1976 Amendment Acts

Short Title Page No. of Act

The Income-tax (Amendment) Act, 1976, . The Burmah Shell ( Acquisition of Undertakings in India) Act:

1976 - t t

The Unit Trust of India (Amendnlent) A d , 1976. I . The Delhi Development ( ~ m e n d m e n t ) Act, 1976. , T h e Appropriation Act, 1976 , t . ?

T h e Appropriation (Railways) Act, 1976 , q I . T h e Appropriation ( No. 2) Act, 1976 . , . T h e Voluntary Disclosure sf Income and Wealth Act, 1976 .

T h e Indian Railways (Amendment) Act, 1976. . T h e Election Laws (Extension to Sikkim) Act, 1976 . T h e Sales Promotion Employees (Conditions of Service) Act,

1976 .

T h e I~nports and Exports (Control) Amendment Act, 1976. . 'I'he S~nugglers and Foreign Exchange A4anipulators (Forfei-

ture of Property) Act, 1976. . The Maintenance of Internal Security (Amendment) Act, .

1976. ..

The Delhi Land Holdings (Ceiling') Amendment Act, 1975. . 16 'l'he Nagaland Appropriation Act, 1976 . 82

17 The Pondicherry Appropriation Act, 1976 . 8 5

18 The llelhi Rent Control (Amendment) Act, 1976. 8 8 I9 l'he Bonded Labour Systelll ( Abolition ) Act, I 976. . 95 20 , 'I'he Conservation of Foreign I

i i

--- 1 No. of Short Title t Act i

24 The Press Council (Repeal) Act, 1976 . 25 The Equal Remuneration Act, 1976

26 The Motor Vehicles (Amendment) Act, 1976 . 27 The Prevention of Publication of Objectionable Matter Act,

1976 .

The Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976 .

The Payment of Wages (Amendment) Act, 1976 . The House of the People ( Extension of Duration ) Act, 1976 The Levy Sugar Price Equalisation Fund Act, 1976 .

The Industrial Disputes (~mend*ent) Act, 1976 The ~ r b a ; Land (Ceiling and Regulation) Act, 1976 The Prevention of Food ~dulterat ion ( Amendment) Act, 1976 'The High Court Judges (Conditions of Service) Amendment

Act, 1976 - . I . , . . I ,.

The Supreme Court Judges (Conditions of Service) Amendment Act, 1976 .

The Indian Lighthouse (Amendment) Act, 1976 . ' , . .

J t

The Appropriation (No. 3) Act, 1976 . The Pondicherry Appropriation ( No. 2) Act, 1976 . The Nagaland Appropriation (No. 2) Act, 1976 . The Tamil Nadu State Legislature (Delegatio~: of Powers)

Act, 1976 .

The Warehousing Corporations (Amendinent) Act, 1 9 ~ 6 . 43 The Appropriation (Vote on Account) Act, 1976 .

44 The Gujarat State Lrgislature (Delegation of Powers) Act, 1976 .

45 'The Contcmpt of (:ourts (Amendment) Act, 1976

46 'The Icerala 1,cgislature Assembly (I~xtension of 1l)uration) Amendtnent Act, I 976

47 ' 'he A~)projxi:?tion (liai!ways) No. 2 Act, 1976 . .Y

Page

iii

No. of Act

Short Title

50 The Tamil Nadu Appropriation Act, 1976 .

51 The Tamil Nadu Appropriation (No. 2) Act, 1976 52 The Gujarat Appropriation Act, 1976 53 The Maternity Benefit (Amendment) Act, 1976 5.4 Thy Indian S t s n l a r d ~ Iilstitutioll (CertiGcaliun hvarku) 11111-

endnlent Act, 1976

$ 5 The lron Ore Mines and Manganese Ore Mines Labour Wel- fare Cess Act, 1976

56 The Beedi Workers Welfare Cess Act, 1976 .

57 The High Court at Patna (Establishment of a Permanent Bench at Ranchi) Act, 1976

53 The Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Amendment Act,, 1976

59 The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976 .

60 The Standards of Weights and Measures Act, 1976

61 The Iron Ore Mines and Manganese Ore Mines Labour Wel- fare Fund Act, 1976 3 90

62 The Beedi Workers Welfare Fund Act, 1976 . 397

63 The Betwa River Board Act, 1976, 403

64 The Appropriation (No. 4) Act, 1976 41 I 65 The Workmen's Compensation (Amendment) Act, 1976 . 419 66 The Finance Act, 1976 42 I

67 The Coal A4ines (Nationalisation) Amendment Act, ~ 9 7 6 . 48s 68 The Msrriage Lsws (Amendment) Act, ~ 9 7 6 . 487 69 The Merchant Shipping (Amendment) Act, 1976 503 70 The Phnrmncy Act, 1976 512

71 The 'TariB' Con~inission (liepeal) Act, 1976 . 72 Thc Life Ins~~rancc Corporation (hllodification of Settlements)

Act, 1976

73 Tllc Bn:ll,inji and I'i~blic I~inancial Institutions Laws (Alnend- mcnt) Act, 1376

No. of Act

Short Title Page

+-

75 The Tea (Amendment) Act, 1976 529 76 The National Library of India Act, 1976 537

77 T h e Disturbed Areas (Special Courts) Act, 1976 . 553 78 T h e Mlin tenan~e of Internal Security (Second Amendment)

Act, 1976 . 558

79 The President's Pension (Amendment) Act, 1976 559 80 The Territorial Waters, Continental Shelf, Exclusive Economic

Zone and other Maritime Zones Act, 1976 . 561

81 The Contingency Fund of India (~ 'mendment) Act, 1976 . 570 82 T h e Antiquities and Art Treasures (Amendment) Act, 1976 57T 83 The Appropriation (No. 5 ) Act, 1976 57-1 $84 The Tamil Nadu Appropriation (No. 3) Act, 1976 57 J 85 T h e Pondicherry Appropriation (No. 3) Act, 1976 578 86 T h e Government of Union ~ e r r i t o r i e s (Amendment) Act,

1976 580

87 T h e Delhi Agricultural Produce Marketing (Regulation) Act, I976 5 83

88 T h e Representation of the People (Amendment) Act, 1976 . 625 89 T h e Indian Iron and Steel Company (Acquisition of Shares)

Act, 1976 . 63 1

90 The Collservation of Foreign Exchange and Prevention of Smuggling Activities (Second Amendment) Act, 1976 . 63 8

91 'The Delhi Sales Tax (Amendment and Validation) Act, I976 . . . 639

92 'The Essential Colnmodities (Amendment) Act, 1976 64 1 93 'Thc Dhoties (Additional Excise Duty) Repeal Act, 1976 . 64G 94 T h e Factories (Amendment) Act, 1976 647 95 T h e Appropriation (No. 6) Act, 1976 662 96 The_Uraithwaite and C:ompany (India) Limitcd (Acquisition

.# 5fid Transfer of Undertakings) Act, 1976 . 664 ;/?\

aarsu*, + *ria.-+ '* X. +

97 'l'he Burn Compan)~ and Indian Standard \';Jagon Company (Nationalisation) Act, 7976 680 gB '!'he ,. I,:,xmiratt~:? - :~:?c! .qtl~e!.ton \\!?st Cotton Atills (Taking Over

No. of Act

Short Title Page

roo Tlle Metal. Corporations (Nationalisat,ion: and 3Mis,~el~4.me~u.% r ,.! : :, : ,; Provisions) Act, 1976 A ,,: I < : . ; 720 .

: ,.:

tor The Fifth Schedule to the Constitution (Amendment) Act, I976 733

102 TheICerala Legislative Assembly (Extension of Duration) Second Amendinent Act, 1976 . 734

103 'The Central Sales Tax (Amendment) Act, 1976 . 735 104 'The Code of Civil Procedure (Amendment) Act, 1976 . 741 105 The Salaries and Allowances of Members of Parliament

(Amendment) Act, 1976 . 832 106 'The Untouchability (Offences) Amendment and Mis-

cellaneous Provision Act, 1976 . 836

107 The Advocates (Amendment) Act, 1976 845 108 T h e Scheduled Castes and Scheduled Tribes Orders (Amend-

ment) Act, 1976 848 log T h e House of the People (Extension of Duration) Amendment

Act, 1976 874

I f o The Appropriation (Railways) No. 4 Act, 1976 875 ' 111 T h e Appropriation (Railways) No. 5 Act, 1976 877

112 T h e Appropriation (No. 7) Act, 1976 879 113 The Gujarat Appropriation (No. 2) Act, 1976 881 114 T h e Pondicherry Appropriation (No. 4) Act, 1976 885 115 The Electricity (Supply) Amendment Act, 1976 . 887

t

The Constitution (Fortieth Amendment) Act, 1967 903 T h e Constitution (Forty-first Amendment) Act, 1976 908 T h e Constitution (Forty-second Ameqdxent) Act, 1976 909

Year of No. of Short title of Act Act Act

How affected No. .. hd Sectian of 1976 Act by which affected

1890 9 Indian Railways Act, 1890 . . S. 56B, 56C, 56D and 9, s. 2. s. 56E inserted (w.e.f. 25-9-1975)

I899 2 Indian Stamp Act, 1899 . . . Schedule (w.e.f. 1-6-1976) I amended 66, s. 40.

r go8 5 Code of civil ~iocedure, I go8 SS. I, 2, 8, 9, II, 20, 21, 104, SS. 2, 3, 4, 5, 24~35AJ 37,39,@, 47, 6, 7, 8, 10, 14, 1 7 , 51, 58, 60, 63, 66, 75, 18, 19, 20, 21, 805 82, 86, 91, 92, 95, 22, 23, 24, 25, 26, 96, 98, 99, 102, 104, 27, 28, 29, 30, 31, 105, 115, 123, 135A, 32, 33, 34, 35, 39, 139, 141, 144, 145. 419 42, 43, 44, 45,

46, 47, 48, 491 52, Orders I, 11, 111, V, VI, 53, 54, 55, 56, 57,

1 1 I , 1 X, I 58, 59, 60, 61, 62, XII, XIII, XIV, XV, 63, 64,65, 66, 68, XVI, XVII, XVIII, 69, 70, 72, 73, 74, XX, XXI, XXII, 75, 76, 77, 78, 79, XXIII, XXVI, 81, 82, 83, 84, 85, XXVII, XXVIIA, 86, 87,88, 89, 90, xxx, XXxII, 91, 92, 93, 94, 95, XXXIII, XXXIV, 96. XXXVI, XXXVII, XXXVIII, XXXIX, XLI, XLII, XLIII, XLIV, XLV, XLVII, Appendix A, H, B and H of first Schedule amended (w.e.f. 1-2- 1977)

SS. 21A, 35B, ggA, IOOA, Zbid., ss. g, 15, 36, 153A, IS~B, First 38, 51, 67, 71, 80. $A;ji;le. - Orders

XXA, XXXIIA inserted (w.e.f. 1-2-1977)

Ss..a~, 36, 100, 103 subs- Ibid., ss. 11, 16, 37, tltuted (w.e.f. 40.

S. 28 amended (w.e.f. Zbid., s. 12. 1-5-1977)

S. 34 arnended (1v.e.f. Ibid., s. 13. date l o be notijied)

S. 148A inserted (\\?.c.f. Ibid., s. 50. 1-5-1977) ,

1923 8 Workmen's Compensatioll Act, 1923 . S. 2 arnerldcd ( c . . 65, s. 2 . 1-10-1975) S. 36 a~lle~ldea (w.e.S, Ibid., s. 3.

