discretion give a period of one week to file a reply to the application under section 440(3) where any individual to whom notice has been issued under sub-section (1) of section 10 fails to enter appearance either in person or through counsel, and the special court is satisfied—(a) that service of notice has been effected on such party; or(b) that notice could not be served in spite of best efforts because such individual has evaded service of notice,45it may, after recording reasons in writing, proceed to hear the application(4) the special court may also give any person to whom notice has been issued under sub-section (2) of section 10 a period of one week to file a reply to the application under section 4512 (1) after hearing the application under section 4, if the special court is satisfied that an individual is a fugitive economic offender, it may, by an order, declare the individual as a fugitive economic offender for reasons to be recorded in writingdeclaration of fugitive economic offender(2) on a declaration under sub-section (1), the special court may order that any of the following properties stand confiscated to the central government—10(a) the proceeds of crime in india or abroad, whether or not such property isowned by the fugitive economic offender; and(b) any other property or benami property in india or abroad, owned by thefugitive economic offender15(3) the confiscation order of the special court shall, to the extent possible, identify the properties in india or abroad that constitute proceeds of crime which are to be confiscated and in case such properties cannot be identified, quantify the value of the proceeds of crime(4) the confiscation order of the special court shall separately list any other property owned by the fugitive economic offender in india which is to be confiscated20(5) where the special court has made an order for confiscation of any property under sub-section (2), and such property is in a contracting state, the special court may issue a letter of request to a court or authority in the contracting state for execution of such order(6) every letter of request to be transmitted to a contracting state under sub-section (5)shall be transmitted in such form and manner as the central government may, by notification, specify in this behalf25(7) the special court may, while making the confiscation order, exempt from confiscation any property which is a proceed of crime in which any other person, other than the fugitive economic offender, has an interest if it is satisfied that such interest was acquired bonafide and without knowledge of the fact that the property was proceeds of crime(8) all the rights and title in the confiscated property shall, from the date of the confiscation order, vest in the central government, free from all encumbrances30(9) where on the conclusion of the proceedings, the special court finds that the individual is not a fugitive economic offender, the special court shall order release of property or record attached or seized under this act to the person entitled to receive it35(10) where an order releasing the property has been made by the special court undersub-section (9), the director or any other officer authorised by him in this behalf may withholdthe release of any such property or record for a period of ninety days from the date of receipt of such order, if he is of the opinion that such property is relevant for the appeal proceedings under this actsupplementary application40 13 (1) where at any time after the institution of the application under section 4, anyother property is discovered or identified which constitutes proceeds of crime or is property owned by the fugitive economic offender liable to be confiscated under this act, the director or any other officer not below the rank of deputy director authorised by the director for the purposes of this section, may file a supplementary application in the special court seeking confiscation of such properties45(2) the provisions of sections 4 to 12 shall, as far as may be, apply in relation to suchapplication as they apply in relation to an application under section 414 notwithstanding anything contained in any other law for the time being in force,—power to disallow civil claims(a) on a declaration of an individual as a fugitive economic offender, any courtor tribunal in india, in any civil proceeding before it, may, disallow such individual from putting forward or defending any civil claim; and5(b) any court or tribunal in india in any civil proceeding before it, may, disallow any company or limited liability partnership from putting forward or defending any civil claim, if an individual filing the claim on behalf of the company or the limited liability partnership, or any promoter or key managerial personnel or majority shareholder of the company or an individual having a controlling interest in the limited liability partnership has been declared as a fugitive economic offenderexplanation—for the purposes of this section, the expressions—(a) "company" means anybody corporate and includes a firm, or other association of persons; and106 of 2009(b) "limited liability partnership" shall have the same meaning as assigned to it in clause (n) of sub-section (1) of section 2 of the limited liability partnership act, 20081515 (1) the central government may, by order published in the official gazette, appoint as many of its officers (not below the rank of a joint secretary to the government of india) as it thinks fit, to perform the functions of an administratormanagement of properties confiscated under this act(2) the administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (2) of section 12 in such manner and subject to such conditions as may be prescribed20(3) the administrator shall also take such measures, as the central government may direct, to dispose of the property which is vested in the central government under section 12:provided that the central government or the administrator shall not dispose of any property for a period of ninety days from the date of the order under sub-section (2) of section 1225 chapter iii miscellaneous16 (1) the burden of proof for establishing—rules of evidence(a) that an individual is a fugitive economic offender; or30(b) that a property is the proceeds of crime or any other property in which the individual alleged to be a fugitive economic offender has an interest, shall be on the director or the person authorised by the director to file the application under section 435(2) notwithstanding anything contained in any other law for the time being in force, where any person referred to in sub-section (2) of section 10 claims that any interest in any property was acquired bonafide and without knowledge of the fact that, such property constitutes proceeds of crime, the burden of proving such fact shall lie upon him(3) the standard of proof applicable to the determination of facts by the special courtunder this act shall be preponderance of probabilitiesappeal40 17 (1) an appeal shall lie from any judgment or order, not being an interlocutory order,of a special court to the high court both on facts and on law(2) every appeal under this section shall be preferred within a period of thirty daysfrom the date of the judgment or order appealed from:45provided that the high court may entertain an appeal after the expiry of the said periodof thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days:provided further that no appeal shall be entertained after the expiry of period of ninetydaysbar of jurisdiction18 no civil court shall have jurisdiction to entertain any suit or proceeding in respectof any matter which the special court is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act5protection of action taken in good faith19 no suit, prosecution or other legal proceeding shall lie against the centralgovernment or presiding officer of the special court or director or deputy director or anyother officer authorised by the director for anything which is in good faith done or intended to be done under this act or any rule made thereunder1020 (1) the central government may, having regard to the objects of this act, and if itconsiders necessary or expedient so to do, by notification add to, or as the case may be, omit from the first schedule any offences specified thereinpower of central government to amend schedule (2) every such notification shall, as soon as after it is issued, be laid before eachhouse of parliamentoverriding effect1521 the provisions of this act shall have effect, notwithstanding anything inconsistenttherewith contained in any other law for the time being in force22 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in forceapplication of other laws not barred power to make rules23 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act20(2) in particular, and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the form and manner of filing application under sub-section (1) of section 4;(b) the manner of attachment of property under sub-section (1) of section 5; (c) other matters under clause (f) of section 6;25(d) the manner in which the notice shall be served under sub-section (5) ofsection 10;(e) any other electronic account under clause (c) of sub-section (6) of section10;30(f) the manner and conditions subject to which the administrator shall receiveand manage the property confiscated under sub-section (2) of section 15; and(g) any other matter which is required to be, or may be, prescribed or in respectof which provision is to be made by ruleslaying of rules before parliament35 4024 every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rulepower to remove difficulties25 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty:45provided that no order shall be made under this section after the expiry of five yearsfrom the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made,before each house of parliament the schedule [see section 2(l) and (m)]| section | description of offence ||-----------------------------------------------------------------------|----------------------------------------------------------------------------|| i offences under the indian penal code, 1860 (45 of 1860) | || 120b read with | punishment of criminal conspiracy || any offence in | || this schedule | || 255 | counterfeiting government stamp || 257 | making or selling instrument for counterfeiting government stamp || 258 | sale of counterfeit government stamp || 259 | having possession of counterfeit government stamp || 260 | using as genuine a government stamp known to be counterfeit || 417 | punishment for cheating || 418 | cheating with knowledge that wrongful loss may ensue to person whose || interest offender is bound to protect | || 420 | cheating and dishonestly inducing delivery of property || 421 | dishonest or fraudulent removal or concealment of property to prevent || distribution among creditors | || 422 | dishonestly or fraudulently preventing debt being available for creditors || 423 | dishonest or fraudulent execution of deed of transfer containing false || statement of consideration | || 424 | dishonest or fraudulent removal or concealment of property || 467 | forgery of valuable security, will, etc || 471 | using as genuine a forged [document or electronic record] || 472 | making or possessing counterfeit seal, etc, with intent to commit forgery || punishable under section 467 | || 473 | making or possessing counterfeit seal, etc, intent to commit forgery || punishable otherwise | || 475 | counterfeiting device or mark used for authenticating documents described || in section 467, or possessing counterfeit marked material | || 476 | counterfeiting device or mark used for authenticating documents other || than those described in section 467, or possessing counterfeit marked | || material | || 481 | using a false property mark || 482 | punishment for using a false property mark || 483 | counterfeiting a property mark used by another || 484 | counterfeiting a mark used by a public servant || 485 | making or possession of any instrument for counterfeiting a property || mark | || 486 | selling goods marked with a counterfeit property mark || section | description of offence ||------------------------------------------------------------------------------------|-------------------------------------------------------------------------------|| 487 | making a false mark upon any receptacle containing goods || 488 | punishment for making use of any such false mark || 489a | counterfeiting currency notes or bank notes || 489b | using as genuine, forged or counterfeit currency notes or bank notes || ii offence under the negotiable instruments act, 1881 (26 of 1881) | || 138 | dishonour of cheque for insufficiency, etc, of funds in the account || iii offence under the reserve bank of india act, 1934 (2 of 1934) | || 58b | penalties || iv central excise act, 1944 (1 of 1944) | || section 9 | offences and penalties || v offences under the customs act, 1962 (52 of 1962) | || 135 | evasion of duty or prohibitions || vi offences under the prohibition of benami property transactions act, 1988 | || (45 of 1988) | || 3 | prohibition of benami transactions || vii offences under the prevention of corruption act, 1988 (49 of 1988) | || 7 | public servant taking gratification other than legal remuneration in || respect of an official act | || 8 | taking gratification in order, by corrupt or illegal means, to influence || public servant | || 9 | taking gratification for exercise of personal influence with public || servant | || 10 | punishment for abetment by public servant of offences defined in || section 8 or section 9 of the prevention of corruption act, 1988 | || 13 | criminal misconduct by a public servant || viii offences under the securities and exchange board of india act, 1992 | || (15 of 1992) | || 12a read with | prohibition of manipulative and deceptive devices, insider trading and || section 24 | substantial acquisition of securities or control || 24 | offences for contravention of the provisions of the act || ix offence under the prevention of money laundering act, 2002 (15 of 2003) | || 3 | offence of money-laundering || 4 | punishment for money-laundering || x offences under the limited liability partnership act, 2008 (6 of 2009) | || sub-section (2) | carrying on business with intent or purpose to defraud creditors of the || of section 30 | limited liability partnership or any other person or for any other fraudulent || purpose | || section | description of offence ||-------------------------------------------------------|--------------------------------------------------------------------------|| xi foreign contribution (regulation) act, 2010 | || 34 | penalty for article or currency or security obtained in contravention of || section 10 | || 35 | punishment for contravention of any provision of the act | xii offences under the companies act, 2013 (18 of 2013)| sub-section (4) | offer or invitation for subscription of securities on private placement ||----------------------------------------------------------------------|----------------------------------------------------------------------------|| of section 42 of | || the companies | || act, 2013 read | || with section 24 | || of the securities | || and exchange | || board of india | || act, 1992 | || (15 of 1992) | || 74 | repayment of deposits, etc, accepted before commencement of the || companies act, 2013 | || 76a | punishment for contravention of section 73 or section 76 of the || companies act, 2013 | || second | carrying on business of a company for a fraudulent or unlawful purpose || proviso to sub- | || section (4) of | || section 206 | || clause (b) of | conducting the business of a company with intent to defraud its creditors, || section 213 | members or any other persons or otherwise for a fraudulent or unlawful || purpose, or in a manner oppressive to any of its members or that the | || company was formed for any fraudulent or unlawful purpose | || 447 | punishment for fraud || 452 | punishment for wrongful withholding of property | xiii offence under the black money (undisclosed foreign income and assets) and imposition of tax act, 2015 (22 of 2015)| 51 | punishment for wilful attempt to evade tax ||--------------------------------------------------------------------------------|---------------------------------------------------|| xiv offence under the insolvency and bankruptcy code, 2016 (31 of 2016) | || 69 | punishment for transactions defrauding creditors || xv offence under the central goods and services tax act, 2017 (12 of 2017) | || sub-section (5) | punishment for certain offences || of section 132 | | statement of objects and reasonsthere have been several instances of economic offenders fleeing the jurisdiction of indian courts anticipating the commencement of criminal proceedings or sometimes during the pendency of such proceedings the absence of such offenders from indian courts has several deleterious consequences, such as, it obstructs investigation in criminal cases, it wastes precious time of courts and it undermines the rule of law in india further, most of such cases of economic offences involve non-repayment of bank loans thereby worsening the financial health of the banking sector in india the existing civil and criminal provisions in law are inadequate to deal with the severity of the problem2 in order to address the said problem and lay down measures to deter economic offenders from evading the process of indian law by remaining outside the jurisdiction of indian courts, it is proposed to enact a legislation, namely, the fugitive economic offenders bill, 2018 to ensure that fugitive economic offenders return to india to face the action in accordance with law3 the said bill, inter alia, provides for:(i) the definition of the fugitive economic offender as an individual who has committed a scheduled offence or offences involving an amount of one hundred crore rupees or more and has absconded from india or refused to come back to india to avoid or face criminal prosecution in india;(ii) attachment of the property of a fugitive economic offender and proceeds of crime;(iii) the powers of director relating to survey, search and seizure and search of persons;(iv) confiscation of the property of a fugitive economic offender and proceeds of crime;(v) disentitlement of the fugitive economic offender from putting forward or defending any civil claim;(vi) appointment of an administrator for the purposes of the proposed legislation;(vii) appeal to the high court against the orders issued by the special court;and(viii) placing the burden of proof for establishing that an individual is a fugitive economic offender on the director or the person authorised by the director 4 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 3rd march, 2018 financial memorandumthe bill does not involve any expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 23 of the bill empowers the central government to make rules for carrying out the provisions of the proposed legislation in respect of matters, which shall, inter alia, include—(a) the form and manner of filing application under sub-section (1) of section 4; (b) the manner of attachment of property under sub-section (1) of section 5; (c) other matters under clause (f) of section 6; (d) the manner in which the notice shall be served under sub-section (5) of section 10; (e) any other electronic account under clause (c) of sub-section (6) of section 10; (f) the manner and conditions subject to which the administrator shall receive and manage the property confiscated under sub-section (2) of section 15; and(g) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules2 the matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character————— a billto provide for measures to deter fugitive economic offenders from evading the process of law in india by staying outside the jurisdiction of indian courts, to preserve the sanctity of the rule of law in india and for matters connected therewith or incidental thereto—————mgipmrnd—4386ls(s3)—05-03-2018

Parliament_bills

aba2490e-c6c1-5d8f-aa9d-dc55ec2ebb4e

biu no 78 of i,,! the constitution (twenty-third amendment) bill, 1969a bill further to amend the constitution of india be it enacted by parliament in the twentieth year of the republic of india as follows:-1 this act may be called the constitution, (twenty-third amendment) short tide act, 1969 ameddment of article 330· s 2 in article 330 of the constitution, in sub-clause (b) of clause (1), for the words "except the scheduled tribes in the tribal areas of assam", the words "except the scheduled tribes in the tribal areas of assam and in nagaland" shall be substituted 3 in article 332 of the constitution, in clause (1), for the words amendment of article 333 10 "except the scheduled tribes in the tribal areas of assam", the words "except the scheduled tribes in the tribal areas of assam and in nagaland" shall be substituted amendment of article 333· to (1) in article 333 of the constitution, for the words "nominate such number of members of the community to the assembly as he con-is siders appropriate", the words "nominate one member of that community to the assembly" shall be substituted (2) nothing contained in sub-section (1) shall affect any representation of the anglo-indian community in th~ legislative assembly of any state existing at the commencement of this act until the dissolution of ao that assembly 5 in artlele 3m 01 the constltutioll, for the words "twenty years" the wwtja "thirty ~ sball be subatttuted financial memorandumclause 5 of the bill seeks to amend article 334 of the constitution toprovide for the continuance of the representation of the anglo-indian community in the house of the people and in the legislative assemblies of the states by nomination for a further period of ten years from 26th january, 1970 it is estimated that the recurring expenditure on the salaries and allowances and other concessions, of the two representatives of the anglo-indian community in the house of the peopl~ under article' 331, will be of the order of rs 50,000 per annum 2 there will be no non-recurring expenditure - - part xvi special provisions relating to certain classes330 (1) seats shall be reserved in the house of the people for- reservation of seats for scheduled castes and scheduled tribes in the house of the people - (b) the scheduled tribes except the scheduled tribes in the tribal areas of assam; and - - ri'scrvation of seats for 332 (1) seats shall be reserved for the scheduled castes and the scheduled tribes, except the scheduled tribes in the tribal areas of assam, in the legislative assembly of every state - - - sch~d\lled castes and scheduled tribes in the legislative assem- blies of the states 333 notwithstanding anything in article 170, the governor of a state may, if he is of opinion that the anglo-indian community needs representation in the legislative assembly of the state and is not adequately represented therein, nominate such number of members of the community to the assembly as he considers appropriate representation of the anglo-indian community in the legislative assemblies of the states 334 notwithstanding anything in the foregoing provisions of this part, the provisions of this constitution relating to-reservation of seats and special representation to cease after twenty years (a) the reservation of seats for the scheduled castes and the scheduled tribes in the house of the people and in the legislative assemblies of the states; and (b) the representation of the anglo-indian communit; in the house of the people and in the legislative assemblies of the states by nomination, shall cease to have effe~t on the expiration of a period of twenty years from the commencement of this constitution: provided that nothing in this article shall affect any representation in the house of the people or in the legislative assembly of a state until the dissolution of the then existing house or assembly, as the case may be statement of objects and reasonsarticle 334 of the constitution lays down that the provisions of the constitution relating to the reservation of seats for the scheduled castes and scheduled tribes and the representation of the anglo-indian community by nomination in the house of the people and the legislative assemblies of the states sball cease to have elect on the expiration of a period of twenty years from the commencement of the constitution although the scheduled castes and scheduled tribes have mad~ considerable progress in the last twenty years, the reasons which weighed with the constituent assembly in making provisions with regard to the aforesaid reservation of seats and nomination of members, have not ceased to exist it is, therefore, proposed to continue the reservation for the scheduled castes and the scheduled tribes and the representation of anglo-indians by nomination for a further period of ten years 2 more than ninety per cent of the population of the state of nualand, which came into being in 1963, is tribal it would be anomalous to make provision for reservation for scheduled castes and scheduled tribes in legislatures in the states where they are in a majority it is, therefore, proposed, as desired by the government of nagaland, not to make any reservation for the scheduled tribes in nagaland either in the house of the people or in the state legislative assembly articles 330 and 332 of the constitution afe bemg amended for this purpqse 3 under article 338 of the constitution, the number of anglo-indians, who may be nominated to the state legislative assemblies, is left to the discretion of the governor it is now proposed to amend that article so as to provide that not more than one anglo-indian should be nominated by the governor to any state legislative assembly this amendment will not however affect representation of the anglo-indian community in the existing legislative assemblies until their dissolution new delhi; p govinda menon the lith august, 1969 a bill further to amend the constitution of india

