ACTS OF PARLIAMENT. 2010

The Constitution (Ninety -Fifth ~hendment ) Act, i009.

1. The Legal Metrology Act, 2009. 8

2. The Salaries and Allowances of Ministers (Amendment) Act, 2009. 3. The Civil ~k fence (Amendment) Act, 2009 4. The Rubber (Amendment) Act, 2009. 5. The AppropriationARailways) Vote on Account Act, 20 10. 6. The ~ppiopriation Railway) Act, 201 0. 7. The Apprqpriation (Railways) No?, Act, 2010. 8. The ~ ~ ~ r o ~ r i a t i o n (Vote on account) Act, 20 10. 9. The Appropriation Act, 20 10. 10. The Ancient Monuments and Archacological Sites and Remains

(Amendment and Validation) Act, 20 10. 1 1. The ~ ~ ~ r o ~ r i a t i o n (Railway No.3) Act, 20 1 0. 12. The Appropriation (No. 2) Act, 20 10. 13. The Appropriation (No.3) Act, 20 10. 14. The Finance Act, 201 0. 15. The Payment of Gratuity (Amendment) Act, 20 10. 16. The Tamil Nadu Legislative Council Act, 20 10.' 17. The Plantations Labours (Amendment) Act, 20 10. 18. The Employees State Insurance (Amendment) Act, 2010. 19. The Nation Green Tribunal Act, 20 10.' 20. The National Commission for Minority Educational Institutions (Amendment) Act, 20 10. <

21. The Appropriation (No.4) Act, 2010. 22. The Jharkhand Appropriation Act, 2010. 23. The Clinical Establishments (Registration, and Regulation) Act, 201 0.* 24. The Industrial Disputes (Amendment) Act, 20 1 0. 25. The Foreign Trade (Development and Regulation) Amendment Act, 20 10. 26. The Securities and Insurance Laws (Amendment and Validation) Act,

20 10. 27. The State Bank of India (Amendment) Act, 2010. 28. The Energy Conservation (Amendment) Act, 2010. 29. The Appropriation (Railways) No.4 Act, 2010. 30. The Personal Laws (Amendment) Act, 2010. 3 1. The Land Ports Authority of India Act, 20 1 0 . ~ 32. The Indian Medical Council (Amendment) Act, 20 10. 33. The Jharkhand Panchayat Raj (Amendment) Act, 2010. 34. The Mines and Minerals (Development and Regulation) Amendment Act,

2010. 35. The Essential Commodities (Amendment) kct, 2010. 36. The Representation of the People (Amendment) Act, 2010.

37. The Salary, allowances and Pension of Members' of Parliament (Amendmknt) ~ c t , 20 10. 4

3 8. The Civil Liability for nuclear damage Act, 20 10. 3 9. The Nalanda University Act, 20 1 0. 40. The Trade Maqks '(Amendment) Act, 20 10 4 1. The code of criiinal procedure (Amendment) Act, 20 10. 42. The Foreign Contribution (Regulation) Act, 2010. 43. The Indian Medicine-Central Council (Amendment) Act, 2010. 44. The Appropriation (No.5) Act, 2010. 45 The ~ ~ ~ r o ~ i i a t i o n (No.6) Act, 20 10. 46. The Appropriation (Railways) No.5 Act, 20 10. 47. The Appropriation (Railways) No.6 Act, 2010.

xf%F$ Tio 30 ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 0 9 REGISTERED NO. DL,-(N)UJ/UOU7/2003-09

EXTRAORDINAKY O r m I I - ~ l

PART IJ - Section I ~~*~ --

PUBLISHED BY AUTHORITY - -

Ti0 11 =I$ %?dt, m, W d 14, 2010 /24 *, 1931 No. I] NEW DELIII, THURSDAY, JANUARY 14,2010 I24 Pausa, 1931 - --

~orm3fsr;;r.paa~$~%M%qm.H.ha?+m-;fmwfi1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

--

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 14th Jarzuaj! 201 O/Pausa 24, 193 1 (Snka)

The following Act of Parliament received the assent of the President on the 13th January, 2010, and is hereby published for general information:-

THE LEGALMETROLOGY ACT, 2009

(No. 1 or 2010) [13th Januay, 2010.1

An Act to establish and enforce standards ofweights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:-

CHAPTER I

1. (I) ThisAct may be called the Legal Metrology Act, 2009.