21-5-1976)

17 Indian Lighthouse Act, 1927 .

2 Reserve Bank of India Act, 1934

32 . Indian Tarif? Act, 1934 .

4 Payment of Wages Act, 1936 .

4 Motor Vehicles Act, 1939 .

I Central Excises and Salt Act, 1944

I4 Industrial Disputes Act, 1947 .

I947 18 Imports and Exports (Control) Act, I947 : ,

1948 8 Phar~nacy Act, 1948 ,

. SS. I, 2, 10, 12, 21 amen- 37, ss. 2, 4, 5, 6 ded (157,e.f. 15 4-1976) and 9.

The words "Customs Ibid., s. 3. Collector" substituted by the wbrds "proper officer" wherever occurred in the Act (w.e.f. 15-4-1976)

S. I ~ A inserted (w.e.f. Ibid., s. 7. 15-4-1976)

S. 20A omitted (w.e.f. Ibid., s. 8. 1 -4-1976)

. Ss. ~ , 4 5 H , 46A and 46B 21, s. 33. amended (w.e.f. 26-9-1975)

. First Schedule amended 66, s. 31 and Second (w.e.f. 1-4-1976) Schcdule.

. Ss. I, 6 and 7 amended 29, ss. 2, 3 and 4. (w.e.f. 12-11-1975)

. Ss. 63 and 133 amended 26, ss. 2 and 3. (w.r.f. 26-9-1 975)

. First Schedule amended 66, s. 35 and Fourth -

Schedule.

. S. 2 amended (w.e.f. 21, s. 33. 26-9-1975)

Ss. zsA, 33C and 38 32, ss. 2, 4 and 5. amended (w.e.f. 5-3-1976)

C1.apter VB (ss. 251

f 948 54 Electricity (Supply) Act, 1948 . S ~ S . T, 2, 3, 4, ~6, 2.1, 27. 115, SS. 2, 3, 4, st 9, 30, 34, 39, 41, 42, 43, 13, 15, 18, 20, 22, 4, 72, 73, 74j.75, 23, 24, 25, 26, 27, Fifth Schedule, S~xth 28, 29, 30, 32 and Schedule amended 33. (w.e.f. 8-10-1976)

Ss. qA, 413, 4C, I ~ A , Ibid., ss. 6 , 8, 14 26A, 75A lnserted aud 31. (w.e.f. 8-10-1976) -

Headings in Chapters 111, Ibid., ss. 7, 10, 11, IV, V, ss. 18, 20.4, 29, 12, 16, 17 and 19. 31, 32, 33 substituted (w.e.f. 8-10-1976)

S. 38 omitted (w.e.f. Ibid., s. 21. 8-10-1976)

i948 63 Factories Act, 1948 . . . Ss.2,5,6,7,8,10,11,12, 94,ss.zto15,17,18 21, 22, 24, 31, 32, 36, to 37, 40 to 43 and 38, 39, 40, 41, 45, 46, 45. 48, 56, 59, 62, 647 '55, 66, 73, 78, 79, 80, 84, 86, 87, 88,92+ 94, 100, 106 and Schedule amended (w.e.f. 26-10-1976)

Ss. 36A, 4oA, 40B, 88A, Ibid., ss. 16, 19, 38, 91.4 and 119 inserted 39 and 44. (w.e.f. 26-10-1976)

I Indian Tariff (Amendment) Act, 1949 Ss. 4 and 5 amended 66, s. 33. 10 Banking Regulation Act, 1949 . . Ss. 24, 34.4, 36AD and 21, s. 33.

51 amended (w.e.f. 26-9-1975)

46 Ranking Companies (Legal Practitioners' S. 2 amended (w.e.f. 21, s. 33. Clients' Accounts) Act, 1949 26-9-1975)

43 Representation of the People Act, 1950 Ss. 4, 7, 8, g and 28 88, ss. 2, 3, 4, 5 and 3 amended 6. r:

."

Ss. 7A and 25.4 inserted 10, s. 2 and Schedule. (w.e.f. 9-9-1975) 9;

First Schedule amended IbSd., s. z and (w.e.f. 9-9-1975) Schedule.

First Schedule and 88, s. 7. Second Schedule substituted

19.50 49 Contingency Fund of India Act, 1950 S. 2 amended 81, s. 2.

I951 30 President's Pension Act, 1951 . . Ss. 2 and 5 amended 79, ss. 2 and 4. S. 3 substituted Ibid., s. 3.

1951 13 Rcpresei~tation of the People Act, 1951 Ss. 4, 33, 34 and 35 10, S. 2 and Scl~edule' amended (w.e.f. 9-9-1975)

Ss. gA, I ~ A and r4A Ibid., s. 2 and Schedule. inserted (w.e.f. 3-9-1975)

S. 8 amended ('iv.c,f. 106, s. 2 ~ . 19-1r.-1976)

r 9 5 l 50 Tariff Commission Act, 1951 . . Kepealcd (w.e.f: 71, s. 3. T-8-1~176) ---

. . .

I952 19 Employees' Provident Funds and Long title, 8s. I, 2, 5A., 99, ss. 16 to 20,22 Family Pension Fund Act, 1952 5D, 5E, 7, 7A, 8, 8A.3 to 29, 32, 33, 34,

10 to 13, 14B, I ~ C , 36 and.37. I7 to 19 amended (w.e.f. 1-8-1976)

Ss. 6C, I ~ M , Sch. IV Ibid., ss. 21, 35 and inserted (w.e.f. 1-8-1976) 38. ".

Ss. I ~ , I ~ A , 1 4 m I ~ A C , Ibid., ss .30and 31. 17B amended (w.e.f. 7-9-1976)

1952 36 Indian Standards Institution (Cer- Ss. 20 and 21 ameMed 54, ss. 2 and 3. tification Marks) Act, 1952

S. ,22 inserted Ibid., s. 4.

1953 29 Tea Act, 1953 Chapter IIIA (ss. 16A 75, S. 2: to 16N) inserted

1953 39 Dhoties (Additional Excise Duty) Act, Repealed 93, s. 2. I953

1954 29 High Court Judges (Conditions of Ss.15, I ~ A , 24 and First 35, ss. 2, 3, 6 and 7. Service) Act, 1954 Schedule amended

(w.e.f. 1-10-1974) SS. 22A, 22B, 22C and Ibid., ss. 4 and 5. 7

23D inserted (w.e.f. 1-10-1974)

1954 30 Salaries and Allowances of Membcrs Long title, ss. I, 2, 5 and 105, Ss. 2, 3, 4 and 8 . of Parliament Act, 1954 9 amended

Ss. 6 C and 8Ainserted Ibid., SS. 6 and 7.

1954 37 Prevention of Food Adulteration Act,. Ss. 2, 3, 4 ,7,8, 10, 11, 13, 3 4 , s . 2, 3, 5 to 12, I954 14, 16, 18, 20, 2oA, 23 15 to 17, 21 and 22.

and 24 amended (w.e.f. 1-4-1976).

Ss.3A, IGA, 20.4.4 and Ibid., ss. 4, 13, 18 22A inserted (w.e.f. and 20. 1-4-1976)

Ss.17 and 21 substituted Ibid., ss. 14 and 19. (w.e.E 1-4-1976)

I 954 43 SpecialMarriageAct, 1954 Ss. 2, 4, 22, 23, 26, 27 68, ss. 20, 21, 23, to 31, 34 and 37 24.25, 27, 29, 30, amended 31, 32,34 and 36. SS. 21A, 27A, 40A, 40B Ibid.,,ss. 22, 28 and

and 40C inserted. 38.

Ss. 26,. 33, 35 and 39 Ibid., ss. 26, 33, 35 subst~tuted and 37.

1955 10 Essential Comnlodities Act, 1955

1955 IG Medicinal and 'I'oilc: Preparation (ExciseDuties) Act, 1955

Ss. 2 , 3 , 6A ,6B and6C 9 2 , s ~ . 2, 3, 4, 5 1 pmended and 6.

Ss. 6E and I ~ A inserted Ibid., S S . 7 and 8.

Thc words "opium Indian 66, s. 39. hemp or other narcotic tirug or narcotic" whercvcr they occur in thc Act, substituted by tile \vords ' ' I I ~ ~ c o - tic drug or narcotic" S. z 2nd Schedt~leamcnd- I t i d . , s. 39 n d ed Sixth Schedule.

19ss 22 U ~ ~ t o u c I ~ ~ l ~ . I i t ~ ~ ( O f l ~ n c ~ s ) Act, I Q < S J m p titlf. S< J, 7, ?, Tc6, ss. 2, 3, 4, 5, 6, > , C, ,, , _. , > ,,s,,!J, I l > l ~ > 14

--

T , ~ , 7 : < - ! T& ' L L L a- I.

I955 22 The Untouchability (Offiences) Act, Ss. 7A, IOA, I ~ A , 16A, 106 ss. 10, 13, 1955-Contd. and 16B inserted 16 and 18. (w.e,f. 19-11-1976) s.15 substituted (w.e.f. Ibid. ,~. 17.

19-1 1-1976) 23 State Bank of India Act, 1955. SS. 19, 20, 23, 24, 25, 73, s. 4.

27, 28 a r ~ d 29 amended

25 Hindu Marriage Act, 1955. Ss. 5, 9, 10, 11, 12, 13, 68, ss. 2, 3, 4, 5, 6, 14, 15, 20, 23 and 25 7, 9, 10, 13, 16 amended and 18.

Ss. I ~ A , 13B, ZIA, ZIB, I b i d . , ~ ~ . 8, 14 and ZIC and 23A inserted 17

Ss.16, 19, 22 and 28 Ibid., ss. 11, 12, substituted 15 and 19.

1 956 a$ Parlianlentary Proceedings (Protec- Repealed (w.e.f. 28,s.~. tion of Publication j Act, 1956. 8-12-1975)

1956 31 Life Insurance Corporation Act, 1956 . S. 43A inserted (w.e.f. 66, s. 41. 1-6-1976)

1956 69 Standards of Weights and Measures Act, Repealed (w.e.f. 60, s. 85. 1956 date 20 be notified)

I956 74 Central Sales Tax Act, 1956 . , Ss. 2, 5, 6, 7, 9, I4 and 103, ss. 2 to 8. I 5 amended

I957 a7 Wealth-tax Act, 1957 . Ss. 3, 5 (partly), 21, 7 66, s. 27. ~ I A and Schedule 1 amended (w.e.f. ! 1-4-1977)

S. 5 ( partly) amended (w.e.f. 1-4-1975) 1

I

S. 5 (partly) and s. 7 amended (w.e.f. J 1-4-1976)

S. 5 amended (w.e.f. 9 9 ~ s. 39. 1-8-1976)

1957 58 Additional Duties of Excise (Goods of First Schedule amended 66, s 37 and Fifth Special Importance) Act, 1957 . , Schedule.

I957 61 Delhi Development Act, 1957 . . Ss. 56 and 57 amended 4, ss. 2 and 3.

1 h S. 58 subs t~ uted Ibid., s. 4.