Parliament_bills

78fd6b85-be31-5a66-81ea-9258d3bb49fe

\ \ ll~ ,}i(o; ~, ~51t81 the merchant shipping (amendment) bill, 1981 a billfurther to amend the merc1wmt shipping act, 1958 be it enacted by parliament in the thirty-second year of the reptiblit: of india as follows:-1 this act may be called the merchant shipping (amend-short title ment) act, 1981 44 of 1958 adlh- of section 2l 5 2 in section 21 of the merchant shipping act, 1958 (hereinafter referred to as the principal act) ,-{i) in the opening portion, for the word "e1ther", the word i'any" shall be sul5!rtftuted; (ii) in clause (b), the word "or" shall be added at 10 the end; (iii) after claljse {b>, the following clause ijluill bt insetted,' 'nblm'ly: "(c) a co-oper_tive society which ,atis6es r the following reqlare~euts,~e11:-2 of 1812 (i)' the' ea-openttive ,sbctety 1( l'ettjbteted o'f ~ed to be reg'i~red u1l~r ~ o):o~ai!we ;g~e~ ~,'it12, -(it ; liny' bth'~w te!iftiii : to ~'opetdive "ciem~ tor: it1ie ~~)'p~, in '~ in any state; (ii) every individual who is a member of the co-operative society and where any other cooperative society is a member thereof, every individual who is a member of such outer cooperative society, is a citizen of india" 5 amendment of section 25 3 in clause (e) of section 25 of the principal act, after the words "a company", the words "or a co-op,erative society" shall be inserted amendment of section 26 4 in section 26 of the principal act, after the words "a company" at both the places where they occ'l1r, the words "or in a co-operative society" shall be inserted 5 in section 29 of the principal act,-amendment of section 29 (i) in the opening portion, after the words "a company", the words "or a co-operative society" shall be inserted; is (ii) in clause (a), for the words, brackets, letter and figures "or in the case of a company, whether the company satisfies the requirements specified in clause (b) of section 21", the words, brackets, letters and figures "or in the case of a company or a co-operative society, whether 20 the company or the co-operative society satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21'· shall be substituted; (iii) in clause (d), after the words "the company", the words "or the co-operative society" shall be inserted 2s amendment of ~tioa45 6 in sub-section (2) of section 45 of the principal act, for the words, brackets, letter and figures "or any company which satisfles the requtrl'"ments specified in clause (b) of section 21''', the words, brackets, letters and figures nor any company or any co-operative society which satisfies the requirements 30 specified in clause (b) or, as the case may be, clause (c) of section 21" shall be substituted amendment of section 408 7 in sub-section (1) of section 406 of the principal act, after the words "or a company" at both the places where they occur, the words "or a co-operative society" shall be inserted 35 amendment :; 8 lnsub-sei:tion (1) pf section 407 of the principal act, for the words, brackets, letter and figures flor a company which ~tisfies the requirements specljled in clause (b) of section 21", ,t~ words,btacke~, letters and figures "or a company or a c0-operative ioc:iety which sat1aftes the requirements specified in 40 ,cla~e ,(b) or, as the case may be, clause (c) of section 21" shall be substituted amendment of ection 415 9 in section 415 of the principal act, for the words, brackets, letter and figures "or a company which satisfies the requirements specified in clause (b) of section 21", the words, brackets, letters and figures "or a company or a co-operative soclety which s satisfies the requirements specified in clause (b) or, 'as the case may be, clause (c) of section 21" shall be substituted amendment of section 431 , lo in sub-section (1) of section 431 of the principal act, for the words, brackets, letter and figures "or a company wh;ch satisfies the requirements specified in cla115e (b) of section 21", 10 the words, br~ckets, letters and figures "or a company or a co-operative society which s'8tisfies the requirements specified in ~l~use (b) or, as the case may be, clause (e) of section 21" shall be substituted amendment of section 441 11 in section 441 of the principal act, in clause (a) of the 15 explanation, for the, words - "company" includes a firm', the words - "company" includes a co-operative society, a firm' shall be substituted the pr~visions of ~he l'4erchant shipping ,act, 1958"dq, jlot pej:mit theacquisi'tion of an' indian ship by a co-o~x:ativ~ sq~~ty in ,the interest,s, of <:o-operative movement, particu~~ ly in the ba~kward areas, government feel that any leiai un~ , , pe{lliij~~t in the way of co-operative effoj;ts should be renlov~t;l this woujd also help ,co-operative socie~iest paruc~li, jp remote areas far away from mainland, to estabpsh sllpp}y4 marketing and distrih'llting system without depending on' any commercial shipping line the bid seeks to achieve the abo~e object new delhi; the 7th april, 1981 veerendra patil (44 m-' 19k)- - - - z1 for the purpgses of this act, a ship shall not be deemed indian shipe to be an indian ship unless owned wholly by persons to each "of whom' either: of: the' fohowidg descriptions applim:-(4) a citizen of india; or (b) a company which satisfies the followitlg requirements, namely:-- - - - - (~~ the managing agents, if any, of tbeeompany are "ettti!ensof india or in any case whe1e a compafty is the ' ltumaging age:nt; the 'compally 'iiatisftes'1he requirements specified in sub-clauses (i)~ (iol, (ii'i) and '(itt) - - - - - is every tegistrar -shall keep' a book to t be callett thlf'~gis-register qoqk ter 'bookand entries in that book shah' be made 'in' accordaftee with" th~ 1ohowing' provisiors:-- - - - - (e) a company may be r,egistered as owner by its name ii '&1 applie8tion tor the' registry alan indian' ship shall application be madefor registry (a) in the 'case of an individual, by the person requiring to be registered as owner or by his agent; (b), in the ~ of more than, one individual req~iri1jg to be so r~gistel'ed, by sqm8 ·one or more of the persons so, nt<ijlir,ing or ,by hi& or their agqllt;, and (e) in the case of a company requlrihg'fo be so regfstered: by its agent; and theauth~rit~" oftq~ ~~~t shall be te!'tifie~ by, wii,ting, if appointed tiy ~ tndtv1dual, un~er thehattdqi the p'!rscm ~pto~tb)~: htin' &net;ff, ~ip~oin~ed' '''by a eomp'ii\y, mnt~ its commtm'seat " declarauon of ownerahlp on 1'8iiau,21 a person shall not be registered as the owner of an indian ship or o'f a share therein until he or, in the case of a company, the person authorised by this act to make declarations on its behalf has made and signed a declaration of ownership in the prescribed form referring to the ship as described in the certificate of the surveyor and containing the following particulars: -(a) a statement whether he is or -is not a citizen of india; or in the case of a company, whether the company satisfies the requirements specified in clause (b) of section 21; - - - - - (d) the number of shares in the ship ill resped: of which he or the company, as the case may be, claims to be registered as owner; and - - - - - 45 (1) - - - - - | order | tor | sale ||----------|--------|---------|| where | ship | has || ceased | to | || be | | || an | indian | ship |(2) on receipt of such report, the central government may make an application to the high court for a direction for the sale to any citizen of india or any company which satisfies the requirements specified in clause (b) of section 21 of the property so transmitted - - - - - | indian | ships ||-----------|-----------|| and | chartered || ahipe | || to | || be | || licensed | |406 (1) no indian ship and no other ship chartered by a citizen of india or a company '3h'811 be taken to -sea from a port or place within or outside india except under a llcence granted by the director-general under this section: proviaed that the central government, if it is of op:nion that it is necessary or expedient in the public interest so to do, may, by notification in the official gazette, exempt any class of ships cbartered by a citizen of india or a company from· the pi'o'llision'3 of this sub-section - - - - licensing ot shipb for coasting trade 407 (1) no ship other than an indian ship or a sh'p chartered by a citizen of india or a company which satisfies the requirements specified in clause (b) of section ~1, 'shall engage in the coasting trade' of india except under a licence granted by the director-general under this section - - - - - appucation of part 415 save as otherwise provided, this part app1:,s to every sea-going sailing vessel owned by a citizen of ind:lar 0, fl c:pqjpany which satisfies the requtrements specl1led in clauiht (b)~t section 2 1 ' "': - - - - - 431 (1) a sailing vessel not owned by a citizen of india or a company which satisfies the requirements specified in clause (b) of section 21, shall not engage in the coasting trade of india without the written permission of the director-general, noll-indian sailing vell not to enpfe in coutidg trade without permli8iog - - - - - offences by companies 441 (1) if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, sh'8ll be deemed to be guilty of the offence and shall be liable to be proceedea against and punished accordingly: provided that nothing in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the comrl!ission of such offence (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other oftlcer of the company, such director, manager, secretary or other officer shall also be deemed to be gutny of tliat offence and shall be liable to be proceeded against and punished accordingly explanation-for the purposes of this section,-(a) "company" includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm - - - - - a bill1urther to amend the merchant shipping act,; u l " , (shri vee""'a patiz, miniltefo of shipping grci tf'ciiiipor't)