(2) It extends to the whole of India.

Short t~tle, ea- tent and COIN- lne~~celncllt. '

(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. ,

2. In this Act, unless the context otherwise requires,- Defi~iitions

( a ) "Controller" ineans the Controller of Legal Metrology appointed under section 14;

(b) "dealer", in relation to any weight or measure, means a person who, carries on, directly or otherwise, the business of buying, selling, supplying or distributing

2 - THE GAZETTE OF INDIA EXTRAORDINARY [PW 11- I - !

' I any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent, an i importer, a manufacturer, who sells, supplies, distributes or otherwise delivers any t weight or measure manufactured by him to any person other than a dealer;

(c) "Director" means the Director of Legal Metrology appointed under r I

section 13; I i (d) "export" with its grammatical variations and cognate expressions, means

taking out of India to a place outside India;

(e) "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India;

u> "label" means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity;

(g) "Legal Metrology" means that part of metrology which treats units of weighinent and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal

-z requirements which have the object of ensuring public guarantee from the point of I

view of security and accuracy of the weighments and measurements; j

(h) "legal metrology officer" ineans Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed under sections 13 and 14;

( 1 ) "manufacturer" in relation to any weight or measure, means a person who -

( i ) manufactures weight or measure,

(ii) manufactures one or more parts, and acquires other .parts, of shch weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,

(iri) does not manufacture any part of such weight or measure but assembles parts thereof manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,

(iv) puts, or causes to be put, his own mark on any complete weight or measure made or manufactured by any other derson and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be;

0) "notification" means a notification published in the Official Gazette;

(k) "protection" means the utilisation of reading obtained from any weight or measure, for the purpose of determining any step which is required-to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively;

(I) "pre-packaged commodity" means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity;

(m) "person" includes,-

( i ) a Hindu undivided family,

(ii) every department or office,

(iii) every organisation established or constituted by Government,

(iv) every local authority within the territory of India,

(v) a company, firm and association of individuals,

(vi) trust constituted under an Act,

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY - 3 --

(vii) every co-operative society, constituted under an Act,

(viii) every other society registered under the Societies Registration 21 of 1860 Act, 1860;

(n) "premises" includes-

( i ) a place where any business, industry, production or transaction is carried on by a person, whether by himself or through an agent, by whatever name called, including the person who carries on the business in such premises,

(ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited,

(iii) a place where any books of account or other documents pertaining to any trade or transaction are kept,

(iv) a dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production. or trade,

(v) a vehicle or vessel or any other mobile device, with the help of which any transaction or business is carried on;

(0) "prescribed" means prescribed by rules made under this Act;

(p) "repairer" means a person who repairs a weight or measure and includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standards established by or under this Act;

(q) "State Government", in relation to a Union territory, means the Administrator thereof;

( I . ) "sale", with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration and includes a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods;

(s) "seal" means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp;

( t ) "stamp" means a mark, made by impressing, casting, engraving, etching, . branding, affixing pre-stressed paper seal or any other process in relation to, any

weight or measure with a view to-

( i ) certifying that such weight or measure conforms to the standard specified by or under this Act, or

(ii) indicating that any mark whicl, -::Y urtviously made thereon certifying that such weight or measure conforms to the standards specified by or under this Act, has been obliterated;

(u) "transaction" means,-

(i) any contract, whether for sale, purchase, exchange or any other purpose, or

(ii) any assessment of royalty, toll, duty or other dues, or

(iii) the assessment of any work done, wages due or services rendered;

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART U--- -- --

(v ) "verification", with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure confc;ins to the standards established by or under this Act and also includes re-verification and calibration;

(w) "weight or measure" means a weight or measure specified by or under this Act and includes a weighing or measuring instrument.