1958 I8 Gift- tax Act, 1958 . . . S, 5 amended (w.e.f. 66, s. 28. 1-4-1977)

1958 41 Supreme Court Judges (Conditions of Ss, 14, 24 and Schedule 36, ss. 2, 3, 5 and 6. Service) Act, 1958 amendeg (w.e.f.

1-10-1974). Ss. 164, 23A, 23B and Ibid., ss. 3 and 4.

23C inserted (w.c.f. 1-10-1974)

rgsF 44 Alelcliarit Shipping Act, 1958 . . Througl~ont Tpe Act the 69, S. 2. words unbei thed passenger ships", "an u ~ ~ b c l thed passeilger sh~p", "unbertl~ed pa5senpei sllip" ,"IIII- bertl~cd p : ~ ~ s e n g c l \ ' ' ; r : ~ ~ ~ unbcrthed ~~asscngel" arid "unbc~thed pass- engc~", s~ihst~tutcd, ~ C S ] J C L T I \ tly, by thc

-

s. L - L > "&,Lcl[ll ~ I D < L L

44 The Marchant Shipping Act 1953- passenger ship", Contd. "special trade passen-

ger.;" , "a special trade passenger" and "special trade passenger".

ss. 3, 240, 242, 244, 255, 62, SS. 3, 4, 6, 7, 9, 256, 257, 258, 259, 10, 11, 12, 13, IS, ! 279, 280, 282, 284, 19, 20, 21, 22, 23, 299, 304, 307, 436 24, 25 and 26. and 458 amended(1v.e.f . . . . . . . . . . . . . 1

Ss. 241 and 264 substituted Ibid., ss. 5 and 16. (w.e.f. . . . . . . . . . . . . 1

Heading below Ibid., ss. 8, 15 and 17 s. 254, Heading above s. 263 and s. 263, ss. 265 to 269 and s. 278 omitted (w.e.f.. . . . . . . . . . . . 1

Ss. 261A, 261B and Ibid. , s. 14. 261C inserted (w.e.f.. . . . . . . . . . . . . .).

. . 1958 59 Delhi Rent Control Act, 1958. S. 2 amended retrospe- 18. s. z. c~ively

S. I ~ A , Chapter IIIA Ibid., 5s;. 5, 6 and 7. (ss. z 5 A to 25C) and T h ~ r d Schedule inserted) (w.e.f. 1-12-1975)

24 Delhi Land Holdings (.Ceiling) Act, 1960

SS. 1, 2, 4, 6, 10, 119.16, 15 SSP 2, 3, 5, 6, 8; 9, 23 and 27 om~tted 10, 11 and 13, (w.e.f. 8-12-1975)

Ss. 3 and 7 substituted Ibid., ss. 4 and 7, (w.e.f. 8-12-1975)

' , S. zh rrpealed w.e.f. Ibid., s. 12. 8-12-1975)

1961 25 Advocates Act, 1961 . . SS. 2, 3, 4, IS and 21 107, ss. 2 to 6, amended (w.e.f.. . . . . . . . . . . . . .).

S. 31 repealed (w.e.f. Ibid., ss. 7. 1-1-1977)

Ss. 34 and 55 amended Ihid., ss. 8 and 10. (1V.e.f. 1-1-1977).

S. 46 substituted Ibid., s. 9. (w.e.f.. . . . . . . . . . . . . .)

43 Income-tax Act, 1961 . Ss. 2, 9, ro (~artly) 66, ss. 3, 4, 5, 13, 14 57, 58 and 195 and 22. arncnded (1v.e.f. 1-6-1976).

Ss. 10 (partlv) 32, (partly), Ihid, ss. 5, 7, 9, 17 37 (paltly), 45, 80G 21, 24, 25, and 26 (paltly), 1 4 ~ 4 , 143, 155 and 160, anti Eighth Schedule and Ninth Schcdulc J ~ ~ I C I ~ J C ~ (M .c.S. 1-4- 1976)

1961 43 The Income-tax Act, 1961-Contd. Ss. 13, 32 (partly), 37 66, SS. 6, 7, 9, 11, 15, (partly), 47, 8oA, 16, 17, 18, 19 and 80C, 80G (partly), 23. %OM, 115 and First Schedule amended (w.e.f. 1-4-1977).

S. 32A inserted (w.e.f. Ibid., s. 8. 1-4-1976)

S . 36 amended (w.e.f. 23, S. 29. 25-9-1975).

Ss. 44C, 44DJ I I ~ A and 66, ss. ~ o a n d 20. I I ~ B , inserted (w.e.f. 1-6-1976).

S. 54C repealed Ibid., s. 12. (w.e.f. 1-4-1976).

~ 9 6 1 47 Deposit Insyrance Corporation Act, Ss. 2,13 and 14 amended 21, s. 33. 1961. (w.e.f. 26-9-1975).

S. IIA inserted (w.e.f. 26-g-1g75).

1967 $3 Mater~ity Benefit Act, 1961. . . S. 2 amended (\v.e.f. 53, 8. 2. 1-5-1976).

S . 523 inserted (w.e.f. Ibid., s. 3. i-5-;976).

:961 g8 Iron Ore Mines Labour Welfare Cess Repealed (w.e.f. 55, S. 13. Act, 1961 date to he notified)

1962 58 WarehousingCorporations Act, 1962 SS. 2, 4, 16, 17, 19, 27, 42, ss. 3 to 8 and 10. 28 and 41 amended.

S. 31A inserted. Ibid., s. g.

1963 20 Government of Union Territories Act, S. 31 amended (w.e.f. 86,s.2. 1963. dace to be r~otified).

S. 43D insreted W.e.f. Ibid., s.3. date to be notified).

1963 26 Limitation Act, 1963. Schedule amended 104, s. 98. (w.e.f. 1-2-1977),

1963 52 Unit T r u s ~ of India Act, 1963. S. 32 amended (w.e,f. 3, s. 2. 31-10-1975).

S. 32 amended (w.e.f. 66, s. 42. 1-4-1977).

I 964 7 Corxlpanies (I'rofits) Surtax Act, 1gG4 . S . 2, Pirst Schedle 66, s. 29. amended (w.e.f. 1-4-1977).

, Second Sciledule (partly) Ibid.; s. 29. ~ m c n d e d (w.e.f.

1-4-1975) 3r.d (partly) (\v.e.f. 1-4-1977).

1964 18 Indu%tlia\ D-\~el~)pment Bankof Incli;. S. 6 anler~ded. 73,s. 5 . Act; 7964.

a965 21 IJaylllcnt of D:>nus Act, 1965 ' Long .title, ss. 4, 10, I 3, 2 3 , SS. 2, $,7, 10, I I , 1,5, 34 xnd 1'0~1ctl1 22 snd 28. . . . . . . . . . . . . .

C chcdu!e ~ 1 1 h . - ............... ~ A . . ...............

......................_.................... r l , ' I l r r , ,,;I; * . < ~ '! ~?:l.t,f+ 2%-n- 1975).

..... -. ... .. ..............

\ - -.

' 9 5 5 21 Paym?n o f Bonus Act, 1965-Contd. Ss. I, 2, 6, 12, 16, 19, 23 ss. 3, 4, 6, 9 20, 21, 23, 27, 32, 38, 12 to 16, 18, 20

Sec .nd Schedule and 24,26 and 27. Third Schedule amended (w.e.f. 25-9-1975).

Ss. . 11, 24,33, 37 2nd Ibid.,ss. 8, 17, 21, Ftrst Schedule repe- 23 and 25. ated (w.e.f. 25-9-1975).

S. 31A inserted I b i d . , s . ~ g . (\v.e.f. 25-9-1975).

1965 34 Press Council Act, 1965 . Repealed (\v.e.f. 24, s. 3. 1-1-1976).

1966 36 Metal Corporation of India (Acquisi- Repealed (w.e.f. 100, S. 4. tion of Undertaking ) Act, 1966 22-10-1965).

1969 35 Criminal and Election Laws Amend- Ss. 6 , 7 and 8 repealed 27, s. 40. ment Act, 1969. (w.e.f. 8-12-1975),

1971 . 26 Maintenance of Internal Security Act, Ss. 3 and 18 amended 14, ss. 2 and 5 . I971 (w.e.f. 25-6-1975).

Ss. I4 and 16A amended Ibid., ss. 3 and 4. (\v.v.e.f. 29-6-1975).

S. 16A amended (w.e.f. 78, s. 2. 16-6-1976).

56 Comptroller and Auditor General's Ss. 10, 11 and 22 58, ss. 2,3 and 4. (Du ies, Powers and Conditicns of amended (w.e.f. I-3- Service) Act, 1971. 1976).

70 Contempt of Courts Act, 1971 S. 15 amended. 45,s. 2.

52 Antiquities and Art Treasures Act, 1972 SS. 5, 16 and 18 amended' 82, ss. 2, 3 and 4. (w.e.f. 4-6-1976).

26 C3al Mines (Nationalisation) Act, 1973 S. IA inserted (w.e.f. 67, s. 2. 29-4-1976).

S. 3 amended (w.e.f. Ibid., S. 3. 29-4-1976).

S. 30 amended (w.e.f. Ibid., s. 4. 27-5-1976).

I973 57 Burn Company' and Indian Stan- i:rd Repealed (w.e.f. 97, S- 34. Wagon Company (T;.king Over E 1-4-1975). Management) Act, 1973.

I974 52 Conservation of Foreign Exchange and S. IZA amended (w.e.f. go, S. 2. Prevenri n of Smuggling Activities 16-6-1976). Act, I974

I974 37 Additional Emoluments (Compulsory Ss. 6, and g amended. 74, S. 2. Deposit) Act, 1974.

I974 38 Compubory Deposit Scheme (Income- Ss. 3, 4 and Schedule 66, S. 43. tax Payers) Act, 1974 amended (\v.e.f.

1-4-1976). 19'74 45 Interest-tax Act, 1974 S. 2 amended (\v.e.f. 66, s. 30.

1-4-1977). 1974 52 Cgnservation of Foreign Exchange and Ss. g and 12 amended. 20, SS. 2 and 4.

Preverition of Smuggling Activities (w.e.f. 12-12-1975). Act, 1974.

S. l o amended (trmpn- Ibid., s. 3. rarily). (~5r.e.f. 12-12-1975).

33 Kerala T,reislative Asser~tbly (Extension S. 2 amended. 46, s. 2. of Dwaticn ) Act, 1975. S. 2 amended. 102, s. 2.

i975 51 Customs Tariff Act, 1975 a First and Second Sche- 66, s. 34 and Third dule samc nded. Scq edc-le.

I976 21 Regional Rural Banks Act, 1976 * S. 11 amended. 73,s. 6 .

30 Ilouseof the People (Extension of S. z amended. 109, s. 2. Duration) Act, 1976

PART I1 -CENTRAL ORDINANCES REPEALED

-- -- -- ---- 7-

1975 8 Income-tax (Amendment) Ordinance, Repealed 1975.

1975 9 Election Laws (Extension to Sikkim) Repealed (w.e.f. Ordinance, 1975. 9-9-1975).

I975 ro Indian Railways (Amendment) Ordinance, Repealed (w.e.f. 9, S. 3. 1975. 25-9-1975),

1975 11- Payrnent of Bonus (Amendment) Ordi- Repealed (w.e.f. 23, s. 31. nance, 197s. 25-9-1975).