Parliament_bills

00e05e22-8bf2-5c71-93ba-b6b69ea637fb

the payment of bjnus (amendment) bill, 1977 l-to ,be/as introduced in jpk sabbal 1 page 3, line 4,-aftar "explanation," t!uj&l "for n 2 :page ", line 30,-against item no5! in coluim'l under the head "particu a,i"s",-lqr " no s 1 2, 3, and 4 " read "no s1, 2, 3 and 4" 3 page 12, in the marginal heading to section 6,-~ "fits" ~ "profits" 4 page 12, line 2 from bottom,-fql "devolpment" ~ "development" 5 page 13, line 2,-(i) for ''purpo ::9 se " read ''purpo se s" (ii) for "alo lcable" read "allocable" (iii) for "shal" read "shall" 6 page 13, lino 6 from bottom,-for "acounting" ~ "accoun ting" kartika 2, 1 99 ( saka) bill no 133 of 1977 the payment of bonus (amendment) bill, 1977a bill further to amend the payment of bonus act, 1965 be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-1 (1) this act may be called the payment of bonus (amendment) act 1977 short title and commencem:mt , (2) it shall be deemed to have comf: into force on the 3rd day of september, 1977 2 the payment of bonus act, 1965 (hereinafter referred to as the principal act) shall,-(a) in relation to a factory or other establishment to which the 10 principal act applies immediately before the commencement of this act; and act 21 of 1966 to have modifted eft'ect for a particular period (b) in relation to a banking company and the industrial reconstruction corporation of inma to which the principal act applies on and from such commencement by virtue of this act, is have effect in respect of the accounting year commencing on any day in the yeari 1976 as if the amendments ~ifled in sections 3 to 20 had' bl!en made in that aqt explarultion-in this section, the expressions "banking company" and "accounting year" shall have the meanings respectively assigned to 20 them in clauses (8) and (1) of section 2 of tbe principal act substitution of long title 3 in the principal act, far the long title, the following long title shall be s\lbstituted, namely:-"an act to provide for the payment of bonus to persons employed in certain establishments and for matters connected therewith" s amendment of section 2 4 in section 2 of the principal act, in sub-clause (0) of clause (4) i after the words "being a company", the brackets and words" (other thfln a banking company)" shall be inserteci "4 the gross profits derived by an employer from an establishment in respect of the accounting year shall-substitu-5 for section 4 of the principal act, the following section shall be tion of substituted, namely: -10 new section for section 4 computation of grms profits (a) in the case of a banking company, be calculated in ·the manner specified in the first schedule; (b) in any other case, be calculated in the manner spec!- is fied in the second schedule" 6 in section 6 of the principal act,-amendment of section 6 (a) in c]ause (b), for the words "development rebate or de-'ftlopment allowance", the words "development rebate or investment allowance or cievelopment allowance" ,shall po substituted; 20 (b) in clause (d), for the words "second schedule", the words "third schedule" shall be substituted amendment of section 7 7 in section 7 of the principal act, in clause (e), for the brackets and words "(other than development rebate or development allowance)", the brackets and words u (other than development rebate or ,investment 2s allowance or development allowance)" shall be substituted , 8 in section 10 of the principal act,-amendment of section 10 (a) after sub-section (2), the following sub-section shall be inserted, namely:-'(2a) notwithstanding anything contained in sub-seetlon 30 (1), every employer shall be bound to pay t() every employee a minimum bonus whicbshall {be 833, per cent oi the s~ary or wage earned by the employee during the: ~ccounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocabl~sutplus in the accounting year: , 35 provided that where an employee has not completed tuteen years of age at the beginning of the accounting year, the provisions of this su~e¢ti'on smil have -effect in relation to such employee as i~·for the 'words i{~ hunch-eli'rupees", the words "sixty rupees'" were substituted'': ";; 40 (b)· in sub-seetion (3), f~ the w~rds "t)lird sch~dule~~, the words "fourth schedule" shall be 8ubstitutec1 "; ' , 9 in section 15 of the principal act, for the words "third !schedule" ,wqerever they oceur, 'the 'mii'ds "fourth schad",l," 3hall be sublti~ted amendment of section 15 , 10 in ~qq ,16 of, the principal act, in bub-section (lb) for the 1 ~orcts ~i~,bircl ,~l::h~e',i at bpth the places wh~e they oc~ur, the words "fourth schedule" shall be substituted amendment of section 16 rll in secijon ~~ of the , principal act, in the explanation, '~ the amendwords and figures i sections 22, 23 and 25", the words and figures '-sections ment of s 22, 23, 24 and 25" shall be substituted , section 2t 12 in section 23 of the principal act, in sub-section (1), for the wprd ~ figures "section 25", the ~ords and figures "sections, 24 and 25" sball·btt su~tw,ated amend ment of -on 21 ,; r ,, 13 -after ~on '23 of the principal act, the following section shall insertion 10 be inserted, namely: _ ~ of ~ sectlctn is" 21 , audited ,acc°llpt ot bankingcom-penial not to be queatioar ed "24 (1)' where any dispute of the nature specified in ie,tion 22 ,between an employer, being a banking company, and its employees has been merreq to the said authority under that section and dulling the cou1'lie of ptooettdings the account$ of ~ banking com- pany 'duly audited are pr<dueed before it, the sald authority, shall not permit any trade union or employeetj-to question the correctnes; of such a~cb~ts but the trade union or the employees may be permitted to obtain from the banking company such information as is necessaty for verifying the amount of bonus due under this act 20 loot 1949 (2) nothing contained in sul>-section (1) shali enable the trade union or ,the employees to obtain any information which the bankirig, 'jc(),m~n,y' 'is not cbin~elled to furnish under the provisions of section 3fa of the banking'regulation act, 1949''- , ~ ' , - j m in section 27 of the principal act, after sub-section (4), the =::i 2st following sub-sectiqn shall ,be i~serted namely:-section 27 "(5) nothing containen in this section shall enable an inspector to require a banking company to furnish or disclose any statement or information or to pr6duee, or give inspection of, any of its books of '1 r'acco~rit ~·other dotitrnel'lts, which a banking company cannot be 30 cihripehed to furnish, disclose, produre: or ,give inspeetim of, under the ptovisions df section 34a of the banking regulation act, 1949" loot 1949 amend· ment 'of lection sla 15l in section 31a of the principal act, in the proviso, for the words "provided that" the words "provided further that" shall be substituted , aria 'before' the· proviso ,as 'so' amended, 'the following proviso, ahau be 3s inserted, namely:-"provined that 'biln s,l~ agreement or settlement whereby the employees relinquish their right to receive the minimum bonus under ~b:-saction ,(u) of e1~ction 10 s~~ be,null and void in so far as it ,purporta ;to; dew-ive tllem9f 8uc~lirlght 16 in section 32 of the principal act,-(a) ~use ,(vii) ~l be o~itted; amendment of section 32 - '; , (b) ill eleule ,(i3::),-~ '-, 11 , (i) su1l-c1e"- (ff), sball be omitted; (ii) in bub-clause (g), after the words "financial institu'tion", i the brackets and words ii (other than a banking company)" shall be inserted 17 forsection 34 of the principal act, the following sections shlill be substituted, namely:-s substitution of new sections for l3ection 34 "34 nothing contained in this act shall be construed to preclude employees employed in any establishment or class of establishments from entering into agreement with their employer for granting them an amount of bonus under a formula which is different from that unner this act: 10 provided that no such agreement shall have effect unless it is entered into with the previous approval of the appropriate government:· employees and employers not to be precluded from enterins into agreements for grant of bonus under a different formula provided further that any such agreement whereby the employees relinquish their right to receive the minimum bonus under subsection (2a) of section 10 shall be null and void in so far as it purports to is deprive them of such right: provided also that such employees shall not be entitled to be paid bonus in excess of-(a) 833 per cent of the salary or wage earned by them during the accounting year if the employer has no allocable surplus 20 in the accounting year or the amount of such allocable surplus is only so much that, but for the provisions of sub-section (2a) of section 10, it would entitle the employees only to receive an amount of bonus which is less than the aforesaid percentage; or 2s (b) twenty per cent of the salary or wage earnec\ by them during the accounting year 34a subject to the provisions of sections 3la and 34 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or con- 30 tract of service" effect of laws and agreements inconsistent with the act 18 in the principal act, the first schedule shall be renumbered as the second schedule and,-amendment of the fir&t schedule (a) in that schedule as so renumbered-35 ~ • '''l (i) for the brackets, words and figure "(see section 4)o"t the brackets, words, figure and letter "[see section 4(b)]" shall be substituted; (ii) in column (2), ~gainst item no2, 'for the entry "(d) development rebate/development allowance ~rve"· the 40 entry "(d) development rebate/investment allowance/development allowance reserve" shall be substituted; (b) before that schedule as so renumbered, the following schedule shall be inserted; namely:- 'the first schedule [see section 4(a)1 compt1fation of gross profitss accounting year ·en~g"""'''''''''''i'~'' ---- item no particulars amountof amount of remarks sub-items main; itemi -----------------------------------ri ri 10 - 1 net profit as shown in the profit and loss account after making usual and necessary provisions (d) any other reserves ~ add back provision for : (a) bonus to employees 15 (b) depreciation (c) development rebate reserve s footnote (i) $14 footnote (i) 20 total of item no 2 ri s, footnote (i) 3 add back also : (a) bonus paid to employees, in respect of previous accounting years 30 3s s footnote (i) 4s so (b) the amount debited in respect of gratuity paid or payable to employees in excess of the aggregate of-(i) the amount, if any, paid to, or provided for payment to, an approved gratuity fund; and (ii) the amount actually paid to employees on their retirement or on termination of their employment for any reason (c) donations in excess of the amount admissible for income-tax (d) capital expenditure (other than capital expenditure on scientific research which is allowed as a deduction under any law for the time being in force relating to direct taxes) and capital losses (other than losses on sale ot capital assets on which depreciation has been allowed for incometax) ---wbcre the profit aubjec: to taxation ii aho~1a the prailt addlco acc:ollll" iiid the ~vialod made for taxea on ij:a-:ome il i~ own, the actaal provilinn for t_ on inc '·me lhall be deducted from the profit item no particulars amouat of amount of relda:b sub-items main items ri as 5 10 of 1949 10 (e) any amount !=ertified by the reserve bank of india in terms of sub-section (2) of sectiqq3oth of the bulkiog ~tiod act, 1949 u) losacs of, or expendit1u'e relatial to, any bllsiness situated outside india total of item no3' rs ----4 add al,o income, profits or gains (if any) credited directly to published or disclosed re-is serves, other than-(i) capital receipts and capital profits (including profits on the sale of capital 888et8 on which depreciation has dot been allowed for incometax) ; (a) profits of, and receipts relating to, any business situated outside india; 25 (iii) income of foreign banking companies from investments outside india net total of item no 4 ri 5 total of item nos i 2, 3, and 4 rs 30 s,! footnote ~2) 35 see footnote (2) see foot-40 note (2) 45 so 6 dedur:t: (0) capital receipts and capital profits (other than profits on the sale of assets on which depreciation has been allowed for income-tax) (b) profits of, and receipts relating to, any business situated outside india (c) income of foreign banking companies from investments outside india (d) expenditure or losses (if any) , debited directly to published or disclosed reserves, other than-(1) capital expenditure and capital losses (other thad ' losses on sale of capital assets on which depreciation has not been allowed for income-tax); , i> - (;,) losses of ;illy buain,eas i ,i \i ~ ' "ced, 0uibl~ india item particulars amount of amount of remarka no sub-items main i~tms rs rs s (e) in the case of foreign bank-s" footing companies proportionnote (3) ate administrative c head) expenses of ead office anocable to indian 10 businesr (f) refund of any excess direct see foottax paid for previous renote (2) counting years and excess provision, if any, of previ-is oas accounting years relating to bonus, depreciation, or development rebate, if written back (,) cash 8ubsidy, if any, given see foot-20 by the government or by note (2) any body corporate established by any law for the time being in force or by any other agency through ·5 budgetary grants, whether given directly or through any agency for specified i purposes and the proceeds of which are reserved for 30 such purposes total of item no 6 rs 7· gtoll profits for purposes of bonus rs (item no s minus item no6) --_ -- _j------ __------------~ explanation-in sub-item (b) of item 3, "approved gratuity' fund" has the 3s 'iul1c'meaning assigned to it in clause (5) of section :2 of the income-tax act foot-notes-(i) if, and t th' exle~t charged to profit a,d loss ac:oun (2) if, and to the exten , credited t , profit l nd los ac:count (3) in the proportion of inlign gross pr fit (joem n " 7) '0 to' 81 world gr088 profi~ ( , per co:-·solida ed profit apd loss ace: unto adju9!ed iii in it~ m no, 2 above , my) iq in the principal act, the second schedule shall be renumbered as the third schedule and in that schedule as so renumbered,-amend ment of the second schedule (a) in column (2), against item no i, for the word ('company", the 45 worc:ls "company, other than a banking company" shall be substituted; i (6) after item no i and the entries relating thereto, the following item 8ild enuies shall be inserted, namely :---------------------2 3 so "2 bankiag company (, the dividends payable on its preference share capital for the accounting year calculated at the rate at which such dividends are payable ; (ii) 7 s per cent of its paid up equity share capital as at the commencement of the accounting year; (iu) s per cent of its reserves shown in its s balance-sheet as at the commencement of the accounting year~ including any profits carrie4 forward from the previous accounting year; (iv) any sum which, in respect of the 10 accounting year, is uansferred by it-(a) to a reserve fund under sub-section (1) of section 17 of the banking regu-10 of 1949 lation act, 1949; or (b) to any reserves in india in pur- is suance of any direction or advice given by the reserve bank of india, whichever is higher : provided that where the 30 banking company is a foreign company within the meaning of section 591 of the companies act, 1956, the amount 25 1 of 1956 to be deducted under this item shall be the aggregate of-(a') the dividends payable to its preference 30 shareholders for the accounting year at the rate at which such dividends are payable on such amount as 35 bears the same proportion to its total preference share capital as its total working funds in 40 india bear to ita ' total world working funds; (ii) 7·5 per cent of such amount as bears 45 the same proportion, to its total paid up equity share capital as its total working funds in india bear 50 to its total world working funds; (iif) s per cent of such amount as bears the same proportion 55 (i) to its total disclosed t·· ~es as ita total _, j working funas in india bear to its tbtal wocld workirll fua&; is 10 of 1949 " ' (hi) any sum wtuch, "iare8peot of the accounting year~ is deposited by it with the reserve baflk of indii tinder ilib--clause (i') c1f clause (b) of sub-section (a) of section ii of the banking regulation act, 1949 not;, excf'cd:ing the amount required under the aforesaid provision to be so ddposited"; '" " (c) in the explanation, for the figtires,-brackets a:nd word "1 '(idi) and 3 (ii) ", the figures, brackets and word "1 (iit) , 2 (iii) and 9 (ii) " , " al be substituted is' 20: l'ln the principal act, the third schedule shall be renumbered as the fourth schedule 9 of 19'17 r 21 v}, ,the, p~ent of bonus (amendment) orciinance, 1977 is hereby repealed amendment at the third schedule repeal and saving (2) notwithstanding such repeal, anything done or any action taken 30 under the principal act, by virtue of the amendments thereto made by the said ordinance, shall 'be deemed to have been done or taken under the principal act by virtue of the corresponding amendments thereto made by this act st4tement of objects and reasonsin 1975, a number of substantial amendments were made in the payment 01 bonus act, 1965 by means of the payment c:1f bonus -(amendment) ordinance, 1975 p~omu1gated on the 25th "september, 1975 th1a ordinance was tater replaced by the payment of bonus (am~dment) act, 1976 (23 of 1976) as a result of these amendments, a minimum bonus of four per cent only was payable in respect of the accounting year commencing oil any day in the year 1974 and no minimum bonus was payable in respect of subsequent accounting years if there were no allocable lurplus in those years some other changes made by the amendment act allo adversely affected the workers 2 several representations on the amendments were received by the government after careful consideration of the matter, government decided that the payment of bonus act, 1965 should be amended to provide, inter alia, for the payment of a minimum bonus of 833 per cent whether there was allocable surplus or not it was also decided that these amendments should hllve effect in respect of the accounting year commencing on any day in the year 1976 i 3 since parliament was nc1t in session anti since it was neceuary to take immediate action, the payment of bonus (amendment) ordinance, 1977 was promulgated by the president on the 3rd september, 1977 the present bill seeks to replace the aforesaid ordinance new dillhi; the 11th november, 1977 ra vindra varma memonftdum ref1mc:img modification coatained in the bul to replace the payment of bon", (amendment) ordinance, 1977 the bill cloeely follows tne orc:jinanee with a slight modiftcation aplained deiow 2 a new clause 7 h;ls been added to i the bill providing for a consequential amendment to clause (e) of section 7 of the payment of bonus act, 1865 'nus is only to rectify an omission which had crept in the ordinance annexuredeftnitionb extracts from the paymi!:nt or bonus aer ~, (21 of 1965) · 1 an act to provide for the payment of bonus ·to pertlods"emp~ed id certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith - - - - - - - 2 in this act, unless the context otherwise requires,-- - - - - - - (4) "allocable surplus" means-computation of gross profit& - as (a) in relation to an employer, being a company which haa not made the arrangements prescribed under the income-tax act for the declaration and payment within india of the dividendr payable out of its profits in accordance with the provisions of section 194 of that act, sixty-seven per cent of the available surplus in an accounting year; , (b) in any other case, sixty per cent of such available surplus, - - - - - - - 4 the gross profits deriveo by an employer from an establishment in respect of any accounting year shall be calculated in the manner speci8ed in the first schedule - - - - - 6 the following sums shall be deducted from the gross proftts prior ch8ll'ges, namely:-- - - - - - sums deductible from gross fits calculation of directtu: payable by the employer - (b) any amount by way of development rebate or development allowance which the employer is entitled to deduct from his income under the income-tax act; - - - - - - - (d) such' further sums as are specified in respect of the employer in the second schedule - - - - - - - 7 any direct tax payable by the employer for any accnunting year shall subject to the following provisions, be calculated at the rates applicable to the income of the employer for that year, namely:-- - - - - - - (e) no account shall be taken of any rebate (other than development rebate or development allowance) or credit or relief or deduction (not hf:reinbefore mentioned in this section) in the payment of any: direct tax allowed under any law for the time being in force relating to direct taxes or under the rplevant annual finance act, for the devolpment of any industry - - - - - amount of bonus 18 (1) - - - - - - (3) for the purpgle&e of this section, the alolcable surplus shal be k:omputed taking into aceount the amount set on or set off in the three immediately preeecltng bcoowlting years and in the accounting year in retlpect of which the bonus is payable, in the manner illustrated in the third schedule - - - - - - - set on and~ of! of allocable surplul 11 (1) where for any accounting year, the allocable surplus __ ceeds the amount of bonus payable to the employees in the establishment unrler section 10, then, the excess shall, subject to a limit of twenty per cent of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on, to be utilised for the parpose of payment of bonus, in the manner illustrated in the third sehf'-dule (2) where for any accounting, year, there is no allocable iul'plus or the allocable surplus in respect of that year falls short of the amount of bonus payable to the employees in the establishment under teetion 10, and there is no sufficient amount carried forward and set on under subsection (1) which could be utilised for the purpose of payment of bonus, then, so much amount as is necessary for the payment of bonus under this act shall be carried forward for being set off in the succeeding ~ ounting year and so on, in the manner illustrated in the third schedule (3) the principle of set on and set oft' as illustrated in the third schedule shall apply to all other cases not ~overed by sub-section (l) or sub-section (2) for the purpose of payment of bonus under this act 16 (1) - - - - - - special provi8lons with respect to certain estabhah menta (lb) for the sixth and seventh accounting years following the accounting year in which the employer sells the goocis produced or manufactured by him or renders services, as the case may be, from such establ1shment, the provisions of section 15 shall apply subject to the following modiftcatlons, namely:-(i) for the sixth accounting year-set on or set off, as the cue may be, shall be made in the manner illustrated in, the third schedule taking into account the excess or deftciency, if any, as the case may be, of the &doc8-ble surplus set od or set off in respect of the mth anti sixth acou:nting years; (ii) for the seventh accounting yearset on qr set off, as the case may be, shall be made in the manner dlustrated in the 'l'hitd schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on ·or set off in respect of the fifth, sixth and seventh accounting years recovery of bonua due from an employer 21 where any money is due to an employee by way of bonus from his employer under a settlement or an award or agreement, the employee himself· or any other person authorised by him in writing in this behalf, or in the case of the death of the employee, his assignee or he s may, without prejudice to any other mode of recovery make an application to the appropriate government for the recovery of the mon-=y due to him, and if the appropriate government or such authority as the appropriate government may specify in this behalf is satisfied that any money is so due, it shall issue a certiftcate tor that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue: provided that every such application shall be made within one year from the date on which the money became due to the employee from the employer: provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate government is satisfl~ that the applicant had sufficient cause for not making the ap~ lication within the said period 14 at 1947 10f 1918 presumption about accuracy of balance-sheet and prom and loss account of corporations and companies ezpla7l4tion-in this section and in sections 22, 23 and 25, "employee" includes a person who is entitlen to the payment of bonus under this act but who is no longer in employment - - - - - - - 23 (1) where, during the course of proceedings before any arbitrator or tribunal under the industrial disputes act, 1947, or under any corresponding law relating to investigation and settlement of industrial disputes in force in a state (hereinafter in this section and in section 25 referred to as the "said authority") to which any dispute of the nature specified in section 22 has been referred, the balance-sheet and the profit and loss account of employer, being a corporation or a company (other than a banking company), duly audited by the· comptroller and auditor-general 0£ india or by auditors duly qualified to act as auditors of companies under sub-section (1) of seetion226 of 'the companies act, ·1956, al'e produced before it, then, the said authority may presume the statements and particulars contained in such balance-sheet and profit and loss account to be accurate and it shall not be necessary for the corporation or the company to prove the accuracy of such statements and partlcu181l'8 by th~ flling of an aftldavit, or by any other mode: provided that w,here the said authority is satisfied that the statements and particulars contained in the balance-sheet or the profit and loss aecount of the corporation or the company are not accurate, it may take such steps as it thinks necessary to findp~t the ac~uracy of s\lch statements and particulars " ita notwithstanding anytbulg contamec\ ta this act,-(i) where an agreement or a settlement has been entered into by the employ~ with their employer before the commencement of the payment of bonus (amendment) act, 1976, or (ii) where the employees enter into any agreement or settlement with their employe~ after such commencement, special provision with respect to payment of bonus linked with production or pro_ ductivity for payment of an annual bonus linked with production or productivity in lieu of bonus based on profits payable under this act, then, such employees shall be entitled to receive bonus due to them unr\er such agreement or settlement, as the case may be: provided that such employees shall not be entitled to be paid such bonus in excess of twenty per cent of the salary or wage earned by them during the relevant accounting year - - - - - - 32 nothing in this act shall apply to-- - - - - - (vii) employees employed by a banking company; act not to apply to certain claaaes of employees - - - - - - (iz) employees employed by-- - - - - (ff) the industrial reconstruction corporation of india; (g) any other financial institution, being an establishment in public sector, which the central government may, by notiflcation in the otrcial gazette, specify, having regard to-(i) its capital structure; i (ii) its object1ves and the nature of its activities; (iii) the nature and extent of financial assistance or any concession given to it by the government; and - meet of law, and agreemenu incodlliltent with the act (it) any other relevant factor; - - - - - m subject to the provisions of section 31a, the provisions of this act shall ha~ effect notwithstanding anything inconl1stent therewith containert in any other law for the time being in force or in the termi of any award, agreement, settlement or contract of service - - - - - - i [sis section 41 comi'ttl'atjon 0' orois ptwfrri' accounting year ending particulars remarks amount of sub-items amount of main items ri rs i nit profit as per profit and loll ac:couat 2 add back provision for : (~) bonus to employees (6) depreciation (c) direct taxes, including the provision (if any) for previous accounting years cd) development rebate/developmer1t allowance reserve - - ' - see foot-note (i) - - - - foot-notes-(1) if, and to the extent, charged to profit 8ftid loss account - - - - - thb sbcond schbdulb [su section 6 (d)]category of employer further 81imb to be deducted item no (i) j i (') the dividends payable on its preference share capital for the ~wltina year calculated at the actaw rate at which such dividends are payable; (it) s 5 per cent of i~ paid up equtty share ~ is at the cmilmencemem: of tiie acc:ouotina yc&r; (iti) 6 1 cent of its r-va ijb4win in its balance-sheet 18 at the c:ommeacemcnt of tile accounting year, including any profits carried forward from the previous accounting year: lof 1956 provided that where the employer is a foreign company within the meaning of section 591 of the companies act, 1956, the total amount' to be deducted under this item shall be 85 per cent on the aggregate of the value of the net fixed assets and the current assets of the company in india after deducting the amount of its current liabilities (other than any amount shown as payable by the company to its head office whether towards any advance made by the head office or otherwi!le or any interest paid by the company to its head office) in india - - $\qquad\qquad\quad\bullet\qquad\qquad\qquad\quad\bullet$explanation-the expression "reserves" occurring in column (3) against item nos i (iii) and 3(ii) shall not include any amount set apart for the purpose of-(i) payment of any direct tax which, according to the balance-sheet, would be payable; (ji) meeting any depreciation admissible in accordance with the provisions of clause (a) of section 6; (iii) payment of dividends which have been declared, but shall include-(a) any amount, over and above the amount referred to in clause (i) of this explanation, set apart as specified reserve for the purpose ,of payment of any direct tax; and (b) any amount set apart for meeting any depreciation in excess of the amount admissible in accordance with the provisions of clause (a) of section 6 - - - - - - a bill further to amend the payment of bonus act, 1965 (shri ravindra varma, minister of parliamentary affairs and labour) ,