P r o v i s ~ o n s of 3. The provisions of this Act shall have effect notwithstanding anything inconsistent tills Act to therewith contained in any enactment other than this Act or in any instrument having effect override prow- s lons of any

by virtue of any enactment other than this Act.

other law. CHAPTER I1

' Units of 4. Every unit of weight or measure shall be in accordance with the metric system based wclgllts and on the international system of units. ! measures to be based on met- i ric system I

Base U I I I ~ of 5. (1) The base unit of - weig l~ t s and measures. ( i ) length shall be the metre;

(ii) mass shall be the kilogram;

(iii) time shall be the second;

(iv) electric current shall be the ampere;

(v ) thermodynamic temperature shall be the kelvin;

(vi) luminous intensity shall be the candela; and

(vii) amount of substance shall be the mole.

(2 ) The specifications of the base units mentioned in sub-section ( I ) , derived units and other units shall be such as may be prescribed.

Base unit of 6. (I) The base unit of numeration shall be the unit of the international forin of Indian numeratlon numerals.

(2 ) Every numeration shall be made in accordance with the decimal system.

( 3 ) The decimal ~ n u l t ~ ~ l e s and sub-multiples of the numerals shall be of such I

I

denominations and be written in such manner as may be prescribed. I

Standard units 7. (1 ) The base units of weights and meahres specified in section 5 shall be the weights and standard units of weights and measures.

ineasules (2 ) The base unit of numeration specified in section 6 shall be the standard unit of

numeration.

(3) For the purpose ofderiving the value of base, derived and other units mentioned in section 5, the Central Government shall prepare or cause to be prepared objects or equipments in such manlier as may be prescribed.

(4) The physical characteristics, configuration, constructional details, materials, ecluipments, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed. ,

Standard 8. (1 ) Any weight or measure which conforms to the standard unit of such weight or we~ght , measure and also conforms to such ofthe provisions of section 7 as are applicable to it shall ineasure or ilulneral be the standard weight or measure.

A-

( 2 ) Any numeral which conforms to the provisions of section 6 shall be the standard . numeral. : .

( 3 ) No weight, measure or numeral, other than the standard weight, measure or numeral, , shall be us,ed as a standard weight, measure or numeral.

(4 ) No weight or measure, shall be manufactured or import@ unless it confor~ns to the standards of weight or measure specified under section 8:

Provided that provisions of this section shall not apply for manufacture done exclusively for export or for the purpose of any scientific investigation or research.

9. ( 1 ) The reference standards, secondary standards and working standards of weights ~efcrcnce, see- %

and measures shall be such as may be prescribed. o~idary and w o r k ~ n g stan-

( 2 ) Every reference standard, secoildary standard and working standard shall be verified dard '

and stamped in such manner and after payment of such fee as may be prescribed.

(3 ) Every reference standard, secondary standard and working standard which is not verified and stamped in accordance with the provisions of sub-section ( 2 ) shall not be deemed to be a valid standard.

10. Any transactfon, dealing or contract in respect of any goods, class of goods or Use of we~gll t . undertakings shall be made by such weight, measure or number as may be prescribed. ' or measure for

part~cular pur- r poses

11. ( I ) No person shall, in relation to any goods, things or service,- ~ r o h l b ~ t ; b n of quoiat~on, etc ,

(a) quote, or make announcement of, whether by word of mouth or otherwise, otherwise thall any price or charge, or 111 t a m s of

standard untls (b) issue or exhibit any price list, invoice, cash memo or other document, or of M;elght,

(c) prepare or publish any advertisement, poster or other document, or measure or llulilelatloli

(d) indicate the net quantity of a pre-packaged commodity, or

(e) express in relation to any transaction or protection, any quantity or dimension,

otherwise than in accordance with the standard unit of weight, measure or numeration. I

(2) The provisions of sub-section (1) shall not be applicable for export of any goo things or service.