I I975 12 Equal Remuneration Ordinance, 1975 Rcpealed (w.e.f. 8-3-1976). I975 13 ~ e ~ i d n a t Rural Banks Ordinance, 1975 Repealed (w.e.f.

26-9-1975). I975 14 Motor Vehicles (Amendment) Ordi- Repealed (w.e.f. 26, s. 4.

nance, 1975. 25-9-1975). I975 15 Voluntary Disclosure of Income and Repealed (w.e.f. 8, s. 22.

Wealth Ordinance, 1975. 8-10-1975). I975 16 Maintenance of Internal Security Repealed (w.e.f. 14, 5. 7. (Third Amendment) Ordinance, 1975. 25-6-1975). I975 17 Bonded Labour System (Abolition) Repealed (w.e.f. 19, S. 27.

Ordinance, 1975. 25-10-197s). I975 18 Unit Trust of Jndia (Amendment) Repealed 3, S. 3. Ordinance, 1975. I975 19 Imports and,Rxports ( Control) Amend- Repealed (1v.e.f. 12, s. 7.

merit Ordinance, 1975. 4-11-1975). I975 20 Smugglers and Forcign Exchange Repealed (w.e.f. 13, S. 27. Manipulators (Fo~feiture of Pro- 5-11-1975).

perty) ,Ordinance, 1975.

I975 21 Payment of \Vagrs (Amendment) Ordi- Repealed (w.e.f. 29, S. 5. nance, 1975. 12-11-1975),

I975 22 Maintel~ance of I~lter~lal Security Repealed (n7.e.f. 14, S. 7, (170~1rth A~ncndment) Ordinaqce, 25-6-1975). 1975.

I975 23 Volunta~ y Ilisclosu~e of Income Repealed (1v.e.f. 8, s. 22. and tVealth (Amendment) Oldlnance, 8- 10- 197 j). 1975

1975 24 Drlhi Rent Csntrol (il~nendment) Ordi- Rep~alcd (w.e.f. 18, s. 8. nance, 1975. 1-12-1955).

I975 25 Parliamentary Proceedings (Protection Repealed (w.e.f. 28, S. 3. of Publication I Repeal Ordinance, 8-12-1975). 1975.

I975 26 Press Cmnzil (Repeal) Ordinance,1975 Repealed (w.e.f. 24,; 5. 1-1-1976).

I975 27 Delhi Land Holdings (Ceiling) Amend- Repealed (w.P.~. 15, S. 15. ment Ordmance, 1975. 8-12-1975).

I975 28 Prevention of Publication of Objection- Repealed (w.e.f. 27, 9. 41. able Matter Ordinance, 1975. 8-12-1975).

I975 29 Conservation of Foreign Exchange and Repealed (w.e.f. 20,s. 5. Prevention of Smuggling Activities 12-12-1975). (Second Amendment) Ordinance, 1975.

1976 I Comptroller and Auditor-General's Repealed (w.e.f. 58, s. 5. (Duties, Powers and Conditions of 1-3-1976). Service) Amendment Ordinance, 1976

1976 2 Departmcntalisation of Union Accounts Repealed (w.e.f. 5953. 3. (Transfer of Personnel) Ordinance, 1-3-1976). 1976.

1976 3 Coal Mines (Nationalisation) Amend- Repealed (w.e.f. 67, s. 5. ment Ordinance, 1976. 27-5-1976).

4 Antiquities &d Art Tr:asures (Amead- ment) Ordinance, 1976.

-5 Maintenance of Interilal Security (Am- endment) Ordinance, 1976.

6 Conservation of Foreign Exchange and Protection of smuggling Activities (Amendment) Ordinance, 1976.

7 Braithwaite and Company (India) Limited (Acquisition m d Transfer of Undertakings) Ordinance, 1976.

8 Burn Company and Indian Standard Wagon Company (Nationalisation) Ordinance, 1976.

g Labour Provident Fund Laws (Amend- ment) Ordir ance, 1976.

Repealed (w.e.f. 4-6-1976).

Repealed (w.e.f. 16-6-1976).

Repealed (w.e.f. 16-6-1976).

Repealed (w.e.f. 1-4-1975),



1976 10 Indian Iron and Stael Company (Acqui- Repealed (w.e.f. 89,s. 18. sition of Shares) Ordinance, 1976. 17-7-1976).

1976 11 Laxmirattan and Atherton West Repealed Cotton Mills (Taking Over of Management) Orduiance, 1976.

1976 12 Metal Corpora~ion (Nationalisation and RepealedG(w.e.f. " 100,s. 25. Misccllaneous Provisions) Ordinance, zz-10-1965). 1976.

1976 13 Electricity (Supply ) Amendment Ordi- Repealed (w.e.f. 115, s. 31. nance, 1976. 8-10-1976). ,

PART 111.-CONSTITUTION O F INDIA AMENDED

Preamble amended (w.c.f. 3-1-1977), . Constitution (Fourty-second Amendment) Act, 1976-5.2.

New sub-heading inserted after Article 31 (w.e.f. 3-1- Zbidr, s. 3. 1977).

Aricles 31C, 39, 59, 74, 77, 81, 82, 83, 166, 170, 172, 217, Zbid., ss. 4, 7, 12 to 17, 28, 29, 30, 36,44, 45,47 to 311, 312, 330; 392, 353, 356, 357, 358, 359, 368 and 9 3 , s ~ and 56. 371 F amended (w.e.f. 3-1-1977).

Articles 3rD, 39A, 43A, @A, Part IVA ( k t . ~ I A ) , 257A, Z&id., ss. 5, 8, 9, 10, 11, 43 and 46. Part XIVA (Arts. 323A, 323B) znserred (w.e.f. 3-1-1977).

Articles 32A, I ~ I A , 13gA, 144A, 226A and 228A inserted Bid., ss. 6,( 23,243 2% 39 and 42. (w.e.f. 1-2-1977).

Articles 'IOO, 102, 105, I 18, 189, 191, 194 and 208 amended Zbid., ss. 18, I9~21,22, 31, 32, 34 and 35. (w.e.f. date t o - b ~ notified).

Articles 103 and 192 substituted (w.e.f. 3-1-1977) . . [bid., ss. 20 and 33, Articles 149,225,226,227,228 and 366 amended (w.e.f. Ibid.., ss. 26,37,38, 40,41 and 54.

1-2-1977). Article 150 substituted (w.e.f. 1-4-1977) . . . Itnil., s. 27. Article 297 substituted . . Constitution ( Fortieth Amendment) Act, 1976-

6. 2.

Article 316 amended . . Constitution (Forty-first Amendment) Act, 1976- S. 2.

Fifth Schedule amended . . Act IOI of 1976, s. 2.

Seventh Schedule amended (w.e.f. 3-1-1977) . . Constitution (Fourty-second Amendment) Act, 1976-s. 57.

Ninth schedule amended . . Constitution (Fortieth Amendment) Act, 1976 - s. 3.

PART 1V.-STATE ACTS

I939 22 Bombay Agricultural Produce Markets Repealed (in its application to 87, s. 72. Act, 1939. the Union territo~y cf Delhi) (w.e.f. . . . . . . . . . . . . )

THE INCOME-TAX (AMENDMENT) ACT, 1976

No. 1 OF 1976

[22& January, 1976. J

An Act further to amend the Income-tax Act, 19-61.

BE i t enacted by Parliament in the Twenty-sixth Year of the Republic of India as follaws: -

I. (1) This Act may be called the Income-tax (Amendment) Act, 1976. Short title and corn-

(2) I t shall be deemed to have come into force on the 9th day of ze- September, 1975. 2. In clause (a) of sub-section (2) of section 80G of the Income-tax

43 of 1961, Act, 1961 (hereinafter referred to as the pr inci~al Act), after sub-clause ment of (iii), thc following sub-clause shall be inserted, namely:- seotion

80G. " (iii-a) the Prime Minister's National Relief Fund; or". j

i i I

3. (1) The Income-tax (Amendment) Ordinance, 195'5 is hereby Repealand 8 of 1975. repealed. saving, i 1

(2) Notwithsta~~ding 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.

.- . . . .

THE BUaMAH SHELL (ACQUISITION OF UNDER- TAKINGS IN INDIA) ACT, 1976

No. 2 OF 1976

An Act to provide for the acquisition and transfer of the right, title and interest of the Burmah Shell Oil Storage and Distributing Company of India Limited in relation to its undertakings in India with a view to ensuring co-ordina~ed distsibution and utilisation of petroleum products distributed and marketed in Isdia b the said company and for matters connected therewith 2' or inci ental thereto.

WHEREAS Burmah Shell Oil Storage and Distributing Company of India Limited, a foreign company, is ca.rrying on in India the business of distributing and marketing petroleum products and has, for that purpose, established places of business at Bombay and other places in India.;

AND WHEREAS i t is expedient in the public interest that the undertakings in India, of Burmah Shell Oil Storage and Distributing Company of India Limited, should be acquired in order to ensure that the ownership and control of the petroleum products distributed and marketed in India by the said company are vested in the State and thereby so distributed as best to subserve the common good;

BE i t enacted by Parlixnent in the Twenty-sixth Year of the Republic of India as follows:-

CHAPTER I

Short 1. This Act may be called the Burmall Shell (Acquisition of Under- title. takings in India) Act, 1976.

2. In this Act, unless the context othenvise requires,---

( a ) ";lp~willted c-l:ly" nleans the date of commcr~ccmel~t of this

[ACT 2 OP 19761 Bur.niah Sholl ( A ~ ~ u i s i t i o , ~ of Undertakings in India) 3 (3) "Burmah Shell" means the Burmah Shell Oil Storage and

Distributing Company of India Limited, a foreign company within 1 of 1956. the meaning of section 591 of the Companies Act, 1956, incorporated

in England in 1928 and having its registered office a t Burmah House, Pipers Way, Swindun, Wiltsl~ire, England;

( c ) "Government company" means a Government company as defined in section 617 of the Companies Act, 1956; 1 of 1956.

(d) "notification" means a notification published in the Official Gazette;

( e ) "prescribed" means prescribed by rules made under this Act.

. , I CHAPTER 41

ACQUISITION IOF THE UNDERTAKINGS I N INDIA O F BURMAH SHELL

3. On the appointed day, the right, title and interest of Burmah Shell, Tranrsfer in relation to its ul~dertakii~gs in India, shall stand transferred to, and and vest- shall vest in, the Central Government. ing in the

Central Govern- ment of the undertakings of Burmah Shell in India.

4. (1) The undertakings referred to i n section 3 shall be deemed, save General as otherwise provided in sub-section (3), to include all assets, effectof rights, powers, authorities and privileges and all property, movable and vesting. immovable, cash balances, reserve funds, book-debts, investments and all other rights and interests in, or arising out of, such property as were, immediately before the appointed day, in the ownership, possession, power or control of Burmah Shell, in relation to its undertakings in India, and all books of account, registers, records and all other documents , of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities (including the liability for the payment of any pension and other pensionary benefits to the persons employed in relation to its undertakings in India) and obligations of whatever kind then subsisting of Burmah Shell in relation to its undertakings in India:

Provided thet remittance outside India of any money for the payment of pension or other pensionary benefits shall be subject to the rules and regulations for the time being in force in relation to such remittance.