Parliament_bills

4ea151f9-594f-5aae-a91e-e03bec719935

annexure extract from the forest (conservation) act, 1980,2 notwithstanding anything contained in any other law for the time being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing— (9 that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that state) or any portion thereof, shall cease to be reserved; (ii) that any forest land or any portion thereof may be used for any non-forest purpose; (iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by government; (iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation"; explanation—for the purpose of this section "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for— (a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants; (b) any purpose other than reafforestation; but does not include any work relating to ancillary to conservation, development and management of forests and wild life, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipe-lines or other like purposes, 3 the central government may constitute a committee consisting of such number of persons as it may deem fit to advise that government with regard to— () the grant of approval under section 2; and (ii) any other matter connected with the conservation of forests which may be referred to it by the central government

Parliament_bills

57b79051-f684-50c0-bb4c-3cab1a465616

bill no 40 of 2017 the compulsory teaching of north-east culture in educational institutions bill, 2017 by shri ninong ering, mp a billto provide for compulsory teaching of north-east culture in all educational institutions and for all matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "advisory council" means the advisory council for education in north-east culture constituted under section 6;(b) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;5(c) ''educational institution" means a primary, middle, secondary or seniorsecondary level school imparting education to children, by whatever name such institution is called, but does not include a minority educational institution;(d) ''north-east culture" includes knowledge and understanding of history, ethosand culture of north-east part of india; and10(e) ''prescribed'' means prescribed by rules made under this act3 from such date as the central government may, by notification in the official gazette, specify, the north-east culture shall be taught as a compulsory subject in all educational institutions from such class onwards as may be determined by the central government on the recommendation of advisory council15compulsory teaching of north-east culture in educational institutions4 the appropriate government shall, immediately after issuance of the notification under section 3, issue direction for compulsory teaching of north-east culture in all educational institutions within its jurisdictionappropriate government to issue direction for compulsory teaching of north-east culture in educational institutions205 subject to such matters, as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching north-east culture in educational institutionsappointment of teachers for n o r t h - e a s t culture6 (1) the central government shall, within three months of the coming into force of this act, by notification in the official gazette, constitute an advisory council for education in north-east cultureadvisory council for imparting north-east culture25(2) the advisory council shall consist of such number of persons, having special knowledge or practical experience of the history and culture of north- east part of india, as the central government may deem fit7 the advisory council shall perform the following functions, namely:—functions of advisory council(a) recommend to the central government the syllabus of north-east culture foreach class upto senior secondary level;30(b) recommend to the central government the class from which onwards thenorth-east culture shall be taught in educational institutions;(c) recommend to the appropriate government the qualifications of teachers tobe appointed in educational institutions for teaching north-east culture;35(d) recommend to the appropriate government the institutions which may begiven recognition for training teachers in north-east culture for the purpose of their appointment in educational institutions; and(e) co-ordinate with the appropriate government and educational institutionswith a view to ensuring effective implementation of the provisions of this act8 the appropriate government shall de-recognize an educational institution which does not comply with the provisions of section 4, after giving such institution a reasonable opportunity of being heardderecognisation of educational institutions for noncompliance of the provisions of the act5 9 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state government for carrying out the purposes of this actcentral government to provide funds10 the provisions of this act shall effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of theactpower to make rules1011 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act15(2) every rule made under this act shall be laid, as soon as may be after it is made,before the each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive session aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so; however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe bezbaruah committee report, 2014 raised the concerns of discrimination faced by the people from the eight north-eastern states, ie assam, arunachal pradesh, manipur, tripura, sikkim, nagaland, meghalaya and mizoram who are living in other states of the country as per the report, there is sense of insecurity and vulnerability due to difference and wrong perception of the culture of the north-eastern states of india further, when people from north-east states go to different cities especially metropolitans such as delhi, mumbai and bengaluru for work or studies, they are not only stigmatized but face racial abuse and violent attacks thus, one of the major recommendations by the bezbaruah committee is to educate the people about the north-east cultureit is important to teach and create awareness about the culture of north-east india in educational institutions the imparting of knowledge about north-east culture in educational institutions is a resilient way to celebrate the cultural difference and will further creates a safer environment for people from north-east who are residing in other statesthe bill, therefore, seeks to provide for imparting education of north-east culture compulsorily in all educational institutionshence this billnew delhi;ninong eringfebruary 8, 2017 financial memorandumclause 5 of the bill provides for appointment of teachers for imparting north-east culture in educational institutions clause 6 provides for constitution of an advisory council for education in north-east culture clause 9 provides for payment of adequate funds to the state governments for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure to the tune of rupees five hundred crores will be involveda non-recurring expenditure of about rupees five hundred crores is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory teaching of north-east culture in all educational institutions and for all matters connected therewith or incidental thereto————(shri ninong ering, mp)gmgipmrnd—4701ls(s3)—01032017

Parliament_bills

bce0a8e1-aa31-55e8-9ebe-00b74645c426

bill no xviii of 2014 the constitution (amendment) bill, 2014 a billfurther to amend the constitution of india be it enacted by parliament in the sixty-fifth year of the republic of india as follows:— 1 (1) this act may be called the constitution (amendment) act, 2014(2) it shall come into force with immediate effectshort title and commencement2 after clause (2) of article 151 of the constitution, the following clauses shall be inserted, namely:—amendment of article 151"(3) all reports of the comptroller and auditor general of india relating to the accounts of the union submitted under clause (1) shall be laid before each house of parliament within one month from the date of submission to the president(4) all reports of the comptroller and auditor general of india relating to theaccounts of a state submitted under clause (2) shall be laid before the legislature of the state within one month from the date of submission to the governor" statement of objects and reasonsarticle 148 of the constitution provides for appointment of the comptroller and auditor general to audit and prevent misuse of public money in the country being the custodian of the consolidated fund of india, he scrutinises the receipts and expenditure of the consolidated fund of india when the reports are submitted by the comptroller and auditor general of india, it is supposed to be laid before the legislature at the earliest however, there were occasions when the report submitted to the president, was delayed in laying before parliament due to irregularities in the use of public money this prevented the legislature to get the report examined by the public accounts committee in a time bound manner in order to strengthen the mechanism to have control over the executive by parliament, it is felt that once the report is submitted to the president, constitutional provision be made within one month from the date of such submission to the president or governor, as the case may be for laying of such reports this would facilitate expeditious examination by the public accounts committee of parliament and the respective state legislaturethe bill seeks to achieve the above objective hence, this bill t subbarami reddy annexure extracts from the constitution of indiaaudit reports151 (1) the reports of the comptroller and auditor-general of india relating to the accounts of the union shall be submitted to the president, who shall cause them to be laid before each house of parliament(2) the reports of the comptroller and auditor-general of india relating to the accounts of a state shall be submitted to the governor of the state, who shall cause them to be laid before the legislature of the state rajya sabha————— a billfurther to amend the constitution of india—————(dr t subbarami reddy, mp)gmgipmrnd—2132rs(s3)—08082014

Parliament_bills

87187c0a-ae08-55f7-a9ae-fd514e1e254f

the coal bearing areas (acqujsi- tion and development) amend- ment bill, 1957(as introduced in lok sabra) the coal bearing areas (acquisition and development) amendment bill, 1957 (as introduced in lok sabha)a bill to amend the coal bearing areas (acquisition and development) act, 1957 be it enacted by parliament in the eighth year of the republic of india as follows:-1 (1) this act may be called the coal beering areas (acquisition short title and development) amendment act, 1957 ~e~-5 (2) it shall be deemed to have come into force on the 12th day of 2oofi9s7· june, 1957 2 in section 2 of the coal bearing areas (acquisition and deve- am f en~ent - lopment) act, 1957 (hereinafter referred to as the prmcipal act), 0 sectlon 2 after clause (c), the following clause shall be inserted, namely:-10 , (cc) "mining lease" includes a mining sub-lease, and "lessee" shall be construed accordingly;' 3 in section 5 of the principal act,-amend of scc:tion s· (a) in clause (a), for the words 'lgranted to any person under the mineral concession rules which authorises him", the words "which authorises any person" shall be substituted; and (b) in clause (b), the words "granted to any person under the mineral concession rules" shall be omitted 4 after section 9 of the principal act, the following section shall insertion of new acetum 20 be inserted, namely:-ga u9a if the central government is satisfied that it is neces- special sary to acquire immediately the whole or any part of the land:ra 3 notified under sub-section (1) of section 4 or any rights in or urgency over such land, the central government may direct that the provisions of section 8 shall not apply, and if it does so direct, a declaration may be made under section 9 in respect thereof at any time after the issue of the notification under section 7 5 in section 10 of the principal act,-5 amendment of lcctiaa 10 (a) in sub-section (1), after the words "central government", the words "free from all encumbrances" shall be inserted; and (b) in sub-section (2), for the words "granted by a state government", the words "granted or deemed to have been 10 granted by a state government" shall be substituted 6 in clause (iv) of sub-section (2) of section 13 of the principal act,- amcddment ofaectioa 13·(a) for the words "during the period commencing from the date of tile lease and ending with", the wonls "up to" shalil be 15 ,bstituted; (b) in the proviso for the words, brackets ~nd lptte1"r "clauses (il) and (iii)", the words, breckets and letters "clauses (i), (ii) anid (iii)" shall be substituted almddmtat 7 in sub-section (3) of section 28 of the principal act, for the 20 of words "dis, posed of by him accordingly", the following words shall :ai be substituted, namely:-"diiposed of by him as if the objectiol?- had been made in relation to a notification issued under section 7 of this act in respect of such land" 25 statement of objects and reasonswith a view to enable the public sector to achieve the target of eoal production set for it in the second five year plan, the cod bearing areas (acquisition and development) act, 1957 (20 of 1957) was passed during the may, 1957 session of parliament bsperience in the administration of the act has indicated the neeellitj to incorporate into the act a new section empowering the ce!atral government, in cases of urgency, to dispense with an enquiry wlder section 8 of the act, the provision proposed being shnilar to section 17(4) of the land acquisition act, 1894 (1 of 1894) 2 as section 13 stands at present, interest on prospecting expenditure incurred before the date of the mining lease is not admissible this has been represented to cause grave hardship it is now proposed to allow interest on all reasonable and bona fide expenditure incurred before the date of the mining lease only in those cases where a prospecting licence has led to the issue of a mining lease as before, the total interest payable would be limited to 50% of the principal, as the maximum compensation available 3 it is also proposed to take the opportwlity, thus provided, to make certain verool amendments to some of the sections of the act by way of abwldant caution swaran singh new delhi; the 26th november, 1957 financial memorandumthe only amendment in the amending bill involving financial implications is the proposed amendment to section 13 to provide ·payment of interest on reasomble and bona fide expenditure incurred on prospecting before the date of the mining lease it is not possible at this stage to say accurately the expenditure that will be incurred on this account in the financial memorandum attached to the coal bearing areas (acquisition and development) bill,1957, it was stated that on a rough estimate the expediture on acquisition, appointment of tribunal, etc • was likely to be about rs 100 lakhs during the second plan period it is considered that this rough estimate of rs 100 lakhs will also cover the small extra expenditure likely to be incurred as a result of the proposed amendment annexure extracts from the coal bearing areas (acquismon and deve- lopment) act, 1957(20 of 1957) - - - - - - - 5 on the issue of a notification under sub-section (1) of section effect of notification 4 in respect of any landon prospecting licences (a) any prospecting licence granted to any person under jd mining the mineral concession rules which authorises him to prospect eases for coal or any other mineral in the land shall cease to have effect; and (b) any mining lease granted to any person under the mineral concession rules shall, in so far as it authorises the lessee or any person claiming through him to undertake any operation in the land, cease to have effect for so long as the notification under that sub-section is in force - - - - - - - 10 (1) on the publication in the official gazette of the declara- vesting of tion under section 9, the land or the rights in or over the land, ~':t~rin as the case may be, shall vest absolutely in the central govern- central t (;avernmen ment (2) where the rights under any mining lease granted by a state government to any person are acquired under this act, the central government shaj,l, on and from the date of such vesting, be deemed to have become the lessee of the state government as if a mining lease under the mineral concession rules had been granted by the state government to the central government, the period thereof being the entire period for which such a lease could have been granted by the state government under those rules - - - - - - - 13 (1) where a prospecting licence ceases to have effect under compenusection 5, there shall be paid to the person interested compensation, ~;:~ina the amount of which shall be a sum made up of all items of reason-licence to able and bona fide expenditure actually incurred in respect of the c'eu:rect land that is to say -right , , under (i) the expenditure incurred in obtaining the licence; ~ acquired s etc (ii) the expenditure,if any, incurred in respect of the preparation of maps, charts and other documents relating to the land, the collection from the land of cores or other mineral samples and the due analysis thereof and the preparation of ~ other relevant records or material; (iii) the expenditure, if any, incurred in respect of the construction of roads or other essential works on the land, if such roads or works are in existence and in a usable congition; (iv) the expenditure, if any, incurred in respect of any other operation necessary for prospecting carried out in the land (2) where the rights under a mining lease are acquired under this act, there shall be paid to the person interested compensation, the amount of which shall be a sum made up of the following items, namely,---: ,(i) if the lease was granted after prospecting operations had beed carried out in respect of the land under a prospecting licence, thelum of all items of reasonable and bona fide expenditure actually incurred with respect to the matters specified in clauses (i), (ii) , (iii) and (iv) of sub-section (1) before the date of the lease: proy1ded that where two or ~ore leases had been granted in relation to any land covered previously by one prospecting licence, only so much of the expenditure aforesaid as bears to the total expenditure the same proportion as the area under the mining lease in respect of which the rights have been acquired bean ,to the total area covered by the mining leases shall be payable under this clause; (ft) any reasonable and bom fode expenditure of the nature referred to in clsuses (i), (ii) and (iii) of sub-section (1) actually incurred in relation to the lease, together with the salami if any, paid for obtailling the lease; (th) the expej'ldtt1h'e, if any, incurred by way of payment of dead-rent or minimum ,royalty during any year or years 1rhed tllere was no production of coal; (iv) interest on any such expenditure referred to in clauses (&)" {ii) and (iii) as has actually been incurred during the period commencing from the date of the lease and ending with the year in which the rights under the lease are acquired, interest being calculated in the following manner, 1i,bat is to say,-interest at the rate of five per centum' per annum in respect of the expenditure incurred during each calendar year for the first five years commencing from the year in which such expenditure was incurred plus interest at the rate of four per centum per annum in respect of each subsequent year after the expiration of the first five ·years and ending with the year in which the rights under the lease are acquired: provided that the total sum payable under this clause shall not exceed one-half of the total amount referred to in clauses (ii) and (iii) - - - - - - - - 28 (1) notiflcatiod' under act i of 11194 in which proceedidgsare pending to be treated s notifications udder this act - - - - - - - - (3) any objection preferred under section 5a of the said act in respect of any land covered by any notification issued under section 4 of the said act shall be deemed to be an objection preferred under section 8 of this act to the relevant competent authority and may be disposed of by him accordingly; and the central government may at any time make a declaration under section 9 of this act in respect of the land or any part thereof - - - - - - - - a bill to amend the coal bearing areas (acquisition and development) act, 1957 the presidmt has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha, the consideration of the bill m n kaul, secreta~ (sardar sroaran singh, minister oj steel, min;s and fuel)

Parliament_bills

c5a93445-a668-51b0-9d7e-5ede16cacbe0

bill no 279 of 2015 the electronic waste bill, 2015 bydr kirit premjibhai solanki, mp a billto provide for proper handling and disposal of electronic waste by prescribing norms andfixing duties on manufacturers, recyclers and consumers with regard to disposal ofelectronic waste and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the electronic waste act, 2015 (2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "consumer" means any individual or firm or company using the products that is capable of generating electronic waste;5(c) "disposal" means disposal of electronic waste according to prescribed norms to prevent contamination of the environment and harmful effect on human health;10(d) "electronic waste " means waste generated from discarded television, personal computer, floppy, audio-video cd, battery, cell phone, refrigerator, air conditioner, electronic toys, telephone, washing machine, electronic switch and such other products;(e) "municipal authority" means municipal corporation, municipality, nagar palika, nagar nigam, nagar panchayat, municipal council including notified area committee (nac) or any other local body constituted under the relevant statutes and, where the management and handling of municipal solid waste is entrusted to such agency;15(f) "prescribed " means prescribed by rules made under this act; and (g) "re-cycler " means any person or establishment engaged in recycling or reprocessing of used electronic equipment or assembly of their component203 the central government shall, in consultation with central pollution control board, prescribe the compliance criteria and procedure for handling and disposal of electronic wastecompliance criteria and procedure for disposal of electronic waste4 the appropriate government shall monitor the implementation of the compliance criteria and procedure prescribed under section 3appropriate government to ensure disposal of electronic waste5 it shall be the duty of every manufacturer,—duty of manufacturer25(i) to ensure that every electronic product offered for sale in the market contains—(a) the procedure for its handling and disposal; and (b) the information about the parts which can be recycled and which cannot be recycled;30(ii) to collect the electronic waste generated during the manufacture of electric and electronic waste; and(iii) to create public awareness through advertisements, publications and other electronic media about the hazardous substances in their products which may cause ill effects on human bodyduty of consumer356 it shall be the duty of every consumer to ensure that the electronic waste is segregated into recyclable and non-recyclable waste and is not disposed of in any manner except in the manner prescribed for the purpose7 the municipal authority shall—responsibilities of the municipal authorities(i) ensure collection of segregated electronic waste from households and forfurther disposal; and(ii) notify sites demarcated as collection points40| 8 ||-------------------------------------------------|| government in such manner as may be prescribed || registration || and || responsibility || of re-cycler |(2) every re-cycler shall re-cycle only those parts of an electronic product which have been marked as recyclable by the manufacturerpenalty5| 9 ||---------------------------------------------------------------------------------------|| for a term which may extend to six months and fine which may extend to fifty thousand || rupees |10 10 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite sums to the state governments for carrying out the purposes of this actcentral government to provide requisite sums power to remove difficulties11 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:15provided that no such order shall be made after the expiry of the period of three yearsfrom the date of commencement of this actact to have overriding effect2012 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force relating to maintenance of public cleanliness and waste management or in any instrument having effect by virtue of any law other than this act| 13 ||-----------------------------------|| law, for the time being in force || act not in || derogation of || any other law || power to || make rules |14 (1) the central government may, by notification in the gazette of india, make rules for carrying out the purposes of this act25 30(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe volume of electronic waste is increasing at an alarming rate in india and its handling and disposal has become a major challenge many of these electronic goods contain toxic substances which can cause serious health problems to the persons handling electronic waste and also damage to the environment there is a huge gap between e-waste generated in india and its capacity to deal with it currently, it is the extended responsibility of the producer regarding disposal and recycling once the consumer discards the productrare earth minerals are highly used in manufacture of electronic goods failure in recycling of electronic waste will also lead to shortage of such rare earth minerals therefore, it is important that this issue is tackled collectively by manufacturers, consumers and the governmenthence this billnew delhi;kirit premjibhai solankinovember 17, 2015 financial memorandumclause 7 of the bill provides for responsibilities of the municipal authorities clause 8provides that the central government shall provide requisite funds to the state governments for carrying out the purposes of the bill the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, the central government may also have to provide some financial assistance to the states for this purpose also, the expenditure in respect of union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crore will be involved as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto provide for proper handling and disposal of electronic waste by prescribing norms andfixing duties on manufacturers, re-cyclers and consumers with regard to disposal ofelectronic waste and for matters connected therewith or incidental thereto————(dr kirit premjibhai solanki, mp)gmgipmrnd—2950ls(s3)—03122015