12. Any custom, usage, practice or method of whatever nature which permits a person Ally custom,

to demand, receive or cause to be demanded or received, any'quantity of article. thing or etc. colltrary to service in excess of or less than, the quantity specified by weight, measure or number in the stalldard

contract or other agreement in relation to the said article, thing or service, shall be void. lneas,re Iiu1neratro11 to be vord

CHAPTER Ill

APPO~NTMENT AND POWERS OF DIRECTOR. CONTROLLER AND LEGAL METROLOGY OFFICERS . 13. ( 1 ) The Central Government may, by notification, appoint a Director of legal

metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other employees for exercising the powers and discharging the duties conferred or imposed on tfiem by or under this Act in relation to inter-State trade and commerce.

( 2 ) The qualifications of the Director and legal metrology officers appointed under sub-section ( I ) shall be such as may be presqribed. , /

( 3 ) The Director and every legal tnetrology officer, appointed under sub-section (I), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notificatiori, specify.

-. Appo~ntment of Director, legal metrology officers and other elnp Ioyees

- (4) Every legal metrology officer appointed under sub-section ( I ) shall exercise powers and discharge duties under the general superintendence, direction and control ofthe Director. .

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(5) The Director, the Controller and every legal metrology officer authorised to perform any duty by or under this Act shall be deemed to be a public servant within the meaning of section 2 1 of the Indian Penal Code. 45 01~1860

(5) No suit, prosecution or other legal proceeding,shall lie against the Director, the Controller and legal lnetrology officer authorised to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.

(7) The Central Government may, with the consent of the State Government and subject to such conditions, li~nitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal lnetrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal li~etrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation.

(8) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be exercised under the general superintendence, direction and guidance of the Director.

A p p o ~ n t m e n t 14. ( I ) The State Government may, by notification, appoint a Controller of legal Of mefro1ogy, Additional Controller, Joint ControIler, Deputy Controller, Assistant Controller, legal lne t~o logy Inspector and other employees for the State for exercising the powers and discharging

alld , the duties conferred or imposed on them by or under this Act in relation to intra State o ther trade and commerce. employees

( 2 ) The qualifications of the Controller and legal metrology officers appointed under sub-section ( I ) shall be such as may be prescribed.

(3) The Controller and every legal metrology officer, appointed under sub-section ( I ) , shall exercise such powers and discharge such functions in respect of such local limits as the State Government may, by notification, specify.

(4) Every legal metrology officer appointed under sub-section ( I ) shall exercise and discharge the duties under the general superintendence, direction and control of the Controller.

Power of 15. ( I ) The Director, Controller or any legal metrology officer may, if he has any l?spcct'on, reason to believe, whether from any information given to him by any person and taken down sctzure, etc

in writing or fiom personal knowledge or otherwise, that any weight or measure or other goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of which an offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in the course of transportation,-

(a) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto;

(b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under this Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.

(2 ) The Director, Controller or any legal metfology officer may also require the production ofevery document or other i-ecord relating to the weight or measure referred to in sub-section (1 ) and the person having the custody of such weight or measure shall comply with such requisition.

SFC. 11 TKE GAZETTE OF INDIA EXTRAORDINARY 7 -- ---

(3) Where any goods seized under sub-section (I) are subject to speedy or natural I

decay, the Director, Controller or legal metrology officer may dispose of such goods in sucl-, manner as may be prescribed. I

(4) Every search or seizure made under this section shall be carried out in accorda~~ce 2 of 1974 with the provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures

16. ( I ) Every non-standard or unverified weight or measure, and every package made in contravention of section 18, used in the course of, or in relation to, any trade and comlnerce and seized under section 15, shall be liable to be forfeited to the State Government:

Provided that such unverified weight or measure shall not be forfeited to the State Government if the person from whom such weight or lneasure was seized gets the same verified and stamped within such time as may be prescribed.