(2) The profits earned by Burmnh Shell in relation to its undertakings in India from the 1st day of January, 1975, shall be payable to the Central

. I . I b - 1 ; g'RfY4P' Government. I' I

(3) The undertakings referred to in sub-section (1) shall not include the following, namely: -

( ( I ) any trade mark, and an31 right of Burmah Shell to use any trade mark in India, as specified in the First Schedule;

( b ) all patents and d e ~ i g ~ i s legistcled in India in the 11eme cf ELI) t-,-,aii S~jc!i~:

4 humah Shell (Acquisition of Undertakings in ~ n d i a ) [ACT 2

Central Govern- ment to be lessee or tenant under certain circurn- stances.

Removal of doubts.

( c ) the item described as "Loans in United Kingdom from share- holders and/or their associated companies" in the accounts of Burmah Shell, filed pursuant to section 594 of the Companies Act, 1956, as a t 1 6 f 1956. 31st day of December, 1974.

(4) Unless otherwise expressly provided by this Act, all deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature in relation to the undertakings of Burmah Shell in India, subsisting or having effect immediately before the appointed day, and to which Burmah Shell is a party or which are in favour of Burmah Shell shall be of as full force and effect against or in favour of the Central Government and may be enforced or acted upon as fully and effectualljr as if in the place of Burnlah Shell the Central Government had been a party thereto or as if they had been issued in favour of the Central Government.

(5) If, on the appointed day, any suit, appeal or other proceeding of whatever nature, in relation to the undertakings of Burmah Shell in India, which have been transferred to and vested in the Central Government under seciicin 3, is pei~ding by or against Burmah Shell, the same not abate, be discontinued or be, in any way, prejudicially affected by re,ason of the transfer of the undertakings of Burmath Shell or of anything contained in this Act, but the suit, appeal or other proceedings may be continued, prosecuted and enforced by or against the Central Government, or, where the undertaking is directed under section 7 to vest in any Gov- ernment company, by or against the Government company.

5. (1) Where any property is held in India by Burmah Shell under any lease or under any right of tenancy, the Central Government shall, on and from the appointed day, be deemed to have become the lessee or tenant, as the case may be,-in respect of such property as if the lease or tenancy in relation to such property had been granted to the Central Government, and thereupon -all -the rights under such lease or tenancy shall be deemed to have been transferred to, and vested in, the Central Government.

(2) On the expiry of the term of any lease or tena'ncy referred to in sub-section ( I ) , such lease or tenancy shall, if so desired by the Central Government, be renewed on the same terms and conditions on which the lease or tenancy was held by Burma11 Shell immediately before the appointed day.

6, (1) For ' the reinoval of doubts, i t is hereby declared that the provj- sions of sections 3, 4 and 5 shall apply to the extent to which any property appertains to the business carried on by Burinah Shell in India; aad to the rights and powers acquired, and to debts, liabilities and obliga'tions incurred, .and to contracts, agreements and other instruments made, by Burmah Shell in India, and to legal proceedings relating to those matters pending in any court or tribunal in India.

(2) If any question arises as to whether any p rge r ty appertains, on the appointed day, to ally business of Burnuh Shell in IIndia, or wllettler any 'rights, powers, debts, liabilities or obligations were acquired or incurred or any agreement or other instrunlent was made by Burmah Shell for the purposes of its husirlcss in India, or whether any docllll.lellts relate to those purposes, the question. shall be referred to the Cerltral Gouer-nl~aent. which shall, after giving an opportunity of being heard to the persoll:: interested in the matt-el., decide it in such manner as 5 ; r;-;:iy tl>il.!l: fit.

b~ 19763 ~ u r m a h Shell (Acquisition of Undev~uRiugs b z ~ n d i a j 5 7. (I) Notwithstanding anything contained in sections 3, 4 and 5, the

Central Government may, if it is satisfied that a Government company is willing to comply, or has complied, with such terms and conditions as that Government may thirik fit to impose, direct by notification, that the right, title and interest and the liabilities of Eurmah Shell in relation 1.0 any of its wldertakings in India shall, instead of continuing to vest in the Central Government, vest in the Government company either on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the notification.

(2) Where the right, title and interest and the liabilities of Burmah Shell in relation to its undertakings in India vest in a Government company under sub-section ( I ) , the Government company shall, on and from the date of such vesting, be deemed to have become the owner, tenant or lessee, as the case may be, in relation to such undertakings, and all the rights and liabilities of the Central Government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the Government company

(3) The provisions of sub-section (2) of section 5 shall apply to a lease or tenancy, which vests in a Government company, as they apply to a lcasc or tenancy vested in the Central Government, and reference therein to the "Central Govern~nent" shall be construed as a reference to the Government com,pany.

8. (1) For the transfer and vesting in the Ccntral Government, under sections 3 and 4, of the right, title and interest of Burmah Shell in relation to its undertakings in India, aild for the vosting in the Central Gov- ernment, under section 5, of the rights specified therein, there shall be paid by the Central Government to Burmah Shell an amount of rupees twenty-seven crores and seventy-five lakhs in such instalments and in such manner as are specified in the Second Schedule.

(2) Taxes, if any, payable in India by Burmah 3hell by reason of the payment of the amount specified in sub-section (1) shall be paid by the C,entral Government to Burmah Shell in Indian currency, and any amount received by Burmah Shell by way of refund of taxes so paid s l~al l be paid back by Burmah Shell to the Central Government.

(3) The amount specified in sub-section (1) shall carry interest, free of income-tax at the rate of eight per cent per annuln from the 1st day of January, 1976, till the date of payment in the manner specified in the Second Schedule.

CHAPTER I11 PROVISIONS R E L A ~ I N G TO F ~ P L O Y E E S OF B u ~ ~ ~ ~ SHELL

9. (1) Every whole-time officer or other employee of Burma11 Shell who was, immediately before the appointed day, employed by Burmah Shell in conllection with its u!~ciertakings in India, and every whole-time officer or other employee of Burmiah Shell who was, immediately before the appointed day, tenlporari:g holding any assignment outside India, shall, on the appointed day, become an officer or other employee, as the case ma], be, of the Central Government or the Government company in wliicll thc r ~ g h t , title 2 l ~ d . lnlerest 01 I3tlrrl;ah Shell in relation to its ~ r ? . d r . ! - t ~ l ~ i ~ ~ ~ ii! yiJ: i i2 hayc. vwtpd lindel this Act and sizall hoici oriicc (\y P ~ V I C C I ) ~ I ~ ~ I - L;lt~ I:t-ntral G o v e r i i ~ ~ l ~ n t or ihc Govelmncl-ii ioIn;'""Y,

, ;- c l - , ~ ?-,In? terms ;nci colldiiioi;s and :~. i t l~ r172 salr~e &b L l k L',LL 1,:. ; ;

Power oi Central Govern, ment to direct vesting of the undertakings of the Burmah Shell in a Govern- ment company.

Payment of amount. .

Transfer of service of existing employees of Burrnah Shell,

6 B ~ L Y ~ M ~ J I Shell ( Acquisit icltr of Underr nkings in lndlu) [Ac~I 2

Provident, superannuation, welfare fund, ktc.

rights to pension, gratuity and other matters as would have been admi.;- sible to him if there l ~ a d been no kuch vesting and shall continue to do so unless and until his employment under the Central Government nr the Governmnt company is duly terminated or until his remunerat i~~u and conditi~ns of service are duly altesed by the Central ~ 0 ~ e m m e ~ ~ or the Government company.

(2) If any question arises as to whether any person was a whnle- time officer or other employee of Burmah Shell, or as to whether any officer or other employee was employed wholly or mainly in connection with the undertakings of Burmah Shell, in India immediately before the appointed day, or whether any whole-time officer or other employee of Burmah Shell was temporarily holding any assignment outside India, the question shall be referred, within a period of two years from the appointed day and not thereafter, to the Central Government which shall, after giving an opportunity of beiag heard to the person concerned in the matter, decide it in such manner as it thinks fit and such decision shall be final.

(3) Notwithstandirig anything contained in the Industrial Disputes 14of 1947. Act, 1947, the Payment of Gratuity Act, 1972, or in any other law for 390f l9v2. the time being in force, the transfer of the services o,f any officer or other employee under sub-section (1) shall not entitle any such officer or other employee to any compensation ur gratuity under those Acts or such other law, and no such claim shall be entertained by any court, tribunal or other authority.

10. (1) Where a provident, superannuation, welfare or other fund has been established by Burma11 Shell for the benefit of the persons ernployed by it in connection with its undertakings in India, the moneys relatable to the employees-

(i) whofie services are transferred by or under this Act to the Central Government or the Government company; or

(ii) who are in receipt of pension or other pensionary benefits immediately before the appointed day,

shall, out of the moneys standing, on that day, to, the credit of such provident, superannuation, welfare or other fund stand transferred to, and vested in, the Central Government or the Government company, as the case may be, free from any trust that may have been constituted by Burmah Shell in respect thereof.

(2) The moneys which stand transferred, under sub-section ( I ) , to the Central Government or the Government company shall be dealt with by the Central Government or that company, as the case may be, in such manner as may bc prescribed.

(3) The Government company in which the undertakings of Burma11 Shell i11 India are directed to be vested shall, as soon as may be after the date of vesting, constitute, in respect I$ the moneys and other assets which are transfeerred to, and vcsted in, it under this section, one or more trusts having objects as similar to the objects of the existing trusts as in the circunIstances may be practicable, so, however, that the rights aild interests of the beneficiaries of the trust referred to in sub-section ( 1 ) . are not, in any way, prejudiced or diminished. .

(4) Whcl.c all the irioilcys and other assets helonging to an existin;; t r u s l are transferred to a116 vested in the ( l~ntrp1 (:overnmenf c.r f!:c

OF 19761 Burmah Shell (Acquisitiotz of Underfakings in India) 7 Government company under this section, the trust& of such trust shall, as from the date of such vesting, stand discharged from the trust except as respects things done or omitted to be done before the date of such vesting.

11. The provisions of this Act shall have effect notwithstanding any- Effect of thing inconsistent therex:tn contained in any other lam for the time Act on being in force or in any instrument having effect by virtue of anv law other

laws. other than this Act or in any decree or order of any court. tribunal or other authority.

12. ( 1 ) Where any property, appertaining to any undertalring of Burmah Shell in India has be.en transferred to, and vested in, thc Central Go,vernment or the Government company under' this Act-

(a) every person i.n whose possessior,, c~istoclv or control any such property may be, shall, on a demand hy the Central clovern- ment or the Government company, as the- case may be, deliver the property toi the Central Government or the Government company, as the case may be, forthwith;

(b) any person who, immc-liately before such vesting has in his possession, custody or control any books, docun~ents or other papers relating to the undertakings of Eurmah Shell in India, shall be liable to account for the said books, documents and papers to the Central Government or the Government company, as the case may he, and shall deliver them up to the Central Government or that company or to such person as the Central Government 0.r that company may authorise in this behalf;

(2) Without prejudice to the other provisions contained in this section, it shall be lawful for the Central Government or the Government company to take all necessary steps for taking possession of all G r ~ ~ e r - ties which have been transferred to, and vested in, it under this Act.

13. (1) Every contract entered into by Burmah Shell for any service, sale or supply in India, and in force immediately before the appointed day, shall, unless terminated under sub-section (2) within one year from the appointed day, continue to be of fi.111 fol-cc and effect zgainst or in favour of the Central Government or the Government company in which the undertakings of Burmah Shell in India have vested under this Act.