Parliament_bills

99f3ad93-d6e3-5860-8c19-735021c4a743

the indian tariff (second amendment) bill, 1957(as introduced in lok sabra) the inljian tariff (second amendment) bill, 1957 (as introduced in lok sabha) a billfurther to amend the indian tariff act, 1934 be it enacted by parliament in the eighth year of the republic of india as follows :-i (1) this act may be called the indian tariff (second amendment) short title a~~~ ~ commence-s (z) the, provisions of clauses (iv) (b), (iv) (c), (v), (vj), (vii), (xiii), dlcnte (xiv) and (xtjl) (a) of sccti0n 3 [relating to items nos 8 (3), 20 (3), ,20 (4), 20 (8), 20 (9), 64, 65 (a), 67, 68, 69 (2), 70, 70 (1),70 (4),70 (sa), 70 (6) 70 (9), 71 (i i), 72 (i) and 72 (40)] shall come into force on the first day of january, 1958 32 of 1934 10 2 after section i t of the indian tariff act, 1934 (hereinafter referred inaertion of to as the principal act), the following section shall be inserted, namely;-neaw section ii is " ii a all rules made under this act shall be laid for not less than rules to be thirty days before each house of parliament as soon as possible after ~~~1i before they are made and shall be subject to such modifications as parliament ament may make during the session in which they are so laid or the session immediately following" 3 in the first schedule to the principal act,-(i) in items nos ii (6), 28 (20), 63 (33)(b), 64 (3), 67 (i), 67 (2), a:nendment 68 (2), 71 (8) and 7s (is), in the last column headed" duration of pro- s~~~ufe~t tective rates of duty" for the word, figures and letters december 20 31st, 1957 ", wherever they occur, the word, figures and letters" december 31st, 1959" shall be substitu~ed; (il) in items nos 40 (4), 40 (5), 60 (7), 64 (4), 72 (34), 75 (5), 7s (6), 75 (7), 7s (8), 7s (j2a) and 75 (17), in the last coluiiul: headed" duration of protective rates of duty ", for the word, figures and letters "de-5 cember 31st, 1957 ", wherever they occur, the word, figures and letters "december 31st, 1960" shall be substituted ; (iio in item no 30 (14), in the last column headed" duration of protective rates of duty", for the word, figures and letters " december 31st, 1957 ", wherever they occur, the word, figures and letters 10 "december 31st, 19li1" shall be substituted; (i'o) in item no8 (3)-(a) in the second column, for the words" candied and crystallised ", "the words candied, crystallised or glaced" shall be substituted, _ is (b) in the third column, for the word "protective", the word revenue" shall be substituted, and (c) in the last column headed" duration of protective rates of duty ", the existing entry shall be omitted ;, (v) in items nos 20 (4), 65 (a), 67, 68, 69 (2), 70, 70 (i), 70 (4),20 70 (6), 70 (9), and 71 (11)-(a) in the third column headed" nature of duty", for the word protective", wherever it occurs, the word revenue , shall be substituted, and (b) in the last column headed "duration of protective rates 2s of duty", the existing entries shall be omitted; (va) for items nos 20 (3), 20 (8) and 20 (9), the following items shall respectively be substituted, namely :-30 revenue cel'it ad 'lja/orem cr 20(3) fruits, canned preferential 6s per ss per cent ad 'ljaiorem or bottled or otherwise packc;d, not otherwise specified 20 (8) 3s preferenual 4s per revenue cent ad 'ljalormi 39 per cent ad 'ljalorem the (ollowing fruits, canned or otherwise packed, name· ly : apricots, bernes, grapes, plums and prunes, and fruit salads composed not less than 80 per cent in quantity and in value of the above named fruits 20 (~) pineapples, canned preferential 45 per or otherwise revmue cent ad packed valorem 37 per cent ad valorem " , (vi,) for item no 64, the following item shall be substituted, s namely;-copper, wrought preferential 40 ii< per 30 per revenue cent ad i cent ad valorem valor"" " , and manufactures of copper, all sorts not otherwise specified 10 (vii,) after item no 64 (4), the following item shall be inserted, namely;- ------- 64(5) copper sheets, pipes and tubes-is (a) of british manu- protective 30 per december facture cent ad 318t, 1959 valor"" (b) not of bri tish protective 40 per december manufacture cent ad 318t, 1959"; valorem 20 (ix) after item no 67 (3), the following item shall be inserted, namely:-dec:ember 3ist, 1959"; - protective 35 per cent ad valor"" 2s (x) after item no 68 (3), the following item shall be inserted, namely;-december 318t, 1959"; "68~4) zinc atrips protective 35 per cent ad valor"" (xi) after item no 70, the following item shall be inserted, namely;-december 31st, 1959"; 70a brua· sheets, pipes protective 35 per and tubes cent ad valor"" 3s (xii) for item no 70 (s), the following item shall be substituted, namely;-co 70(5) brus rods protective 40 per cent ad va/orbm december 318t, - 1959"; txiil) after item no 70 (5), the following item shall be inserted, namely:-" , "7o(sa) brass wires and revenue bra88 wire-mesh ---- -------40 per cent ad valorem (xiv) in item no 72 (i), in the second column headed" name of article", for the words" and roller skins", the words" roller skins ; and plain looms of all kinds" shall be substituted; (xt!) for item no 72 (12), the following item shall be substituted, namely:-35 per cent ad w1orem december 31st, 1960" ; | •• | 72(12) bare hard ||-------------|---------------------|| or annealed | ele- || ctrolytic | copper || wires | and cables || of | || il1l | sizes, || solid | || or | stranded, || acsr | (alumi- || nium | conductors || steel | || reinforced' | || and aac | || (all | || aluminium | con- || ductors) | |(xozn) in item no 72 (40)-(a) in the second column headed" name of article", for the words" looms of all kinds", the ~ords "looms of all kinds, 25 other than plain looms" shall be substituted, and (b) in the last column headed "duration of protective rates of duty ", for the word, figures, and letters" december 31st, 1957 to, wherever they occur, the word, figures and letters "december 31st, 1960" shall be substituted; 30 (xvii) in item no 73 (i), in the second column headed" name of article", for the words "and wires and cables of other metals and alloys of not more than equivalent conductivity", the words "and wires and cables of other metals and alloys of not more than equivalent conductivity;, not otherwise specified " shall be substitu:ed; 35 (xviii) after item no 73 (19), the following item shall be inserted, namely:------------__-:----------->---- -f 73:20) copper--weld wires revenue so per cent ad valorem - " , - (xix) in item no 75(7a)-(a) in the second column headed" name of article", for the words and figures rollers chains of size' 1/2" x 1/8"", the words and figures" roller chains of sizes 1/2" x 1/8" and 1/2" x 3/16" " shall be substituted, and - 5 (b) in the last column headed" duration of protective rates of duty", for the word, figures and letters" december 31st, 1957 ", wherever they occur, the word, figures and letters "december 31st, 1960" shall be substituted; 10 (xx) for item no 75 (18), the following item shall be substituted, namely;-protective 60 per cent ad valorem december 31st, 1959· 15 75(18) (a) single cylinder fuel injection pumps for stationary diesel engines and component paru of such pumps protective 20 60 per cent ad valorem december 311t, 1959 " 25 30 (b) nozzleholders with a clamping capacity up to one inch clamping diameter for nozzles (atomisers) for use on stationary or automobile diesel engines and nozzles therefor; and component parts of such nozzles and nozzleholders declaration under the pro'visional collection of taxes act, 1931 (16 of 1931) 3sit is hereby declared that it is expedient in the public intet:est that the provisions of sub-clauses (iv) {a) and (xviii) of clause 3 of this bill shall haveimmediate effect under the provisional collection of taxes act, 1931, the present bill seeks to amend the first schedule to the indian tariff act, 1934 (32 of 1934) in order to grant, continue or discontinue protection to certain industries on the advice of the tariff commission 2 the industries which will continue to be protected are :-sno item no of tariff name of the industry i ii (6) sago 2 28 (20) stearic acid and oleic acid 3 30 (14) titanium dioxide 4 40 (4) and 40 (s) plywood and teachesta s 60 (7) sheet glass 6 63 (33) (b) machine screws 7 64 (3), 64 (4), 67 (i), 67 (2), non-ferrous metals (scmi-manufacturea) 68(2), and 7o(s) (brass rods only) 8 71 (8) grinding wheels 9 72 (12) - bare copper conductors and acsr 10 72 (34) and 72 (40) - cotton textile machinery ii 75 (5), 75 (6), 75 (7), 75 (7a) and bicycle 75 (8) 12 75 (12a) 13 ;5 (is) 14 7s (17) is '75 (18) piston assembly automobile leaf springs automobile hand tyre inflators diesel fuel injection equipment ------------------------------------------------------protection will also be continued in respect of copper sheets, pipes and tubes, and brass sheets, pipes and tubes 3 the industries in respect of which protection will be discontinued from the 1st january, 1958, are :-name of the industry sno item no of tariff -and preserved fruits i 8 (3), 20 (3), 20 (4), 20 (8) 20 (9) 2 64 (excluding copper sheets, pipes non-ferrous metals (alloys and manufacturel) and tubes), 65 (0),67,68,69 (2), 70 (excluding brass sheets, pipes 'and tubes), 70 (i), 70 (4), 70 (6) and 70 (9) • 3 71 (ii) - oil pressure iampl brass wires and plain looms will" also be excluded from the protected categories of non-ferrous metals and cotton textile machinery respectively, with effect from the istljanuary, 1958• _ :" 4 protection is being granted to-() aac (all aluminium conductors) by including them within the protected categories of acsr and bare copper conductors under tariff item no 72(12), (ia) roller chains of size 1/2w x 3/16" by including them' within the protected categories of bicycle chains under tariff item no 75(7a), and (ii) elements, delivery valves and nozzles by including them within the protected categories of diesel fuel injection equipment under tariff item no 75(18) 5 opportunity has also been taken to carry out certain consequential amendments of a fonnal character new delhi; manubhai shah th4 29th nofjember, 1957 a bill furtht::rto amend the indian tariff act, 1014 the president has, in pursuance of clause (1) of article 117 of the constitution of india recoitlillended tol(~k sabha, the introduction of the bill m n kaul, secretary (shri manubhai shah, mi1jister of /lld'ustr,,}') gipnd-ls i-i6sz ls-s-i2-s7-i,77s

Parliament_bills

5a2bf5ee-d4de-5b76-9df2-db1e5d3c6b64

extract from the cable television networks (regularion) act, 1995 (7 of 1995) t 36 of 20008 (1) every cable operator shall, from the commencement of the cable television networks (regulation) amendment act, 2000, re-transmit at least two doordarshan terrestrial channels and one regional language channel of a state in the prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies, compulsory transmission of doordarshan channels (2) the doordarshan channels referred to in sub-section (1) shall be re-transmitted without any deletion or alteration of any programme transmitted on such channels = a bill further to amend the cable television networks (regulation) act, 1995 (shri priyaranjan dasmunsi, minister of parliamentary affairs and information and broadcasting) mgipmrno—4409l8(s5) 15122006

Parliament_bills

993bdf4c-9f3e-5e12-bc3a-3416c8688540

bill no 117 of 2014 the surrogacy (regulation) bill, 2014 by shri bhartruhari mahtab, mp a billto provide for regulation of the practice of surrogacy and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the surrogacy (regulation) act, 2014 (2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencement5 (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 (1) in this act, unless the context otherwise requires,—definitions(a) "appropriate board" means a state supervisory board or a union territory supervisory board, as the case may be, constituted under section 16a of the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994;(b) "assisted reproductive techniques" mean techniques that attempt to obtain a pregnancy by handling or manipulating the sperm or the oocyte outside the human body, and transferring the gamete or the embryo into the reproductive tract;5(c) "commissioning parents" mean a legally wedded couple who enters into a surrogacy agreement with a surrogate mother;(d) "prescribed" means prescribed by rules made under this act;10(e) "surrogacy" means an arrangement in which a woman agrees to a pregnancy, achieved through assisted reproductive techniques, in which neither of the gametes belong to her or her husband, with the intention to carry it and handover the child to the commissioning parents for whom she is acting as a surrogate and the expression 'surrogacy agreement' shall be construed accordingly; and(f) "surrogate mother" means a woman who enters into an agreement with commissioning parents to deliver their child through assisted reproductive techniques1557 of 1994(2) the terms and expressions used but not defined in this act shall have the meaning assigned to them in the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 19943 a surrogacy agreement shall not be valid if the following conditions are not fulfilled, namely:—pre-requisites for surrogacy agreement20(a) the surrogate mother is not less than twenty-five years of age and has notcompleted thirty-five years of age;(b) the commissioning parents are married for not less than two years;(c) the commissioning parents are not already in a surrogacy agreement with any person, whether in india or in any other country;(d) the commissioning parents are incapable, due to sufficient medical grounds,of giving birth to a child through natural pregnancy;25(e) the surrogate mother has given birth to not more than four children, includingstill born children, either through natural pregnancy or through assisted reproductive techniques; and(f) a period of at least two years has elapsed since an assisted reproductiveprocedure was conducted on the surrogate mother30explanation—for the purpose of this section, where a natural pregnancy poses a threat to the life or health of the mother or there is little possibility of carrying the pregnancy to full term, it shall be considered a sufficient ground for surrogacy agreement4 (1) a surrogate mother shall have the following rights,—35rights of a surrogate mother(a) right to medical treatment during the course of assisted reproductive procedureand till such further period after the full term of pregnancy as may be advised by a physician; and(b) right to compensation in case of delay on the part of commissioning parentsin taking the child into their care40(2) all expenditure incurred on medical treatment under sub-section (1) shall be borneby the commissioning parentsalternate guardian5 (1) the commissioning parents shall appoint an individual to be an alternate guardianof the child to be born through surrogacy(2) the alternate guardian shall look after the child if the commissioning parents areunable or fail to take the child under their care due to their divorce, death or any other reason456 any foreign couple, not resident of india, seeking surrogacy in india, shall—(i) appoint a local guardian who shall be responsible for—(a) taking care of surrogate mother during and after pregnancy; andspecial provisions in respect of foreign couple5(b) taking care of child till the child is taken over by the commissioningparents;(ii) produce a letter from either the embassy of their country in india or from the foreign ministry of their country to the effect that—(a) the country of foreign couple permits surrogacy; and10(b) the child born through surrogacy in india shall be permitted entry intheir country as their biological child7 (1) every commissioning parent shall register the surrogacy agreement with theappropriate board within such time as may be prescribedcommissioning parents to register the surrogacy agreement15(2) the appropriate board shall, subject to such guideline, as may be prescribed,protect the identity of the commissioning parents, the surrogate child and the surrogate motherprohibition of sex selection in surrogacy57 of 1994208 if any person performing the assisted reproductive procedure conducts sex selection test of the embryo before implantation or at any time after that or otherwise selects the sex of the child to be born through surrogacy, such person shall be deemed to be guilty of an offence under the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994offences and penalties9 (1) if the commissioning parents refuse to take delivery of the child born throughsurrogacy due to any congential disorder or disease in such child, they shall be punished with simple imprisonment which shall not be less than two years or with fine or fifty thousand rupees or both25(2) any person who enters into surrogacy agreement without fulfilling the conditionslaid down in section 3 or by concealment or misrepresentation of facts shall be punished with simple imprisonment which shall not be less than two years or with a fine of fifty thousand rupees or both30act to have overriding effect10 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this actpower to make rules11 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act35 40(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsindia is increasingly emerging as a hub for surrogacy services due to a comparative cost advantage while surrogacy techniques have brought happiness in the lives of many despairing couples, it has often been subject to criticism due to extensive misuse and various ethical issues involved important among them are sex selection, excessive use in cases even where normal pregnancy is possible, etc the lack of any legal framework to regulate the practice of surrogacy has accentuated the concerns over surrogacy besides, there are many grey areas which are to be addressed, such as citizenship of the child in case of involvement of foreign nationals in surrogacy, the fate of the child born through surrogacy in the case of divorce or death of commissioning parents, rights of the surrogate mother and the like2 the bill, therefore, seeks inter alia to:—(i) lay down the conditions under which surrogacy may be resorted to; (ii) provide for compulsory registration of surrogacy; (iii) make provision for safeguarding the interest of the surrogate mother andthe child born through surrogacy; and(iv) make sex selection in surrogacy an offencenew delhi;bhartruhari mahtabaugust 5, 2014 memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character———— a billto provide for regulation of the practice of surrogacy and for matters connected therewith or incidental thereto————(shri bhartruhari mahtab, mp)gmgipmrnd—2392ls(s3)—05112014