(2) Every weight, measure or other goods seized under section 15 but not forfeited under sub-section (I), shall be disposed of by suchauthority and in such manner as may be

- prescribed.

17. (1) Every manufacturer, repairer or dealer of weight or measure shall maintain such Mallufac- records and registers as may be prescribed. turers, etc , 10

m a ~ n t a i n '

(2) The records and registers maintained under sub-section ( I ) shall be produced at recolds and

the time of inspection to the persons authorised for the said purpose under sub-section (1 ) reglslers.

of section 15.

18. (1)No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose Declarat~ons or possess for sale any pre-packaged commodity unless such package is in such standard OL1 pre-

pachaged quantities or rfumber and bears thereon such declarations and particulars in such manner as collllnodltles

may be prescribed:

(2) Any advertise~nent inentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantiv or number of the commodity contained in the package in such form and manner as may be prescribed.

19. No person shall import any weight or lneasure unless he is registered with the Reg~s t ra t~on

Director in such manner and on payment of such fees, as may be prescribed. for ~mporter of weight or

20. No weight or measure; whether singly or as a part or component of any machine NO"-standard shall be imported unless it conforlns to the standards of weight br lneasure established by or welgllts and

under this Act. lmeasures not to be ~moorted

21. ( I ) For imparting training in Legal Metrology and other allied branches of T r a ~ n ~ n g 111

knowledge the "Indian Institute of Legal Metrology" (hereinafter referred to as the Legal

"Institute") established under the provisions of the Standards of Weights and Measures Metro'ogy

60 of 1976 Act, 1976, shall be deemed to have been established under the corresponding provisions of this Act.

' (2) The management and control of the Institute, theteaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible for admission thereto shall be such as inay be prescribed. -

22. Every person. b:C~re manufacturing or importing any weight or measure shall seek Approval of

the approval of n~odel of such weight or measure in such manner, on payment of such fee and lnode'

from such authbrity as may be prescribed:

Provided that such approval of model may not be required in respect of any cast iron, brass, bullion, or carat weight dr any beam scale, length measures (not,being measuring tapes) which are ordinarily used in retail trade for measuring textiles or timber, capaclty measures, not exceeding twenty litre in capacity, which are ordinarily used in retail trade for ~neasuring kerosene, milk or potable liquors:

Provided further that thk prescribed authority may, if he is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards estabIished by or under this Act, approve such model without any test or after such test as he may deem fit.

Prohibit~on 0 11

manufacture, repalr or sale of we~ght or measure ~ l t l l ~ ~ t I ~ ~ e n c e

23. (1) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a licence issued by the Controller under sub- section (2):

Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same.

(2) For the purpose of sub-section (I), the Controller shall issue a licence in such form and manner, on such conditions, for such period and such area ofjurisdiction and on payrnent of such fee as may be presc,ribed.

Ver~ficat~on 24. (1) Every person having any weight or measure in his possession, custody or and starnpillg control in circumstances indicating that such weight or measure is being, or is intended or is of we~glit or measure

likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, by general o ial order, specify in this behalf, on pay~yent of such fees as may be prescribed.

(2) The Central Government may prescribe the kinds of weights and measures for which the verification is to be done through the Government approved Test Centre.

(3) The Government approved Test Centre shall be notified by the Central Government or the State Government, as the case may be, in such manner, on such terms and conditions and on payment of such fee as may be prescribed.

- (4) The Government approved Test centre shall appoint or engage persons having such qualifications and experience and collect such fee on such terms and conditions for the

, verification of weights and measures specified under sub-section (2) as may be prescribed.