(2) The Central Government may, if it is satisfied that any contract referred to in sub-section ( I ) is unduly onerous or has been entered into in bad faith or is detrimental to the interests of that Government or the Government company, by osder in writing, either terniinate such contract or make such alterations 01. modifications therein as it may think

:-. !, .. , - ?'.--T-w -?,,?* fit:' IF^

deliver posses - sion of prop'er- ties, etc.

I i Contracts I to con- I i l inue uole ss 1 termina t- ed by Central i

..:,I 13rovlded that the Central Governinetlt shall not terminale any ccin- ::.a + ;+

tr&cl or make any alteration ijr rnodification thcreij.: cxccpt after giving r tCt .pe ....... ,,,... C Z - . tit::; . 4 .s tllc co?lt:::ict, r :.r:::sl:nabl~ oppcrtnni!y of !,eir~g hear.! ?!?c! ?

............ . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . .

: '? . . . . . t ? ~ i : e : 1 ~ i z ~ L c : ~ . I : c : < ! u I < I I I I ~ ~ ' ~ C ~ 'v;:l l ! . i ~ ~ g , . il,:5 tek:,:,ii$, I , , ! :.UL,I L e ~ ~ i ~ ~ i i i i i L i u i ~ ~ aiiciu- -i

B tion or 1-r~odificatio11. a s tl7e case may be. ,. .p 9

. . .......................

. - 3 "7

4 Burmah Shell (Acquisition of Undertakings in India) [ ACT Penalties,, 14. Any person who,-

(a) having in his possession, custody or control any property - forming part of any undertaking of Burmah Shell in India wrongfully

withholds such property from the Central Government or the Gov- ernment company; or

( b ) wrongfully obtains possession of or retains any property forming part of any undertaking of Burmah Shell in India; or

(c) wilfully withholds or fails to furnish to the Central Govern- ment or the Government company or any person specified by the Central Government or that company, any books, documents or other papers relating to any undertaking of Burmah Shell in India which may be in his possession, custody or control; or

(d ) fails to deliver to the Central Government or the Government company, any assets, books of account, registers or other documents in his possession, custody or control relating to any undertaking of Burmah Shell i i ~ lndia; or

( e ) wrongfully removes or destroys any property pertaining to any undertaking of Burmah Shell in India; or

(f) wronglully uses ally property forming part of the undcr- takings of Burmah Shell in India,

shall be punishable with imprisonment for a term which may extend to. two years, or with fine which may extend to ten thousand rupees, or with both.

Offences 15. ( 1 ) Where an offence under this Act has been committed by a by com- company, every person who, at the time the offence was committed was panics. 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 pqnished accordingly:

Provided that nnthine rontained in this sub-section shall render any such person liable t.r anv punishment. if he proves that the offence was committed without his Irnowledqe or that he had exercised all due dilig- ence to prevent the commission of such offence.

1 7" (2) Notwithstanding anything cont?ined in sub-section ( I ) , where

any offence under this Act has been cnrnrnitted by a company and i t is proved that the offence has been cornrnitted with the consent or conniv- ance of, or is attributable to, any n e ~ ? ? c t an the part n f , any director, manager, secretary or other offirer/sh>ll be deemed to be guilty of that offence and shall be liable to he proceeded against and punished accordingly

Expla?tatio~t.--For the purposes of this section-- (a) "con~pany" means any body corporate and includes a firm or

other association of individuals; and (11) "director" in relation to n firm, means a partner in the firm.

Protec- 16. No suit, proscc~ttion o r other legal proceeding slr~all lie aeainsl tion of the Central Gu\ie~nrrlcrlt or tlie C:osVern1nent company or any of its offirers :ict ic: .n o ,~ uiEici ~ i i i ~ ! ~ : j t , ' ~ ' ~ fo: ::nyt?:ir?r~\rl!i~rlc~ i~ in goor: fxilk donr- or intended lakcrt in -7 .., . ,; !a lit: c?:1:2~ ::r,17,-:. 111ic A c t f aiih.

Burmah Shell (Acquisition of Urzde~takings ii~. India). 9 OF 19761 17. Notwithstanding anything contained in the Code of Criminal Pro- cOgni-

2 of 1974. cedure, 1973, no court shall take cognizance of arly offence against this Act zance of except on a complaint, in writing, made by the Central Gover~llnellt or offences. any @cer authorised in this behalf by that Government.

18. Every officer of the Central Government and every officer or other Indem- employee of the Government company shall be indemnified by the nity. Central Government or the Government company, as the case inay be, against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this Act except such as have been caused by his own wilful act or default.

19. If any difficulty arises in giving effect to the provisions of this Act, Power to the Central Government may, by order, not inconsistent with the provi- remove sions of this Act, remove the difficulty: difficul- ties.

' Pro,vided that no such order shall be made after the expiry of a period nf two years from the appointed day.

2Ct. (1) The Central Government may, by notification, make rules to Power to carry out the provisions of this Act. make

rules. (2) 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 Parlia- ment while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 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 pre- viously done under that rule.

THE FIRST SCHEDULE [See section 4(3)]

GOVERNMENT COMPANY (a) The right of Burmah Shell to use in India the trade marks

and other distinctive' mal-ks (including, bu.t not confined to, trade names, styles of labelling and distinctive colour schemes) registered under the Trade and Merchandise Marks Act, 1958, by the Shell Com- pany of India Limited or Shell International Petroleum Company Limited. being companies incon2orzted in England and having their registered office at Shell Centre, London, United Kingdom.

( b ) '!.'he right of R111:rnall Shell to use in.India any trade marks and other distinctive marks (including, but not confined to, trade

names, styles of labelling and distinctive colour schemes) registered under the Trade and Merchandise Marks Act, 1958, by the Burmah

43 of 1958. Oil Company I.,imited, a company incorporated in Scotland and having its registered ofice at 48, St . Winston Street, Glasgow, Scotland, or by the R~rrmah Oil Trading l.,imited, a company incorporated in Engial-~d and having its 1-egjsiered o Tice a t I31;rmall l-Iouse: Pipers &Yay. f;i,.v.jiic'loii, TJlliicd l

P o Burmah Shell (Acquisition of Undertakings in India) [ACT 2 OF 19761 THE SECOND SCHEDULE

(See section 8)

1. The amount specified in saction 8 shall be deemed to correspond to fifteen million two hundred and nine thousand seven hundred and seventy-two pounds sterling (hereafter in this Schedule referred to as 'the principal amount).

2. The amount referred to in the foregoing paragraph and the interest due thereon shall be remitted by the Centlral Government to Burmah Shell at it:; principal office in the United Kingdom on the dates and in instalments specified in the corresponding entries in the Table below, namely: -

Date of payment 1 Instalnjtrits tin pound sterling) - ---

Pdnci pal Interest -

EzpEanut/ion.-In this Schedule, "pound sterling" means the unit of currency in the .United Kingdom,

I

THk -UNIT TRUST OF INDIA (AMEN~MENT) ACT, 1976

[24th January, 1976.1

An Act further to amend- the Unit Trust of India Act, 1963. BE i t enacted by Parliament in the Twenty-sixth Year of the Republic

of India as follows:-

I. T@s Act mqy be called the Unit Trust of India (Amendment) short Act, 1976. title

\

2. In section 32 of the Unit Trust of India Act, 1963 (hereinafter Amend- 52 of 1963'

referred to as the principal Act) ,- ment of section 32

(A) in sub-section (1) ,- (i) after clause (a), the following clause shall be inserted,

namely : -

"(aa) i n the case of an assessee who is not resident in India, being,-

(i) an individual who is an Indian or a person of Indian origin, or

(ii) a Hindu undivided family, there shall not be included in the total income of such assessec, for the purposes of the Income-tax Act, 1961, any income received by such assessee in the previous year in respect of units acquired by such assessee from the Trust, out of funds in a Non-resident (External) Account maintained with any bank in India or by the remittance of funds in foreign exchange, in acc.ordance, in either case, with the provisions of the Foreign Exchange: Regulation Act, 1973, or any rules or orders made thereunde~;"; (ii) the Z ; C ~ ~ I I L ( L ~ ~ O ' I I to cliiusjj (7)) shall be onlittcd;

12 h i t Trust of India (Amendment) [ACT 3 (iii) in clause (ba), after the words "assets in the form of

units", the brackets and words "[not being assets referred to in clause (bb)]" shall be inserted;

(iv) the Elcplunutio7~ to clause (ba) shall bc omitted; (v) after clause (bn), the following clause shall be inserted,

namely : -

"(bb) in the case of an assessee who is not resident in india, being, an individual who is an Indian or a person of Indian origin, or a Hindu undivided fanlily, wealth-tax shall not be payable by the assessee in respect of, and there shall not be included in, the net wealth of the assessee com- puted under the Wealth-tax Act, 1957, the value of the 27 1957. assets in the form of units acquired from the Trust, out of funds in a Non-resident (External) Account maintained with any bank in India or by the remittance of funds in

I

foreign exchange, in accordance, in either case, with the provisions of the Foreign Exchange Regulation Act, 1973, 46 of 1973, or any rules or orders made thereunder;"; (vi) after clause ( c ) , the following Explanations shall be

inserted, namely : - 'Explanation I.-In this sub-section,-

(a) in clauses (aa) and (b), the expressions "previous year" and "total income" shall have the meanings, respectively, assigned to them in the Income-tax

- (b) in clauses (ba) and (bb), the expressions "assessee" and "net wealth" shall have the meanings, respectively, assigned to them in the Wealth-tax Act, 1957. 27 of 1957. Expla?zation 11.-For the purposes of sub-sections (1)

and (2),-- (a) an assessee shall be deemed. to be "not resident

in India" if h e is a non-resident within the meaning of clause (30) of secrion 2 of the Income-tax Act, 1961; 43 of 1961.

. ... . . :

. . *

. . . - ( b ) a person shall be deemed to -be a person of Indian origin if he or either of his parents or any of his grand parents howsoever high in degree of ascent, whether on the paternal side or on the maternal side, was born in India, as defined in the Government of

. .

India Act, 1935, as originally enacted.';

(B) in sub-section (2), to clause (c), the following proviso shall b e added, naniely : -

"Provjdcd that I I O tleduction of incoinc-tax shall be made hy the Trust, where the ~ m i t s in respcct of which income is dli;triblrted to--

(i) an indiviii~itil who is an Indiarr Or a nersnn of Indian nvir+-- p ,

bk .i996] Unit Truse of India (Amendment) 13 (ii) a Hindu undivided family,

not resident in India, have been acquired frvrrl the Trust., mlt of funds in a Non-resident (External) Account bank in India or by the remittance of fu exchange, in accordance, in either case, with 11ie provisions of the Foreign Exchange Regulation Act, 1973, or any rules or

46 of 1973. orders made thereunder.".

18 af 1975. 3. (1) The Unit Trust of India (Amendment) Ordinance, 1975, is Repeal hereby repealed. and

saving. (2) Notwithstanding such repeal, anything done or any action

taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act, as if this Act had come into force on the 31st day of October, 1975.

Short title.

Amend- ment of section 56.

Amend- ment of section 57,

Substi- tution of section 58. Laying of rules and regulations before Parlia- ment.