Parliament_bills

11b0b9cf-a73e-543d-b285-254bfea0f512

'1i1ll no, l25 of· 1987 the illegal migrants (determination by ~unals) amendment bill, 1987 a billto amend the illegal migrants (determination by tribunals) act, 1983 be it enacted by parliament in the thirty-eighth year of the republic of india as fonows: - short title 1~ this act may be called the illegal migrants (determination by tribunals) amendment act, lw7 amendmentof section 5 39 of 1983 s 2 in section 5 of the illegal migrants (determination by tribunals) act 1983 (hereinafter referred to as the principal act), in sub-section (3), for the words "three members", the words "two members" shall be substituted 3 in section 6 of the principal act, for the words "any other mem-10 ber" the words "the member" shall be substituted amendment of section 6 4 in section 8 of the principal act-(a) in sub-section (2) j-amendment of section 8 (i) the words, brackets and figure "without prejudice to the power conferred on the cehtral governmenti' \by sub-i" section (1) ," shall be omitted; (ii) for the proviso, the following proviso shall be substituted, ·namely:-"provided that no such application shall be entertained by the tribunal unless the person in relation to whom the application is made is found, or resides, within the s jurisdiction of the same police station wherein the applicant has his place of' residence't; (b) in sub-section (3),-(i) for the words "two persons residing within three kilometres of the area", the words "two persons residing within 10 the jurisdiction of the same police station" shall be substituted; (ii) for the word "twenty-five", the word "ten" shall be substituted; (c) for sub-section (4), the following sub-sections shall be substituted, namely: - ' l' " (4) every reference under sub-section (1) shall be made to the tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such refer ence is, at the time of making such reference, situated: provided that where such person has no place of residencle, 20 the reference shall be made to the tribunal within the terri torial limits of whose jurisdiction such person is, at the time of making such reference, found (5) every application under su'irsection (2) shan be made to the tribunal within the territorial limits of whnse jurisdfc- 25 tion the persqn named in such application is found or, as the case may be, has his place of residence, at the time of making sueh application" 5 after section b of the principal act, the following section shall be inserted, namely:-inaortioo of new sectioo ia app&e bid til central govefpol ment for reference "8a (1) any person may make an application to the central gotenment, for· cjeci~ion bv a tribunal as tn whether the nermn whose name ~nd other particulal's are j!hren in the aonlication, i~ or is not an illeltal miltrant and where any !luch aoplication' is re-ceived by the central government it mrw on th ha~i!l of anv in- 35 formatfon in it!': oossession or aft", makin£" ,:;n"h ptjquirv as it neems fit reiect the application on thp i!t'nl1nd that thp ~nn1i(,rtion is frivolollq or vp'l{atious or it dope; notcomnlv with thp rhmf,p ments of this section or reff"r 'such apolication to a triblmal for decision: (2) every anplication made unner suhsection (1) iihell be mane in such form and in such manner a" may he prescrihpri and !'lhall he accompanied by a declaration by another person resfdin~ within the jurisdiction of the lame revenue sub-division in which the appti cant resides in such form as may be prescribed to the effect that the particulars mentioned in the application are true to his know ledge, information and belief: s provided that no person shall make more than ten such applications or more than ten such declarations (3) every reference under sub-section (1) shall be made to the tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is at the 10 time of making such reference, situated: ' f provided that where such person has no place of residence, the reference shall be made to the tribunal within the territorial limits of whose jurisdiction such person is, at the time of making such reference, found" 15 6 in section 10 of the principal act for the word and figure "sec-amend tion 8", the words, figures, brackets and letter "section 8 or sub-section mem of (1) of section 8a" shall ~ substituted section 10 7 in section 12 of the principal act,-amend ment of (a) in sub-section (1), for the words and figure "section 8, or section 20 to which an application has been made under that section" the 12 words, figures and letter "section 8 or section sa, or to which' an application has been made under section 8" shall be substituted; (b) for sub-section (2), the following sub-section shall be substituted, namely:-2s "(2) where the members of the tribunal differ in their i opinion on any point, the chairman of the tribunal shall state the point or points on which they differ and make a reference to the president of the appellate tribunal which exercises jurisdiction in relation to the tribunal who shall refer the case 30 for hearing on ,such point or points by a member of another tribunal under its jurisdiction and such point or points shall be decided according to the opinion of that member and such deci~ sion shall be deemed to be the decision of the tribunal"; (c) in sub-section (3), after the words "prescribed authority", 3s the words "or authorities" shall be inserted amend mem of section 13 - 8 in section 13 of the principal act, for the words and figure "section 8 or application made to a tribunal under that section" the words, figures and letter "section 8 or section sa or application made to a tribunal tmder section s" shall be substituted 40 9 in section 14 of the frincipal act, after the words "that section", the words, figure and letter "or any person named in a reference under section sa" shall be inserted amend ment of section 14 10 in section 15 of the principal act,-(a) in sub-section (3), for the words "less than th~", the words "less than two" shall be substituted;· amendment of section 15 (b) in sub-section (6), for the words ""and each bench shall consist of not less than two members", the words "which may either be single member bench or benches oonsisting of not less than two members" shall be iilubstituted; (c) for sub-section, (10), the following sub-section shall be 5 substituted, namely:-s of 1908 • "(10) every appellate tribunal shall have the same powers as are vested in an appellate court under the code of civil procedure, 1908, while hearing an appeal" 11 in section 16 of the principal act,-10 amend mcdl of section 16 (a) for sub-section (3), the following sub-section shall be substituted namely:-"(3) the appellate tribunal shall send a copy of every order passed by it under sub-section (1) to the parties to the appeal, to' the tribunal concerned and to the prescribed autho- 15 rity or authorities!'; (b) in sub-section (4), the words and figures "subject to the provisions of section 17," shall be omitted substitu-12 for section 17 of the principal act, the following section shall be tion of substituted, namely: -" 20 new lcclion for section 17 "17 (1) every appellate tribunal shall have' superintendence over all the tribunals in the state power of superinten dence by appouate tribunals (2) without prejudice to the generality of the fo'iegoing pro visions, the appellate tribunal may-(1(1) call for returns from any tribunal; 25 (b) make general rules and specify '\forms for regulating the practice and proceedings of tribunals; and (c) specify the forms in which books, entries and accounts shall be kept by the officers of tribunals /, 13 section 20 of the principal act shall be renumbered as' sub- 30 section (1) thereof, and after sub-section (1) as so renumbered, the fol 10wingsub-secuon shall be inserted, namely: - "(2) my police officer not below the rank of a supedntenc:ient of police shall have such powers as may be necessary, including the power to obtain a bond from any penon for the due comphance 5 of an order under sub-section (1) and to arrest such perion in the event of his failure to furnish such bond to the satisfaction of such pollce officer" 14 after section 21 of the principal act, the following section shalt he inserted, naidfly:-insertldn of new section 21a 5 10 "21a notwithstanding anything contained in any other law for the time being in force, it shall be lawful for a police officer not below the rank of a superintendent of police, if he is satisfied that the circumstances so require and for reasons to be recorded in writing, to direct any person against whom a reference or an application has been made under this act to enter into a bond with or without sureties for making himself available for the inquiry and observance of such restrictions or conditions as may be specified by such police officer: power to bind certain persons against whom complaint is made under· the act provi~ that if such person fails to enter into such bond he may be arrested and detained in such manner as may be prescribed 15 in section 25 of the principal act, for the words "shall be punish-15 able with imprisonment for a term which may extend to thi"eje years and shall also be liable to fine", the following shall be substituted namely:-amend'" ment of section 25 "shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than two thousand rupees: 20 provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of leas than two thousand rupees " 16 in section 28 of the j)rincipal act, in sub-section (2),-amend· ment of section2& 25 (a) af~er clause (a), the following clause shall be inserted, namely:-"(aa) the form and the manner in which an applic·ation, and the form in which a declaration, may be made under sub-section (2) of section sa;"; 30 (b) for clause (b), the following clause shall be substituted, namely:-"(b) the authority or authorities to be prescribed under sections 11, 12 and 16;"; (e) after clause (e), the following clause shall be inserted, 3s namely:-"(ea) the manner of arrest and detention under the proviso to section 21a;" i the illegal migrants (determination by tribunals) act, 1983 providei for the establishment o~ tribunals for: the determination, in a fair manner, of the question whether a person is an illegal migrant so as to enable the central government to expel illegal migrants from india 2 experience gained in the implementation of the act has brought out the need for some amendments tal the act this need ailio finds expression in clause 59 of the assam accord 3 the bill has been finalised after detailed discussions with the state government of assam 'rhe bill provides, among other things, for the following, namely:-(i) reduction in the number of members of an illegal migrants (determination) tribunal from three to two; (ii) relaxation of the residence ;estriction and reduction of fee in case of private complaints; (iii) enabling any person living beyond the limit~ of the same police station to (make an application to the central government for reference to a tribunal; (iv) reduction in the minimum number of members of ad appellate tribunal from three to· two; (v) omission of the existing provision relating to revision by high court in view of the powers 'of the high court under articles 226 land 227 of the constitution; (vi) conferment of the powers on the appellate tribunal to exercise superintendence over all the determination tribunals in a state; i (vii) empowering a police officer not below the rank of a superintendent of police to bind certain persons; (viii) providing for a minimum punishment for offences under the act i 4 the bill seeks to achieve ~e above objects new delm; the 16th november, 1987 buta singh memorandum regarding delegated legislationclause 5 of the bill seeks to insert a new section sa which empowers the central government to prescribe the form and manner in which an application may be made and the form m which a: declaration may be made under that section i 2 clauses 7 and 11 of the bill which seek to amend sections 12 and 16 respectively, empower the central government to prescribe authorities to whom copies of every order passed by; a tribunal or an appellate tribunal shall be sertt i 3 clause 14 of the bill seeks to insert a new section 2la which empowers the central government to prescribe the manner of arrest and detention of persons who fail to enter into the bond under that section 4 the matters with respect to which the central government is empowered to make rules relate to matters of procedure the delegation ot ~gislative power is, therefore i of a normal character i (39 or 1983) - - - - - chapter ii establishment of tiubun\ls5 (1) - - - - - (3) each tribunal shall consist of three mem'gers - - - - - establish· ment c1l megal migrant (determination) tribunals filung of 8 if, for any reason, any vacancy occurs in the office of the chairman vacancies or any other member of a tribunal, the central government may flll the vacancy by appointing any person who fulflls the qualifications specified in sub-s,ection (2) of section 5, as the chairman, or, as the case may be, member of such tribunal - - - - - " , 8 (1) - - - - - lleferenees or applicationsto tribunals (2) without prejudice to the power conferred on the central government by sub-section (1), any person may make an application to the tribunal, for its diecision, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant: i provided that no such application shall be entertained' by the tribunal unless the person in relation to whom the application is made is found, or resides, at a place within three kilometres from the place of residence of the applicant (3) every application made under sub-section (2) shall be made in such form and in such manner as may be prescribed and shall be accompanied by affidavits sworn by not less than two persons residing within three kilometres of the area in which the person referred to in the application is found, or residing, corroborating the averments made in the application, and shall also be accompanied by such fee, being not less than twenty-five, and not more than one hundred rupees, as may be pres~ribed (4) every reference under sub-section (1), and every application under sub-gection (2), shall be made to the tribunal within the tern-i torial limits of whose jurisdiction the place of residence of the person named in such reference or ap,plication, as the case may be, is situated: provided that where the person named in such reference or application has no place of residence, the reference or application, as the case may be, shall be made to the tribunal within the territorial limits of whose jurisdiction such pel'son is found - - - - - 10 on receipt of a reference under sub-section (1) of section 8, the procedures tribunal shall serve on the person named in such reference, a notice, with resaccompanied -by a copy of such referencje, calling upon him to make, pect to references within a period of thirty days from the date of receipt of such notice, under subsuch representation with regard to the averments made in the r¢erence, section and to produce such evidence as he may think fit in support of his (1) of defence: section 8 determination of the question as to whether a pei'b~m is an illegal migrant provided that if the tribunal is satisfied that the person aforesaid was prevented by suftlcient cause from making his representation and from producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify - i - - - - 12 (1) the tribunal to which a referenqe has been made under section 8, or to which an application has been made under that section, shall, after taking such evidence as may be adduced before it and after making such inquiry as it may think fit and after ~aring such persons as it may deem appropriate, by order, decide the question as to whether the person named in such reference or application, as the ~ may be, is or is not an illegal migrant: provided that where for the detennination of such question in any case the decision on any issue re~rs any decision on any other issue or issues unnecessary, the tribunal may not decide such other issue or issues (2) where the members of t¥ tribunal differ in their opinion on any point, the decision on such point shall be according to the opinion of the majority of such members reference and application to be disposed ot within six months appeal (3) the tribunal shall send a copy of every order passed by it to the pr~cribed authority and to the parties to the reference, or the application, as the case may be - - - - - 13 every reference made to a tribunal under section 8 or application made to a tribunal under that section shall be inquired into as expeditiously as possible and every endeavour shall be made to conclude such inquiry within a period of six months from the date of the service, on the person concerned, of a copy of such reference or application - u the central government, or any person, nari¥d in a reference or an application under section 8, or any applicant under sub-8ection (2) of that section may, if it or he is not satisfied with any order made by a tribunal wider section 12, prefer an appeal to t~ appellate tribunal against such order 15 (1) - - - - appellllte tribunal (3) an appellate tribunal shall consist of as many members, not being less than three and more than six, as the central government may think fit - - - - - (6) the powers and functions of an appellate tribunal may be exercised and discharged by benches constituted by the president thereof from amongst the members thereof and each bench shall consist ot not ],ess than two members - - - (10) every appellate tribunal shall have the same powers as are 5 ot 1908 vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following mat~rs, ,namely:-(a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any docum~; (c) reception of evidence on affidavits; (d) requisitioning of public j1e!cords from any court or office; (e) issuing of any commission for the examination of witnesses , 16 (1) - - - - - order of the appc-late tri-bunal (3) the appellate tribunal shall send a copy of every order passed by it under sub-section (1) to the parties to the appeal and to the tri-bunal concerned ' (4) subject to the provisions of section 17, every order passed under sub-section (1), other than an order remanding the case, shall be final and no order pa~ under that sub-section shall be called in question in any court revision 17 the high court may call for the record of any case which baa been decided by the appellate tribunal situate within its local jurisdiction, and if such appellate tribunal appears-(a) to have exercis;ed a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court may make suc~, order in the case as it thinks fit: provided that the high court shall not, under this section, vary or reverse any order made or any order deciding an issue in the course of a proceeding with respect to an appeal, ~xcept where-(i) the order, if it had been made in favour of the party applying for revision, would have finally disposed of the proceeding, or (ii) the order, if a1low~ to stand, would occasion a failure of justice or cause irreparabl~ injury to the party against whom it was made expl4mtion-in this section, the expression "any case which has been decided" includes any order madle or any order deciding an issue in the course of a proceeding with respect to any appeal - - - - - chaprer iv enforcement of the ollders made by the tribunalsexpuls~nn f>t illegal migrant zoo where a person has been ~termined by a tribunal, or, as the case may be, by the appellate tribunal, to be an illpgal migrant, the central government shall, by order se~ on such person, direct such person to remove himself from india within such time and by such route as may be specified in the order and may give such further di~tions in regard to his removal from india as it may consider necessary or expedient - - - - - 25 ally person who,-penalties (a) contravenes or attempts to contravene, or abets the contra~ vention of, any order made under section 20; or (b) fails to comply with any direction given by any such order; or , (c) harbours any person who has contravened any order made under section 20 or has failed to comply with any direction given by any such order, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine - - - - - 28 (1) - - - - - power to make rules (2) in particular and without prejudice to the generality of ~ fo~ going powers, such ru~s may provide for all or any of the following matters, namely:-- - - - - (b) the authority to be prescribed under section 11; (c) the form and the manner in which an apwal to the appellate tribunal may be preferred and the fee which shall accompany such appeal, as required by su~section (8) of section 15; - - - - - a billto amend the illegal migrants (determination by tribunals) act, 1983 (shri buta singh, minister of home affairs)