CHAPTER V

Penalty for use 25. Whoever uses or keeps for use any weight or measure or makes use ofany numeration o f I lo1l - otherwise than in accordance with the standards of weight or measure or the standard of standard we~ght or lneasure numeration, as the case may be, specified by or under this Act, shall be punished with fine

. which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine. - ,

Pellaity for 26. Whoever tampers with, or alters in any way, any reference standard, secondary standard or workkg standard or increases or decreases or alters any weight or measure

w e ~ g h t and measure with a view to deceiving any person or knowing or having reason to believe that any

person is likely to be deceived thereby, except where such alteration is made fora the correction of any error noticed therein on verification, shall be punished with fine which may extend to fifty thousand rupees and for the second and subsequent offence with . imprisonment for a term which shall not be less than six months but which may extend to one year or with fine or with both.

Penalty f o ~ 27. Every person who manufactures or causes to be manufactured or sells or offers, .

manufacture Or exposes or pdssesses for sale, ahy weight or measure which,- sale of non- standard we~glit (a) does not conform to the standards of weight or measure specified by or

under this Act; or or measure.

(b) which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or under this Act,

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY -- ---A

9

except where he is permitted to do so under this Act, shall be punished with a fine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with fine or with both.

28. Whoever makes any transaction, deal or contract in contravention ofthe standards of weights and measures specified under section 10 shall be punished with fine which may extend to ten thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. .

29. Whoever violates section 11 shall be punished with fine which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both.

Penalty for ~naklng any t ransacl~on, deal or contract in contravcn- tlon of the prescr~bed standards

Penalty for quoting or publishi~~g, etc., of non-standard

30: Whoever- penalty for transacllons 111

(a) in selling any article or thing by weight, measure or number, delivers or conlraventlo,l causes to be delivered to the purchaser any quantity or r,umber of that article or thing of .slandard

less than the quantity or number contracted for or paid for; or w e ~ g h t or measure

(b) in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for; or

(c) in buying any article or thing by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or

(4 in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for or paid for,

shall be punished with fine which may extend to ten thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both.

31. Whoever, being required by or under this Act or the rules made thereunder to submit returns, maintain any record or register, or being required by the Director or the Controller or any legal metrology officer to produce before him for inspection ariy weight or measure or any document, register or other record relating thereto, omits or fails without any reasonable excuse, so to do, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

32. Whoever fails or omits to submit model of any weight or measure for approval, shall be punished with fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

Penalty for non- prodoctlon of documents, etc.

I'cnalty for failure to get model approved.

33. Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified Penalty for use of unver~f ied weight or measure shall be punished with fine which shall not be less than two thousand wclg,lt o r

rupees but which may extend to ten thousand rupees and, for the secondaor subsequent offence, with imprisonment for a term which may extend'to one year and also with fine.

34. Whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any means other than the standard weight or measure or number, shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both.

Penalty for salc or dellvery of commodities, elc., by non- standard weight or nicasnre

Penalty Ibr rendcr~ng services by lion-standard weight, measure or number

Penalty for selling, etc., of non-standard

,packages.

35. Whoever renders or causes to be rendered, any service through means other than the weight or measure or numeration or in terms of any weight, measure or number other than the standard weight or measure, shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both.

36. (1 ) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thoilsand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.

(2 ) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pie-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.

Penalty for t 37. ( I ) Where ariy Government approved Test Centre contravenes any ofthe provisions contraven- of this Act or the rules made thereunder, or the conditions ofthe licence, it shall be punished tion by Government

with fine which may extend to one lakh rupees.

approved Test (2 ) Where any owner or employee of a Government Approved Test Centre performing Centre duties in accordance with the provisions of this Act or the rules made thereunder, wilfully

verifies or stamps any weight or measure'in contravention of the provisions of this Act or the rules made thereunder, he shall, for every such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both.