THE DELHI DEVELOPMENT (AMENDMENT) ACT, 1976 No. 4 OF 1976 / ' I

[24th January, 1936.1 An Act further to amend the De lhi Development Act, 1957.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows: -

1. This Act may be called the Delhi Developmeht (Amendment) Act, 1976.

2. In the Delhi Development Act, 1957 (hereinafter referred to as the of ig5,. principal Act), in section 56, in sub-seption (2), after clause (c), the

following clailse shall he inserted, namely : -

"(cc] travelling and other allowances of the members of the Advisory Council except those of the ex oficio membe'r and such other members as are Gavel-nment servants;".

3. In sub-section (I) of section 57 of the principal Act, for the words "The Authority may, with the previous approval of the Central Govern- ment, niaicc regulations", the words "Thc Authority, with the previous approval of the Central Government, map, by notification in, the' Official Gazette, make regulations" shall be substituted.

4. For section 58 of the principal Act, the following section shall be substituted, namely : -

"55. Every rule and every regulation made under this Act shall be laid, as soon as may be after such rule or regulation is made, before each House of Parliarnent, while it is in session, for a total period of thirty days which may be comprised in one session or in two or inore succcbsivc sessions, and if, before the expiry of the session im~neriiately following the sessioil 01- the suc.ca'hsive ~ S S ~ C ) I I S aforesaid, both Iiouses aglee in nlaking ally ~nodlfication in the rule or regulation, or bolh Houses agree that the rule or regulation should not be' made, the rule or regulation shall, thereafter, have effect only ill sucll modified fon-r! or hc of no cflect, as the case 12ay be; so, h n w ~ v t > r that anv sucll rnutlliicat~on or annulmcnt shall he without pejudice t~ the validity of ailything plcviously donc under that r~rlc oi r c l~u131ion.".

THE AI'PROPRIATION ACT, 1976

No. 5 OF 1976

[24th January, 1976.1

An Act to nuthorise payment and appropriation of certain further sums from' add out of the Consolidated Fund of India for the sefvices of the financial year 1975-76.

, r

BE i t enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:-

1. This Act may be called the Appropriation Act, 1976.

2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Sche- dule amounting in the aggregate to the sum of three hundred and nine crores, nine lakhs and twenty-two thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1975-76, in respect of the services specified in column 2 of the Sche- dule.

Short title.

Issue of Rs. 3,09,0:3, 22,000 out of the Co:lsoli- dated FLI nd of India for the year 1975-76.

3. T5c slsrr:s authorised to he paid and applied from and out of the A13proI,rj:,: Consolidated F~l,nd of India 11y this Act shall be appropriated for the seF- tion V~CP:: :\nt3 plrnoses expressed in 111~ Schedule in relatior, tu the said yesa

I

THE SCHEDULE (See sections 2 and 3)

NO. 1 Services and purposes of

,-

I Department of Agri- culture . . Revenue

z 1 Agricullurt: . . , Capital 6 1 Department of Food . "Revenue I

epartnlent of Rural I DDevelopment . . Revenue 11 I Ministry of Conlinerce . Revenue

-12 Foreign Trade and Ex- port Production . Revenue

Capital

19 / Defence Services-Army Revenue 20 1 Defence Services-Navy' Revenue 21 Defence Services -Air I Force . . . Revenue 24 I Department of Educa- I t ion . . Revenue 27 1 Millistry of Energy . Revenue 28 I Power Development . Revenue 29 I Coal and Lignite . . Revenue Capital 41 ( Other Bxpesditure of

the Ministry of Finance . . . Capital

5 2 / Delhi . . . Capital Civil Supplies and Co-

61 1 opiration . . . capital

Rs. I Rs- I Rs. Sums not exceeding

- - ---

63 Information and Publicity Revenue . .

6 6 Labour and Employma~~t lievenue 1 , . IJooO 1 6,000

Voted Parliamz:

6g Ministrv of Petroleum and 6!1~ruicals: . . Rt~veunc~

I 4,73,o00 1 . . 4 ;73,000

77 1 Por~s, ~ i g ~ ~ t h o : l s c t ; :

No. of

Vote

Services and purposes Sums not exceeding

78 Road and Inland Water Transport . . Capital 2,19,21,000

79 I Department of Steel . Capital 9 ~ ~ 4 , o o ~ o o o I

- ----

Total

- _ - -

Voted by Parliament

80 1 Department of Mines . Revenue I ~,oo,ooo . . 1

--r- .--.

Charged on the Consoli- dated Fund

Mines and Minerals .

Supplies and Disposals Revenue 1 . . 1 6,05,aoO / I

Departme111 uf Rehabi- litation .

I

Atomic Energy Research, Development and In- dustrial Projects . Revenue

Capital

Nuclear Power Schemes Revenue Capital

Department of Space . Revenue Capital

THE A~?PROBRIAT~EON (RAILWAYS) ACT, 1976

Xo. 6 OF 1976

An Act to authorise payment and appropriation of certaiu further sums from and out of thc Consolidated Fund of India for thc services of the financial year 1975-76 for the purposes of Railways.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows : -

Short 1. This Act may be called the Appropriation (Railways) Act, 1976. title,

Issue of 2. From and out of the Consolidated Fund of India there may be paid Rs. and applied sums not exceeding those specified in column 3 of the Sche- 18,30~000 dule amounting in the aggregate to the sum of eighteen lakha and thirty

Out Of the thousand rupees towards defraying the several charges which will Consoli- dated come in course of payment during the financial year 1975-76, in respect ~~~d of of the services relating to railways specified in column 2 of the' Schedule India for the financial year 1975-76.

Appro- 3. The svrns authorised to be paid and applied from and out of the priation. Consolidated Fund of India by this Act shall be appropriated for the

services c;nd purposes expressed ir, the Schedule in relation to the said year.

THE SCHEDULE

No. of

Vote

,A

5:

Services and purposes

i 1,36,OW i 7 Working Expenses-Operati011 (Fuel) . 1 .. 29,000 29,000

Sums not exceeding . - _ L C = i

8

9

I4

15

Tot a1

Rs.

Voted by Parliament

i -- 1 Rs! Wo$+lg:Expqnsas-Repd~9 and Maiy I

I - - - 4

I TOTAL 1 3,000 --

t

Working Expenses-Operation other I

thqq Staff yad Fuel . - i - . 1 5,0o,ooo 1 i,m,ow tenance . . . . . I .. fi/,j5,00b / 7;75,000

Working Expenses-operating Staff , I .. I I I,~%,OOO

Charged on the Consoli- dated Fund -

8 s .

working Expenses-Miscellaneous Expenses . . . .

ConStructionl of *&w Lias-Capital. md Depreciation Reserve Fund

Op'en=Litre'Wor+~kpital,.D@fe~ia- ti-on-&serve Fynd-and.Dovelopment Fund . . . . .

. .

. .

3; 000

15jdd0 15,000

2,10,000 1

2,10,000

' 1>6b,000 I,65,000

'THE APPROPRIATIO& (NO. 2) ACT, 1976 No. 7. OF 1976

Short ; title. a

Issue d Rs. 10,06,17,538 out of the Consolidat- ed Fund of India to meet certain excess expenditure for 'i the year ended on the 31st March, 1974. I

125th January, 1976.1

An Act to ~rovide for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet the amounts spent on certain services during the financial year ended on the 31st day of March, 1974 in excess of the amounts granted for those services and for that year.

BE i t enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:-

1. This Act may be called the Appropriation (No. 2) Act, 1976. I

2. From and out of the Consolidated Fund of ,Jndia, the sums specified in column 3 of the Schedule amounting in the aggregate to the sum of tq~ crores, six lakhs, seventeen thousand, five hundred and thirty-eight rupees shall be deemed to have been authorised to be paid and applied to meet the amount spent for defraying the charges in respect of the services specified in column 2 of the Schedule during the financial year ended on the 31st day of March, 1974 in excess of the amounts granted for those services and for that year.

Appropria- 3. The sums deemed to have been authorised to be paid and applied tion. from and out of the Consolidated Fund of India under 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, 1974.

. .

THE SCHEDULE

(See sections 2 and 3)

I Excess No. of Services and purposes ~~~~- - . - - - - - - .a-- vote .

Charged Total

I Department of Internal ' 23.985 j . a 1 23~986 1 Trade. I I

Overseas Communications Capital 22,59,728 . . Service. I 22J59J728

I Rs. Rs. Rs .

Department of Agriculture Revenue j 3~2,268 1 3,72168 Capital Outlay on Posts

and TeIegraphs.

Defence Services-Army

Defence Services-Pensions, etc.

Department of Social Welfare

Stamps . .

Currency, Coinage and Mint .

Ministry of ~ e a l t h and Family Planning.

Cabinet . . .

51 1 Other Expenditure of the Revenue 1 24,55,725 1 . . / 24,55,725 ) Ministry of Home Affairs.

Capital

Revenue

Revenue

Capital

Revenue

Capital

Revenue

Revenue

Chaadigarh .

Andaman and Nicobar Islands .

Arunachai I'radesh

Daclra and Nagar IIaveli .

I,accadive, Adinico: and Amindivi Islands . ,

Rroadcasri~lg .

hl in le t~y nf Shipping and *l'r~r?spor t.

2,57,50,010

. .

1,15,60,974

. .

. 34,15,000 . .

I ~ , I 1,538

~~56 ,303

. .

.

. .

. .

. .

. .

. .

. .

. .

Revenue Capital

Revenue

lievenue

Revenue

Revenue Capilal

Revennc

Revcnvc

2964,591 7~64~924

rg,1g,131

1,71,16,981

8,97,995

73,774 1,70,977

29,49,538

94,669

No. of Vote

Services and purposes I Vot.rd I Charpd I Told portlon portion

Rs . 87 Public Works . .

90 Atomic Bnergy Research and Capital 38,56,741 I . . De~elqp~ment.

93 Archaeology . Revenue 5,15,264 1 . ,

No. 8 OF 1976

.An Act to-provide for vaiudtary disclos~re of.inc6me~md d a l t h and for rnatrers ko%*@ted tli&jgfii& -6r iecf@n@l. 'aeM(j.

BE i t enacted by Parliament in the Twenty-sixth Vear of the kepublic ' of in&a as fo110ws:-

1. (1) This Act may Be called the

Voluntary Disclosure cf! Income and Wealth [ACT 8 (b) which he has failed to disclose in a return of income fur-

nished by him under the Income-tax Act before the date of commencement of this Act, or

(c) which has escaped assessment by reason of the omission or failure on the part of such person to make a return under the Indian Income-tax. Act, 3 922 or the Income-tax Act or to disclose 11 of 1922. fully and truly all material facts necessary for his assessment or othcmisc,

then, notwithstanding anything contained in the Indian Income-tax Act, 1922 or the Income-tax Act or in any Finance Act, income-tax shall he 11 of 1922. charged in respect of the income so declared (such income being hereinafter referred to as the voluntarily disclosed income) at the rate or rates specifled in the Schedule.

(2) Nothing contained in sub-section (1) shall apply in relation to-

(i) the income assessable for any assessment year for which a notice under section 139 or section 148 of the Income-tax Act has been served upon such person and the return has not been furnished before the coll~inencelrlerlt of this Act;

Parti- culars to be furnished in declara- Men.

v , (j-ii.)' where any books of arcount, othcr documents, money, bullfon, jewellery or other valuable articles or things belonging to the person making the declaration under sub-section (1) (hereafter in this scction, in sections 4 to 13 and in the Schedule referred to as the declarant) have been seized as a result of any search under section 132 of the Income-tax Act or under section 37A of the Wealth-tax Act, the income in respect of the previous year in which such search was mad.e or any earlier previous year.