Parliament_bills

3a0db182-86af-512d-b5e2-c0d11774c186

8m no 29 of 1989 the representation of the people (amendment) bill, 1989a bill further to amend the representation of the people act, 1950 be it enacted by parliament in the fortieth year of the republic of india as follows:-short title 43 fil 1'50 ameddment ofaectioo 9~ 1 this act may be called the representation of the people (amendment) act, 1989 5 2 in section 9 of the representation of the people act, 1950 (hereinafter referred to as the principal act), after clause (a), the following clause shall be inserted, namely:-"(aa) make such amendments in the delimitation of parliamentary and assembly constituencies order, 1976 as appear to it to be 10 necessary or expedient for consolidating with that order any notification or order relating to delimitation of parliamentary or assembly constituencies '(including reservation of sleats for the scheduled castes or the scheduled tribes in such constituencies) issued under any central act;" ameocl mento{ section 14 15 3 in section 14 of the principal act, to clause (b), the following proviso shall be added, and shall be deemed to have been so added with effect from the 28th day of march, 1989 namely:-'provided that "qualifying date", in relation to the preparation or revision of every electoral roll under this part in the year 1989 shall 20 be the 1st day of april, 1989' 4 in section 19 of the principal act, in clause (a), for the words "twenty-one years", the words "eighteen years" shall be substituted, and shan be deemed to have been so substituted with effect from the 28th day of march, 1989 i 5 in the fourth schedule to the principal act, under the heading 5 "mahatashtra", the entry "3 town committees" shall be omitted 6 all things done and all steps taken, before the commencement at this section in relation to the preparation or revision of electoral rolls under part iii of the principal act in the year 1989 shall, in so far as they are in conformity with the provisions of the principal act, as 10 amended by sections 3 and 4 of this act, be deemed to have been done or taken under the principal act as amended by those sections as if the principal act as so amended was in force at the time such things were done or such steps were taken statement of objects and reasonsthe constitution (sixty-first amendment) act, 1988 is an historic step in reducing the age of voting from 21 to 18 years and thus providing opportunity of participation to younger generation in the functioning of parliamentary demooracy it has, therefore, as a consequential measure, become necessary to amend the representation of the people act, 1950 2 the election commission started the process of revision of electoral rolls covering all those who have now become eligible to vote for this purpose, 1st of april, 1989 has been proposed to be the qualifying date it is, therefore, necessary to amend section 14 of the 1950-act and to validate the actions taken by the election commission in this regard it is also necessary that section 19 of the 1900-act should be amended to provide 18 years as the voting age 3 opportunity is also being availed of to amend section 9 of the 1950-act for empowering the election commission to consolidate all information relating to delimitation of parliamentary and assembly constituencies it is also proposed to omit the reference to 'town committees in the fourth schedule to the 1950-act so as to keep the same in conformity with the maharashtra municipalities act, 1965 4 the bill seeks to achieve the above objects new delhi; b shankaranand the 30th march, 1989 - - - - 9 (1) the election cqmmission may, fr~,m time to ual" ,by ~otiftca· tion published in the gazette of india and in the official gazette of the state coneemed,-- - - - - power of election commission to maid tam delimitation order up-todate part iii electoral rolls for assembly oonstituencdsdefini-hons 14 in this part, unless the context otherwise requires,-- - - - - (b) "q\ullifying date", in relatioll to the preparation or revision of every electoral roll under this part, means the 1st day of january of the year in which it is so prepared or revised - - - - - 19 subject to the foregoing provisions of this part, every person who-conditiod8 of regiatration - (a) is not less than twenty-one years of age on the qualifying date, and - - - - the fourth schedule[see section 27 (2)] local authorities for purposes of elections to legislative councils - - - - - maharashtra - - - - - 3 town committees - - - - - t; 4 a billfurther to amend the representation cf the people act 1950 (shri b shankaranand, minister of law and justice)

Parliament_bills

3121b505-8bc5-5357-87ed-9241c2d217ec

bill no 255 of 2015 the constitution (amendment) bill, 2015 by dr udit raj, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2015amendment of article 1242 in article 124 of the constitution, in clause (1), the following proviso shall be added at the end, namely:—amendment of article 2163 in article 216 of the constitution, the following proviso shall be added at the end, namely:—"provided that one-third of such judges shall be appointed from amongst persons statement of objects and reasonsthe scheduled castes and the scheduled tribes have been considered as the weakest sections of the society for ages they have been ill treated, insulted and ignoredmany steps taken by the government to improve their standard of living have shown some results provisions have been made for reservation in their favour in government jobs and also in educational institutions however, their representation is limited demands have been made from several quarters for reservation in favour of the persons belonging to the scheduled castes and the scheduled tribes in judiciary also as such, it is proposed to amend the constitution with a view to making provisions for reservation in favour of persons belonging to the scheduled castes and the scheduled tribes in the supreme court and in high courtshence this billnew delhi;udit rajnovember 13, 2015 annexure extract from the constitution of india 124 (1) there shall be a supreme court of india consisting of a chief justice of india and, until parliament by law prescribes a larger number, of not more than seven other judges establishment and constitution of supreme court constitution of high courts216 every high court shall consist of a chief justice and such other judges as the president may from time to time deem it necessary to appoint ———— a billfurther to amend the constitution of india————(dr udit raj, mp)gmgipmrnd—2815ls—01122015

Parliament_bills

49da3283-0d89-5c1c-9b9a-0eb69dc166e3

bill no 201 of 2017 the andhra pradesh reorganisation (amendment) bill, 2017 by shri jayadev galla, mp a billfurther to amend the andhra pradesh reorganisation act, 2014be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—6 of 2014amendment of section 462 in section 46 of the andhra pradesh reorganisation act, 2014 (hereinafter referred to as the principal act), for sub-section (2), the following sub-section shall be substituted, namely:—5"(2) notwithstanding anything in sub-section (1), the central government shall make necessary grants and also ensure that adequate benefits and incentives in the form of special development package on the lines of bundelkhand area and kbk districts in odisha are given to the backward areas of successor state of andhra pradesh"insertion of new part v a103 in the principal act, after part v, the following new part and sections thereunder shall be inserted, namely:— "part v a special development package to the successor state of andhra pradesh1546a notwithstanding anything contained in any other law for the time being in force, the successor state of andhra pradesh shall be granted special development package with effect from the 1st day of january, 2015 for a period of ten yearsspecial development package to the successor state of andhra pradesh46b the central government shall bear the entire expenditure of externally-aided projects in respect of successor state of andhra pradesh with effect from 1st day of january, 2015 for a period of ten yearscentral government to bear expenditure of externallyaided projects20concessions with regard to taxes and grants46c notwithstanding anything contained in any other law for the time being in force, the successor state of andhra pradesh shall, by virtue of being granted special development package, be provided, in particular, the following concessions with regard to tax revenues and grants—39 of 2003 25(i) fixation of limt under the fiscal responsibility and budget management act,2003, for successor state of andhra pradesh at five per cent of state gross domestic product with effect from the 1st day of april, 2015 for a period of ten years;(ii) concessions in investment allowance, accelerated depreciation, industrial incentives and other tax concessions in line with himachal pradesh and jammu and kashmir within three months from the date of coming into force of this act; and30(iii) exemption in capital gains tax on the sale of developed land in the capital region of amaravati"amendment of section 904 in section 90 of the principal act, after sub-section (4), the following sub-section shall be inserted, namely:—35"(5) the central government shall bear the entire cost of the project including expenditure on rehabilitation and resettlement and reimburse to the successor state of andhra pradesh, the expenditure incurred by it till 31st day of march, 2014"5 in thethirteenth schedule to the principal act, under the heading "infrastructure", for paragraph (8), the following paragraph shall be substituted, namely:—amendment of thirteenth schedule"(8) indian railway shall, within six months from the coming into force of this act, establish a new railway zone at vishakhapatnam in the successor state of andhra pradesh" statement of objects and reasonsthe union finance minister announced a special development package for andhra pradesh on 7th september, 2016, and also made a statement that 'government of india will support andhra pradesh to the hilt'there is no doubt that special development package includes full funding of polavaram project, tax concessions, special assistance, apart from other fiscal measures to the state of andhra pradesh but, the demand and the need of the hour for a level-playing field to the state of andhra pradesh can only be achieved if industrial incentives and other tax concessions are given at par with himachal pradesh and jammu and kashmirclause 2 of the bill talks about giving special package for development of backward districts of andhra pradesh but, the assurance of the prime minister on the floor of parliament is that special package to ap would be given on the lines of bundelkhand region and kbk districts of odisha this was missing in the ap reorganisation act hence, it is proposed to include this in this bill to fulfill the assurance given by the prime ministersecondly, andhra pradesh is given development package due to immense loss it has suffered aftr bifurcation and, financial/development packages with different nomenclatures were announced to various states and regions earlier and everybody knows the fate of such announcements so, looking at the past experience, people of andhra pradesh are apprehensive that this development package may also meet the same fate in view of this, there have been demands from various quarters and also from the chief minister and the finance minister of andhra pradesh for giving legislative backing to the entire special development package announced on 7th september, 2016, and also to implement the package in a fixed time-framein view of the above, there is a need to amend the andhra pradesh reorganisation act,2014, to give legislative backing to the special development package to legitimize the announcement made by government of india the union finance minister also assured that he would take steps to exempt capital gains tax on the sale of developed land in the capital region of amaravatihence this billnew delhi;jayadev gallafebruary 1, 2017________ president's recommendation under articles 117(1), 274(1) and 1173(3) of the constitution ________[copy of letter no 16017/01/2017-sr dated 1 november, 2017 from shri hansraj gangaram ahir, minister of state in the ministry of home affairs to the secretary general, lok sabha]the president, having been informed of the subject matter of the andhra pradesh reorganisation (amendment) bill, 2017 (amendment of section 46, etc) by shri jayadev galla, mp, has recommended under articles 117(1), 274(1) and 117(3) of the constitution for introduction and consideration of the bill in lok sabha, respectively financial memorandumclause 2 of the bill seeks to make available necessary grants for the backward areas of the successor state of andhra pradesh clause 3 seeks to provide a special development package to the successor state of andhra pradesh clause 4 provides that the polavaram project shall be funded by the union government entirely as the sums of moneys will be given to the successor state of andhra pradesh as special development package concessions and grants by appropriation, by law, made by parliament, it is not possible to give the estimates of recurring expenditure, which would be involved out of the consolidated fund of india at this stageno non-recurring expenditure is likely to be incurred from the consolidated fund of india annexureextract from the andhra pradesh reorganisation act, 2014(6 of 2014)46 (1) distribution of revenue(2) notwithstanding anything in sub-section (1), the central government may, having regard to the resources available to the successor state of andhra pradesh, make appropriate grants and also ensure that adequate benefits and incentives in the form of special development package are given to the backward areas of that state(3) 90 (1) (2) (3) polavaram irrigation project to be a national project(4) the central government shall execute the project and obtain all requisite clearances including environmental, forests, and rehabilitation and resettlement norms the thirteenth schedule (8) indian railway shall, within six months from the appointed day, examine establishing a new railway zone in the successor state of andhra pradesh and take an expeditious decision thereon; lok sabha———— a billfurther to amend the andhra pradesh reorganisation act, 2014————(shri jayadev galla, mp)gmgipmrnd—4681ls(s3)—10-11-2017

Parliament_bills

2a4ac71d-6f2e-5004-b7f1-721d6e4001ea

bill no 85 of 2009 the forest (conservation) amendment bill, 2009 by shri satpal maharaj, mp a billfurther to amend the forest (conservation) act, 1980be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the forest (conservation) amendment act, 2009short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint52 after section 3b of the forest (conservation) act, 1980, the following sections shall be inserted, namely:—insertion of new sections 3c and 3d10protection of rights ofinhabitants of hill areas over forests"3c (1) nothing in this act or in any other law, for the time being in force, in any part or whole of the territory of india shall be deemed to prohibit the inhabitants of hill areas, living in the vicinity of reserved forests or protected forests or in the vicinity of any other forest land, by whatever name called, from felling, cutting, sawing off or removing trees including green trees or from taking timber and fodder or fetching water or using any other forest produce or from grazing rights or from stripping the bark or leaves from any tree or from quarrying of stones or from any other right or concession which they had been traditionally enjoying or which is recognised and settled as a right by the state government, in such forest or forest land for their own bonafide use for the purpose of collecting fuel or for agriculture or for other domestic and non-commercial purposes5(2) for the purposes of sub-section (1), the state government shall grant licenses to the bonafide users in such form and manner as it may, by notification in the official gazette, specify10(3) nothing in this section shall prohibit the state from imposing such conditions or making such regulations, including quantities of forest produce which the bonafide users may be entitled to, as are necessary, for conservation and development of forests for public good(4) the provisions of this section shall have effect notwithstanding any judgment or order or decree of any court or tribunal or any authority contrary to the provisions of this section153d (1) notwithstanding anything contained in sections 2 and 3, the approval of the central government shall not be required for deforestation in the following cases, namely:—(i) any work relating to building new houses for tribal and non-tribal families living in the vicinity of forest land;approval of central government not required for deforestation in certain cases20(ii) construction of,—(a) roads or helipads or ropeways to give connectivity to importantplaces;(b) primary health centres; (c) anganwadis; and (d) water tanks;25(iii) laying of,—(a) pipelines for sewer/drinking water connections; and (b) telecommunication lines;30(iv) erection of electric poles for transmission and distribution of electricity for exclusive benefits to tribal and non-tribal settlements in the vicinity of forests;(v) any work relating or ancillary to mining; and (vi) any other development work to be carried out under any developmental scheme launched by the central government or state government, as the case may be35(2) every state government shall forward a list of all cases of deforestation under sub-section (1) to the union ministry of environment and forests40(3) if the central government, on the basis of information received under subsection (2) or otherwise, is satisfied that due to development works specified in subsection (1), the forest cover in a state has depleted more than ten per cent during any previous year and that the state government has not undertaken any effective steps to maintain the forest cover, it may, by notification, suspend the application of the provisions of this act, in relation to that state till such time as it may deem necessary" statement of objects and reasonsthe forest (conservation) act, 1980 was enacted with a view to checking increasing deforestation and consequent degradation of environment the act made prior approval of the central government obligatory for de-reservation of reserved forests and also for use of forest lands for non-forest purposes though no one disputes the purpose for which the act was enacted yet, it cannot be denied that the forests are inseparably linked with day to day life of the hill people people of the hill regions of uttarakhand enjoyed the right to graze cattle, take fuel wood, grass, stones, etc from the reserved forests for their bonafide use repeated attempts were made to curtail the rights of hills people from time to time in the past, there was a forest grievance committee appointed by the british government which submitted its report in 1921 thereafter, a report submitted by mr va stowell, ics on land management system, which is accepted as law, recognised all the aforesaid traditional rights of the hill people however, by an order dated 12 december 1996, the supreme court directed that in hill areas, felling of trees will not be permitted in any forest, whether public or private however, this ban was not to apply to permits granted to right holders for their bonafide personal use in himachal pradeshin the hill regions of uttarakhand, approximately 40 thousand cu mt of timber per year was granted to the people as rights and concessions of forest produce at the time of settlement under the indian forests act depriving people of hill regions of their customary rights as recognised by the government has created hardships and discontent amongst them there is no fuel wood available in cremation grounds and for other bona fide customary uses of the people of hill regions of uttarakhandsimilarly, tribal and non-tribal people living in the vicinity of the forest land are facing problems in construction of their new houses, anganwadi centres, public health centres in and around their settlements there is no provision in the act to provide relaxation for utility services like construction of public roads, laying sewer lines, building water tanks, erecting electric poles for transmission and distribution of electricity supply and laying telephone lines, etcthe scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 recently enacted by parliament, recognizes and confers certain rights on scheduled tribes and other traditional forest dwellers however, these rights can be enjoyed only by those other traditional forest dwellers who have at least for three generations (ie seventy-five years in all) prior to 13 december 2005 primarily resided in and who depend on the forest lands for their bonafide livelihood needs this act, therefore, does not adequately address the problems of the people of hill regions of uttarakhand even after the enactment of this act, the people of hill regions are not able to enjoy their customary rights for their bonafide usefurther, development works like building new houses, roads, helipads, ropeways primary health centres, water tanks, etc still require approval of the central government this results in avoidable delay in the delivery of services to the people living in these areas this act, therefore, does not adequately address the problems of the people living in the vicinity of forest lands and especially of hilly regions of uttarakhandpeople living in the vicinity of forest lands have not seen any developmental work in their area as the existing forest (conservation) act, 1980 provides for a cumbersome procedure to be followed for approval of any project for development of basic amenities in the area it is necessary to serve the interests of the tribals and other non-tribal people living in the vicinity of forest lands by amending the existing forest (conservation) act, 1980 with a view to facilitate carrying out of necessary construction and other development related works to meet the demands of their growing population for housing, health centres, etc in the vicinity of their existing settlementsthe proposed bill is, therefore, an attempt towards restoring such customary rights as are enjoyed by the people of hill regions with forests, while, at the same time, allowing the state government to regulate such rights for the conservation of forests and also to enable them to implement the schemes aimed at the overall development of hilly regionsnew delhi;satpal maharajjuly 30, 2009 lok sabha———— a billfurther to amend the forest (conservation) act, 1980————(shri satpal maharaj, mp)gmgipmrnd—3995ls(s-5)—04112009

Parliament_bills

d3cbe918-f9a4-5988-956f-423aaccdfe40

bill no 21 of 2012 the prevention of corruption (amendment) bill, 2012 by shri bhoopendra singh, mp a billfurther to amend the prevention of corruption act, 1988be it enacted by parliament in the sixty-third year of the republic of india as follows:—1 this act may be called the prevention of corruption (amendment) act, 2012amendment of section 173 in section 17 of the principal act, the following proviso shall be added at the end, namely:5"provided also that a police officer investigating into an offence referred to in clause (e) of sub-section (1) of section 13 shall compulsorily inquire into and, as far as possible, find out the sources of and the manner of acquiring the pecuniary resources or property disproportionate to the known sources of income of a public servant and the extent of role of other public servants in commission of such offence"amendment of section 194 in section 19 of the principal act, in sub-section (1), the following proviso shall be added at the end, namely:—10"provided that where a decision regarding granting or withholding the previous sanction is not taken within a period of four months from the date of seeking previous sanction, the previous sanction shall, after the expiry of the said period, be deemed to have been given by the central government or the state government or the competent authority, as the case may be" statement of objects and reasonsat present, corruption is the biggest problem afflicting our country it is difficult to assess the extent of damage that corruption has done to our country corruption devalues human rights and hampers growth it is urgently required to put in place the strongest possible laws to check corruption at the same time, it is also equally important that these laws are implemented in an effective manner increase in quantum of punishment to and fine on people involved in corruption will be a step in that directionin various raids conducted during the past few months, some public servants including those belonging to group 'c' and 'd' categories have been found to have amassed crores of rupees which is beyond their known sources of income these assets are alleged to have been acquired through illegal gratifications thus, a provision should be made in the act to find out how and from where such assets were acquired by the public servants obtaining prior sanction from the competent authority to initiate the process of prosecution against public servants accused of corruption is a major stumbling block there is a popular perception in the country that no serious and meaningful effort is being made to prevent corruption it is therefore, necessary that the process of sanctioning prosecution should be completed within a stipulated time framehence this billnew delhi;bhoopendra singhfebruary 21, 2012 annexure extract from the prevention of corruption act, 1988 (49 of 1988) public servant taking gratification other than legal remuneration in respect of an official act7 whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine 17 notwithstanding anything contained in the code of criminal procedure, 1973, no police officer below the rank,—persons authorised to investigate(a) in the case of the delhi special police establishment, of an inspector of police;(b) (c) provided that if a police officer not below the rank of an inspector of police is authorised by the state government in this behalf by general or special order, he may also investigate any such offence without the order of a metropolitan magistrate or a magistrate of the first class, as the case may be, or make arrest therefor without a warrant:provided further that an offence referred to in clause (e) of sub-section (1) of section13 shall not be investigated without the order of a police officer not below the rank of a superintendent of police 19 (1) previous sanction necessary for prosecution(2) where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the central government or the state government or any other authority, such sanction shall be given by that government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed| | | | | | ||------|------|------|------|------|-----|———— a billfurther to amend the prevention of corruption act, 1988————(shri bhoopendra singh, mp)gmgipmrnd—4168ls(s3)—14032012