(3), In addition to the amount of income-tax to be paid under sub- section ( I ) , the declarant shall invest a sum equal to five per cent. of the amount of the voluntarily disclosed income in such securities as the Central Government may notify in this behalf in the Official Gazette.

4. (I) The declaration under sub-section (1) of section 3 shd l be made to the Commissioner and shall bc in such form and shall be veri- fied in such manner as may be prescribed by rules made by the Board.

. . (2) The declaration shall be signed- - . . , ,

(a ) where thc dcclarant is an individual, by the individual himself; where such individual is absent from India, by the individual concernccl or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his nffairs, by his guardian or by any other person competent to act on his bchnlf;

(b) where the declarnnt is1 a Hindu undivided family, by the k a ~ t a , and wherc thc knrtn is absent from India or js mental1y incapacitated fiGm nttdndillp to i ) i s aaairs, by any ot11.i~ zictu~t Inern- b c ~ r o f such family;

@F 119961 Voluntary Disclosure of Income and Wealth 25

(c) where the declarant is a company, by the managing director thereof, or where for any unavoidable reason such managing director is not able to sign the declaration or where there is no managing director, by any director thereof;

(d) where the declarant is a firm, by the managing partner thereof, or where for any unavoidable reason such managing partner is not able to sign the declaration, or where there is no managing partner as such, by any partner thereof, not being a minor;

(e) where the declarant is any other association, by any mern- ber of the association or the principal officer thereof; and

(f) where the declarant is any other person, by that person or by some person competent to act on his behalf.

\

(3) Any person, who has made a declaration under sub-section (1) of section 3 in respect of his income, or as a representative assessee in respect of the income of any other person, shali not be entitled to make any other declaration under that sub-section in respect of his income or, as thc case may be, the income of such other person, and any such other declaration, if made, shall be deemed to be void.

5. (1) Subject to the provisions of sub-section (2), the income-tax payable under this Act in respect of the voluntarily disclosed income shall be paid by the declarant before making the declaration and the declaration shall be accompanied by proof of payment of such tax.

(2) If the Commissioner is satisfied, on an application made in this " behalf by the declarant, that the declarant is unable, for good and suffi-

cient reasons, to pay the full amount of income-tax in respect of the voluntarily disclosed income in accordance with sub-section (I), he may extend the time for payment of the amount which remains unpaid or allow payment thereof by instalments if the declarant furnishes ade- quate security for the payment thereof; so, however, that an amount which is not less than one-half of the amount of income-tax payable in respect of the voluntarily'disclosed income shall be paid on or before the 31st day of March, 1976 and the remainder, if any, on or before the 31st day of March, 1977.

Time fur Payment of income- tax and for invest. men t in notified securities.

(3) The security required to be furnished by a declarant for the purposes of sub-section (2) shall be in such form and in such manner as the Commissioner may, in his discretion, direct.

(4) The investment in the securities referred to in sub-section (3) of section 3 shall be made by the declarant within thirty days from the date on which the declaration is made by him under sub-section (1) of that section.

6. If the amount of income-tax payable in respect of the voluntarily disclosed income is not paid on or !~cfore ihe 31st d~:y of March, 1976, Interest the declarant shall be liable to pay simple interest at twelve per cent. per ailllurn on the amount remaining unpaid from the 1st day of April, l Jy 19S(j t o the datrz of payment and the pro\!isiuns of the I I ~ C O ~ P - t a x h c l drc]arant. and the rules made thereunder shall, so far as may be, apply as if the 115 1 - 7 5 7 "

-

26 Voluntal-y Disclosure of Imome and Wealth [ACT 6

Mode of recovery,

Voluntari- ly disclosed income not to be ' included in the total Tncome-

VolunBarP- ly disclosed incurno not to cff ect finality of cons, plete,d assess- ments, etr

interest payable under this section were interest payable under sub- section (2) of section .220 of that Act.

7. (1) Ii the dzclarant fails to pay the income-tax in respect of thd voluntarily disclosed income within the time allowed under sub-section (2) of section 5 ur to invest the aillouilt required to be invested in the securities referred to in sub-section (3) of section 3 within the time specified in sub-section (4) of section 5, the declarant sha3 be deemed to be in default.

(2) The provisions contained in sectiofis 221 to 227, 229, 231 and 232 of the Income-tax Act and the Second and Third Schedules to that Act and any rules made thereunder shall, so far as may be, apply as if the said provisiops were provisions of this Act and referred to income-tax and sums payable by way of penalty and interest under this Act instead of to tax and sums by way of penalty and interest payable under that Act and to tine declarant instead of to the assessee.

(3) Any arrears in respect of the amount required to be invested by the deciarant in tlie securities referred to in sub-section (3) of section 3 shall be recoverable in accordance with the provisions of sub-section (2) CIS if such arreais were arrears of income-tax and the amount SO recovered shall be utilised for the purchase of such securities in the name of the declarant.

8. (1) The amount of the voluntarily disclosed income shall not be included in the total income of the declarant for any assessment year under the Indian Incqme-tax Act, 1922 or the Income-tax Act, or the Excess Profits Tax Act, 1940 or the Business Profits Tax Act, 1947 or the Super Profits Tax Act, 1963 or the Companies (Profits) Surtax Act, 1964, if the following conhtions are fulfilled, namely: -

(i) the declarant credits such amo,unt in the books of account, . if any, maintained by him for any source of income or in any other

record, and intimates the credit so made to the Income-tax Officer; (ii) the income-tax in respect of the voluntarily disclosed income

is paid by the declarant; and (iii) the amount required to be invested in the securities refer-

red to in sub-section (3) of section 3 is so invested by the declarant. (2) The Commissioner shall, on an application made by the declarant,

grant a certificate to him setting forth the particulars of the voluntarily disclosed income, the amount of income-tax paid in respect of the same, the amount of investment made in the securities referred to in sub- section (3) of section 3 and the date of payment and investment.

9. The declarant shall no,t be entitled, in respect of the voluntarily disclosed income or any amount of income-tax paid thereon, to reopen

'any assess~nent or reassessment made under any of the Acts n:ei~tioned i :~ sub-sectiop (1) of section 8 or claim any set ofi or relief in any appeal, reference or other proceeding in relation to any such assessment or reassessment.

OF 19761 Voluntarg Disclosure of Income and Wealth 27

10. Any amount of income-tax paid in pursuance of a declaration I ~ ~ , , ~ - made under sub-section (1) of section 3 shall not be refundable under tax in any circumstances. respect of

voluntarily disclosed income not refundable.

11. Notwithstanding anything contained in any other law for the time Declara- b&ing in force, nothing contained in any decla13ation made under sub- tion not section (1) gf section 3 shall be admissible in evidence against the de- admissi- ble in clarant for t'he purpose of any proceeding relating to imposition of penalty or for the purposes of prosecution under any of the Acts men- against tioned in sub-section (1) of section 8 or the Wealth-tax Act. declarant.

12. (1) All particulars contained in a declaration made under sub- Secrecy section (1) of section 3 shall be treated as confidential and, notwith- of decla- standing anything contained in any law for the time being in force, no ration. court or any other autl~osity shall be entitled to require any public servant or the declarant to produce before it any such declaration or any part thereof or to give any evidence before i t in respect thereof.

(2) No public servant shall disclose any particulars contained in any such declaration except to any officer employed in the execution of any of the Acts mentioned in sub-section (1) of section 8, or the Wealth-tax Act, or to any officer appointed by the Comptroller and Auditor-General of India or the Board to audit income-t,ax receipts or rrofocds.

(3) The provisions of sub-sections (1) and (2) shall apply in relation to all documents and particulars relating to the investment in the securities referred to in sub-section (3) of section 3 (including the payment of interest on such securities) as they apply in relation to the declaration made under sub-section (I) o$ that section and the particulars contained therein.

13. (1) Where the voluntarily disclosed income is represented by Exemption cash (including bank deposits), bullion, investment in shares, debts due from from other persons, commodities or any other assets specified in the de- wealth- tax in claration made under sub-section (1) of section 3- 'respect of

assets (a) in respect of which the declarant has failed to furnish a specified

return under section 14 of the Wealth-tax Act for the assessment in declara- year commencing on the 1st day of April, ,1975 or any earlier assess- tion. z e n t year or years, or

1 ( b ) which have not been shnwn in the return of net wealth I furnished by him for the said assessment year or ye:>).s, or

-

( c ) which have been understai.ecl in value in the return of net j

wealth fanlished by him for the said assessinent year or years, I

then, riot~irithstnnding anything roiitainc!I i r 1 f).le W(?;r!!l?-!:~>: A(:( o r : ! r ~ y I rules made thereunder,-- I

('\ . . . "" I ,(.; ~ V ~ . ~ : : C ~ ; L ~ ~ - L ; + > . >il ; i j j l l c ~ i , klc5 p;i,~3i1i,c+ 17!, c\(:r!;::,r;!?;t, ir! I,PST>C,

a8 Voluntary Disclosure of Income and Wealth [ACT 8

shall not be included in his net wealth for the said assessment year or years;

(ii) the amount by which the value of the assets referred to in clause (c) has been understaled in the return of net wcalth for the said assessment year or years, to the extent such amount does not exceed the voluntarily disclosed income utilised for accluiring such assets, shall not be taken into account in computing the net wealth of the declarant for the said assessment year or years.

Explanation.-Where a declaration under sub-section (1) of sectiop 3 is made by a firm, the assets referred to in clause (i) or, as tXe case may be, the amount referred to in clause (ii) shall not he taken into account in computing the net wealth of any partner of the firm or, as the case may be, in determining the value of the interest of any partner in the firm.

(2) The provisions of sub-section (1) shall not apply unless the conditions specified in sub-section (1) of section 8 are fulfilled by the declarant.

(3) All words and expressions used in this section and in section 15 but not defined and defined in the Wealth-tax Act shall have the meanings respectively assigned to them in that Act.

Disclo- 14. (1) Subject to the provisions of this section, where any books sure of account, other documents, money, bullion, jewellery or other valuable income in cases of articles or things belopging to a person have been seized as a result of search a search under section 132 of the Income-tax Act or section 37R of the and Wealth-tax Act and such person (hereafter in this section referred to "izu~-e. as the declarant) makes, on or after the date of commencement of this

Act but before the 1st day of January, 1976, a declaration in accordance with sub-section (2) in respect of any income relating to the previous year in which such search was made or any earlier previous year-

(a) f o ~ which he has failed to furnish a return under section, 139 of the Income-tax Act, or

(b) which he has failed to disclose in a return of income furnished by him under the Income-tax Act before the commencement of this Act, or

(c) which has escaped assessment b y reason o,f the omission or failure on the part of such person to make a return under the Indian Income-tax Act, 1922, or the Income-tax Act, or to disclose fully and truly all material facts necessary for his assessment or otherwise,

then, notwithstanding anything centaincd in any of the Acts mentioned in sub-section (1) of secticiii 8 or tlie Wealth-tax Act, the amount of incoi-r~e so declared or, as the cas

1976 Amendment Acts

Documents

Transcript of 1976 Amendment Acts