Parliament_bills

4d97e869-2d21-5cdb-ba5c-8eefa7ea490b

bill no 108 of 2018 the constitution (amendment) bill, 2018 byshri vinod kumar boianapalli, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2018amendment of article 162 in article 16 of the constitution, in clause (4), for the words "adequately representated", the words "represented in proportionate to its population" shall be substitutedthe schedule statement of objects and reasonsindia is a country of diverse people and religions while some have fared better than the others, concept of reservations was introduced in the system to bring at par the marginalised and backward classes of people the hon'ble supreme court of india, in indra sawhney v union of india had held that such reservations should not cross the bar of fifty per cent in total this bar has not been prescribed by a law in parliament nor it is based on any research or reasoning these marginalised and backward people cannot be held back based on a decision which does not correctly account for the number of such persons in the country it is a well-established fact that the backward classes account for much more than fifty per cent of the country's population and hence must be given opportunities based on their proportion to the country's populationthe bill, therefore, seeks to amend article 16 of the constitution to allow reservation in education and employment opportunities on a proportionate manner, in contrast the current situation which provides for adequate reservationto this effect, the state government of telangana, after careful consideration and study of the backward population in the state, has enacted ''the telangana backward classes, scheduled castes, and scheduled tribes (reservation of seats in educational institutions and of appointments or posts in the services under the state) act, 2017, which seeks to increase reservation in the state to sixty-two per cent from the existing fifty per cent the extension beyond the prescribed limit of fifty per cent is in line with what was held by the supreme court in the judgement, which allows for crossing the fifty per cent threshold if it is necessary and the decision is based on quantifiable data for this purpose, the proposed bill seeks to amend the ninth schedule to the constitution in order to place the state act in this schedule and to protect the interests of the persons belonging to the backward classes in the newly formed state of telanganahence this billnew delhi;vinod kumar boianapallimarch 23, 2018 annexureextract from the constitution of india 16(1) (2) (3) equality of opportunity in matters of public employment(4) nothing in this article shall prevent the state from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state ninth schedule [article 31b]284 the west bengal and land reforms tribunal act, 1991 (west bengal act 12 of1991) lok sabha———— a billfurther to amend the constitution of india————(shri vinod kumar boianapalli, mp)mgipmrnd—309ls(s3)—08-06-2018

Parliament_bills

eeedeeeb-322f-5e53-8888-1607c493bd04

bill no 66 of 1987 the national security (amendment) bill, 1987 a billfurther to amend the nc&t1ioncdsecurity act, 1980, m its application to the state of punjab and the union territory of chaftdigarh be it enacted by parliament in the thirty-eighth year of the republic (if india as follows:-1 (1) this act may he call~d the national security (amendment) short act, 1987 lille and commen~-e­ment 5 (2) it shall be deemed to have come into force on the 9th day of june, 1987 amendment of act 65 of 1980 in 2 the national security act 1980 (hereinafter referred to as the principal act) shall, in its appli~ation to the state of punjab and the union territory of chandigarh, have effect subject to the amendments i specified in section 3 o ilf; application to punjab and chandlaam 3 in the principal act, after section 14, the followiilj section shan ht inserted, namely:-1l1set tion of new iicction 14a '14a (1) notwithstanding anything contained in the foregoing provisions of this act, or in any judgment, decree or order of any court or other authority, any person in respect of whom an order of 5 detention has been made under this act at any time before the 8th day of june, 1988 may be detained without obtaining the opinion of the advisory board for a period longer than three months, but not exceeding six months, from the date of his detention where such person had been detained with a view to preventing him from aet- 10 ing, in any disturbed area, in any manner prejudicial to-(a) the defence of india; or (b) the security of india; or (c) the security of the state; or (d) the maintenance of public order; or is circumstances ill which persods may be detained for periods loqer than three months without obtaining the opinion of advilo1'y boards (e) the maintenance of supplies and services essential to the community explanation 1-the provisions of the exp14nati<m to sub-section (2) of section 3 shall apply for the purposes of this sub-section as they apply for the purposes of that sub-section 20 exp141141tion 2-ln this sub-section, "disturbed area" means any area which is for the time being declared by notification under section 3 of the punjab disturbed areas act, 1983, or under section 3 of the chandigarh disturbed areas act, 1983, to be a disturbed area 32 of 1983 33 of 19113 (2) in the case of any person to whom sub-section (1) applies, 25 sections ~, 8 and 10 to 14 shall have effect &ubject to the following modifications, namely:-(a) in section 3,-(i) in sub-section (4), in the proviso,-(a) for the words "ten days", the words "fifteen 30 days" shall be substituted; (b) for the words "fifteen days", the words "twenty days" shall be substituted; , (ii) in sub--section (5), for the words "seven days", the words "fifteen days" shall be substituted; is (b) in section 8, in sub-section (1), for the words "ten days", the words "fifteen days" shall be substituted; (c) in section 10, for the words "shall, within three weeks", the words "shall, within four months and two weeks" shall be subitituted; -1:') lok sabha corrigenda(to be/as introd jced in lo·~ s abha) read "the national security act 1980" ie!: "(65 cf 1985)" ~ "(65 of 1980)" rue natialal seajrity (amendment) bill 1987 3 page 5 line 3,-1 page 1 line 18 in the marginal citation,-i2£ "3 of 1987" ~ "ord 3 of 1987" 2 page 5 line 2,-"me national securi1y (amendment) act, 1985" (d) in ection 11,-(i) in sub-section (1), for the words "seven weeks", the words "five months and three weeks" shall be substituted; s (ii) in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the , person con~erned" shall be substituted; ·(e) in section 12 for the words "for the detention", at both the places where they occur, the words "for t~ continued detention" shall be substituted; 10 (1) in oection 13, for the words "twelve months", the words "two years" shall be substituted; (g) in section 14, in the proviso to sub-section (2), for the words "twelve months", the words "two years" shall be substituted' 24 of 1984 15 4 the national security (amendment) act, 1984, section 4' of the repeals 60 of 1984 national security (second amendment) act, 1984 and the national 23 of 1985 security <amendment) act, 1985 are hereby repealed 3 of 1987 5 (1) the national security hereby repealed (amendment) ordinance, 1987, is repeah and 20 (2) notwithstanding such repeal, anything done or any action taken under the principal act as amended by the said ordinance, shall be deemed to have been done or taken under the principal act, as amended by this act during the last few months, the activities of the extremist and terrorist elements in the state of punjab and the union territory of chandigarh have been a matter of serious concern these elements indulged in violent activities and terrorist methods, including tl:j'eats to persons involved in the investigation and prosecution of cases although the entire state of punjab and the whole of the union territory of chandigarh had been declared as "disturbed areas" under the relevant ·disturbed areas act, there had been no improvement in the effective prevention of these activities whle the deteriorating law and order situation had necessitated the imposition of the president's rule in the state of punjab, further strong action was found necessary to prevent the terrorists from indulging in activities prejudicial to the secunty of the state and the maintenance of public order the state government had also requested the taking of suitable measures to enable it to take preventive action accordingly, the president prom\llgated on the 9th june, 1987 the national security (amendment) ordinance, 1987 to provide for certain modiflcations in the application of the national security act, 1980 to the state of punjab and the union territory of chandigarh 2 the ordinance provided for the following, among other things, namely:-(a) to inc,rease from 10 days to 15 days the maximum period within which grounds of detention may, in exceptional circumstances, be communicated to the detenu and to increase from 15 days to 20 days up to which the orders made by the officers referred to in subsection (1) of section ,3 of the act shall remain in force without the approval of the state government; (b) to provide in certain cases for detention of persons without obtaining the opinion of the advisory board for a period of more than three months but not exceeding six: months from the date at treir detention and to provide also in such cases for a longer maximum period of detention; and (c) to make the necessary consequential amendments in the act 3 the 8ui seeks tc! repl,ee the aforeaid ordinance buta singh new delhi; the 22nd july 1987 | | ||-----------|--------|| | || | || | || 3 | (1) || - | || | || | || - | || - | || power | || to | || make | || order | || detaininl | || certain | || persont5 | |(4) when any order is made under this section by an officer mentioned in sub-section (3), he shall forthwith report the fact to the state government to which he is subordinate together with the ground~ on vrhich the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime it has been approved by the state government: , , provided that where under section 8 the grounds of detention are communicated by the officer making the order after five days but not late than ten days from the date of detention, this sub-section shall apply subject to the modification that, for the words "twelve days", the words "fifteen days" shall be substituted (5) when any order is made· or approved by the state government under this section, the state government shall, within seven days, report the fact to the central government together with the grounds on which the order has been made and such other particulars as, in the opinion of the state government, have a bearing on the necessity for the order - grounds of order of detention to be disclosed to per-8 (1) when a personis detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily dot later than five days and in exceptional circumstances and for reasons to be recorded in writing, not' later than ten days from the date of detention, communicate' to him the grounds on which the order has been made anei shall ajford him the' rliest opportunity of making a repntsentation against the order to the appropriate government " - sods affected by the order reierence to adivisory boards 10 save as otherwise expressly provided in this act, in every case where a detention order has been made under this act, the appropriate government shall, within three weeks from the date of detention of a person under the order, place before the advisory board constituted by it under section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer mentioned in sub-section (3) of section 3, also the report by such officer under subsection (4) of that section proe duro of advisory boalds 11 (1) the advisory board shall, after considering the material placed before it and, after calling for such further information as it may deem necessary from the appropriate government or from any person called for the purpose through the appropriate government or f~om the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its ~port to the appropriate government wj!hin seven weeks from the date of detention of the person concerned (2) the report of the advisory board shall specify in a separate part thereof the opinion of the advisory board as to whether or not there is sufficient cause for the detention of the p,erson concerned - - - - - 12 (1) in any case where the advisory board lias reported: that there is, in its opinion, sufficient cause for the detention of a person, the appropriate government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit aclion upon the repm10f iho advisory board (2) in any case where the advisory board has reported that there is, in its opinion, no suftlcient cause for the detention of a person, the appropriate government shall revoke the detention order and cause the person concerned to be released forthwith muimum period of dell:ntion 13 the maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12 shall be twelve months from the date of detention: provided that nothing contained in this section shall affect the power of the appropriate government to revoke or modify the detention order at any earlier time 14 (1) - revoca-tion of del·ention orders (2) the expiry or revocation of a detention order (hereafter in this sub-section referred to as the earlier detention order) shall not [whether such earlier det~ntion order has been made before or after the com-mencement of the national ~curity (second amendment) act, 1984] bar the making of another detention order (hereafter in this sub-sertion referred to as the subsequent detention or~er) l,1l1der 8ection 3 against the same person: i , provided that in a case where no fresh facts have arisen afte,r the expiry or revocation of the earlier detention order made against such person, the maximum period for which such person may be detftined in pursuance of the subsequent detention order shall, in no case extend , beyond the expiry of a period of twelve months from tb:e date of deten-tion under the earlier detention order ~ a billfurther to amend the national security act, 1980, in its application to the state of punjab and the union territory of chandigarh (shti buta singh, minister oj home affaits)

Parliament_bills

e1444641-6d22-5a4b-bfae-7d382d30aa85

bill no 88 of 2016 the national green tribunal (amendment) bill, 2016 by shri ravneet singh bittu, mp a billto amend the national green tribunal act, 2010be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—19 of 2010amendment of section 52 in section 5 of the national green tribunal act, 2010, in sub-section (1), for the words "unless he is, or has been, a judge of the supreme court of india or chief justice of a high court", the words "unless he is a judge of the supreme court of india or chief justice of a high court or an advocate for at least ten years in a high court or in two or more such courts in succession" shall be substituted5 statement of objects and reasonsit has been observed that in various tribunals and other quasi-judicial bodies a huge pendency of cases lies it is primarily for the reason that the seat of chairperson or other judicial members remain vacant due to delay in appointment of judges as the chairperson or members, as the case may be, of tribunals or quasi-judicial bodiestherefore, the proposed amendment is put forth to remove the provision for appointment of retired judges as the chairperson and members in these tribunals thus, only a sitting judge of the supreme court or a high court, as the case may be, can be appointed to this post if that judge wishes to leave his office of judge voluntary and assents to join tribunalthe bill also proposes to insert provisions wherein an advocate with not less than ten years of practice becomes eligible to be appointed as the chairperson of the tribunal this shall facilitate the speedy disposal of the cases pending before the tribunals because the positions in the tribunals shall not remain vacant for long this also captures the idea of providing equal opportunity to people with equal experience and eligibility march 9, 2016 annexure extract from the national green tribunal act, 20105 (1) a person shall not be qualified for appointment as the chairperson or judicial member of the tribunal unless he is, or has been, a judge of the supreme court of india or chief justice of a high court:qualifications for appointment of chairperson, judicial member and expert memberprovided that a person who is or has been a judge of the high court shall also be qualified to be appointed as a judicial member———— a billto amend the national green tribunal act, 2010————(shri ravneet singh bittu, mp)gmgipmrnd—5329ls(s3)—19042016

Parliament_bills

f506ea92-42d3-5b20-8b7b-15b69e7ad53b

bill no 33 of u87 _ the appropriation (railways) no3 bill, 1987a bill -" to provide for the authorisation of appropriation of moneys out of the consoilidated fund of india to meet the amounts spent on certain settlices for the purposes of railways during the financial year ended on the 31st day of march, 1985- in excess of the amounts granted for those services and for that year be it enacted by parliament in the thirty-eighth year of the republic of india as follows:-short title 1 this act may be called the appropriation (railways) no ~~ act, 1987 5 2 from and out of the consolidated fund of india, the sums specified in column 3 of the schedule amounting in the aggregate to the sum of six crores, twenty-seven lakhs, thirty-three thousand and seven h\a1dred and fifty-eigth rupees shall be deemed to have been authorised to be paid and applied to meet the amounts spent for defraying the charges in o l'espect of the services relating to railways specified in column 2 of·the schedule during the financial year ended on the 31st day of march, 1985, in excess of the amounts granted for those services and for that year issue of rs 6,2733756 out of the consolidated fund of india to meet certain expenditure for the year cnded on the 31&t day of march ln1 appropriation 3 1lhe sums deemed to have been authorised to be paid and applied trom and out of the consolidated fund of india tmder this act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 1985 !> no i 4>f -services and purposes vott s~ not emcaeding --y,-ot-ed-by--: cbarpcf oil the ',-----parliameilt con tota, 1 pudd i i -i-------an-~ li--r-s'--i'--r-s' --i - '--rs-----' it) 13 provident fund, pension other retirement benefits 6,27,33,758 i 1_:',~7'33~~ --6-2-7-33-,7-58-'-----1 6,27,33,758 ----------------- statement of objects and reasonstms bill is introduced in pursuance of article 114(1) of the constitutit"ln of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the grants made by the lok sabha fm' expenditure of the central government on railways for' the financial year ended on the '31st day of march 1985 madhavrao scindia prestdent's recommendation under article 117 of tile constitution of india[copy of letter no 67-b-403, dated the 6th march, 1967 from shri madhavrao scindia, minister of state for railways to the secretary-general lok sabha] the president, having been informed of the subject matter of the proposed appropriation (railways) no '3 bill providing for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the grants made by the lok sabha for 1984-85, recommends under clause (1) and (3) of article 117 of constitution, the introduction in and consideration by lok sabha of the appropriation bill a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services for the purposes of railways during the financial year ended on tht' 31st day of march, 1985 in excess of the amounts granted for those services and for that year (shri madhavrao scindia minist!er of state for railway,)

Parliament_bills

312ca20c-5228-57f5-8492-266c934ef056

bill no 34 of 2010 the constitution (amendment) bill, 2010 by dr sanjeev ganesh naik, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2010 2 after article 16 of the constitution, the following article shall be inserted, namely:—insertion ofnew article16aright to employment"16a every citizen, who has attained the age of eighteen years, shall have the right to employment:provided that any such citizen, who is not provided with employment, shall be entitled to unemployment allowance at such rate as parliament may, by law, determine" statement of objects and reasonseven after sixty-three years of independence, twenty-seven per cent of india's population is living below poverty line and a large section of people die of starvation every year although poverty has been checked to a large extent, yet a large section of our society is unemployed and they have no source of income in the absence of adequate employment opportunities, youth take to other courses to sustain themselves by joining extremist, terrorist and criminal activities and also indulge in other anti-social activities such as kidnapping, robbery, hijacking, etc, which is not good for unity and integrity of the nation therefore, time has come to amend the constitution to make right to employment a fundamental right, so that the young generation do not indulge in anti-national activities besides, making right to employment a fundamental right of the citizens, the bill also provides for payment of unemployment allowance to all unemployed citizens till they are provided with employment this will help young generation financially, discourage them from indulging in anti-national activities and on the other hand will engage them in nation building activitieshence this billnew delhi;sanjeev ganesh naikfebruary 12, 2010 financial memorandumclause 2 of the bill provides for making right to employment a fundamental right of the citizens it further provides that every such citizen who is not provided with employment shall be entitled to unemployment allowance at such rate as parliament may, by law, determine the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees twenty thousand crore is likely to be involved initiallya non-recurring expenditure of about rupees five thousand crore is also likely to be involved———— a billfurther to amend the constitution of india————(dr sanjeev ganesh naik, mp)gmgipmrnd—1101ls(s5)—12-03-2010

Parliament_bills

d452cc56-4744-5b1a-b005-6f922906deaa