Penalty for 38. Whoever imports any weight or measure without being registered under this Act 11011- shall be punished with fine which may extend to twenty-five thousand rupees and for the reg~stration by importei of second or subsequent offence, with imprisonment for a term whichmay extend to six months, weight or or with fine, or with both. measure. Penalty for 39. Whoever imports any non-standard weight or measure shall .be punished with Import non- fine, which may extend to fifty thousand rupees and for the second or subsequent offence, standard weight or measure with imprisonment for a term which may extend to one year and also with fine.

Penalty for 40. Whoever obstructs the Director, the Controller or any legal metrology offickr with obstructing intent to prevent or deter the Director or the Controller or any legal metrology officer from Director, exercising his powers or discharging his functions, or in consequence of anything done or Controller or legal attempted to be done by the Director or the Controller or any legal metrology officer in the metrology lawful exercise of his powers or djscharge of his functions as such, or whoever obstructs the officer. entry of the Director or the Controller or any legal metrology officer into any premises for

inspection and verification of any weight or measure or any document or record relating thereto, or the net contents of any packaged commodity or for any other purpose shall be punished with imprisonment for a term which may extend to two years and for the secon'd or subsequent offence, with imprisonment for a term which may extend to five years.

Penalty for 41. (1 ) Whoever gives any information to the Director, the Controller or any legal ' giving false metrology officer, which he may require or ask for in the course of his duty, and which such

lnforlnatlol' Or person either knows or has reason to believe to be false, shall be punished with fine which false return.

may extend to five thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to six months and also with fine.

(2 ) Whoever, being required by or under this Act so to do, submits a return or maintains any record or register which is false in material particulars, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY -

11 --

42. The Director, the Controller or any legal metrology officer, exercising powers under Vexatlous this Act or any rule made thereunder, who knows that there are no reasonable grounds for so ~earc l l

doing, and yet-

(a) searches, or causes to be searched, any house, conveyance or place; or

(b) searches any person; or

(c) seizes any weight; measure or other movable property; L

shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both.

43. Where the Controller or any legal metrology officer exercising powers under this Ac! or any rule made thereunder, wilhlly verifies or stamps any weight or measure, in contravention ofthe provisions ofthis Act or of any rule made thereunder, he shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both.

44. (1) Whoever-

(i) counterfeits any seal specified by or under ,this Act or the rules made thereunder, or

Penalty for verif~cation In c o n t ~ a v e i l t ~ o n of Act and rules

Penalty for counterfe~ting of seals, etc

( i i ) sells or otherwise disposes of any counterfeit seal, or

(ii i) possesses any counterfeit seal, or /

( I V ) counterfeits or removes or tampers with any stamp, specified by o r under this Act or rules made thereunder, or

(v) affixes the stamp so removed on, or inserts the same into, any other weight or measure,

shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less thansix months but which may extend to five years.

Explanation.-In this sub-section , "counterfeit" shall have the meaning assigned to 45 of 1860 it in section 28 of the Indian Penal Code.

(2) Whoever obtains, by.unlawhl means, any seal specified by or under this Act or the, rules made thereunder and uses, or causes to be used, any such seal for making any stamp on any weight or measure with asview to representing that the stamp made by s~ ich seal is authorised by or under this Act or the rules made thereunder shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsGuent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.

(3) Whoever, being in lawful possession of a seal specified by or under this Act or the rules made thereunder, uses, or causes to be used, such seal without any lawful authority for such use, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.

(4) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon a counterfeit stamp, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.

45. Whoever, being required to obtain a licence under this Act or the rules made Penalty for thereunder, manufactures, without being in possession of a valid licence, any weight or lnanufactllre

of we~glit and measure, shall be punished with fine which may extend to twenty thousand rupees arid for lneasure the second or subsequent offence, with imprisonment for a term which may,extend to one without year, or with fine, or with both. I~cence

12 THE GAZETTE OF INDIA EXTRAORDIIVARY [PART 11- -- --- ---

Penalty 1'01 46. Whoever, being required to obtain a licence under this Act or the rules made i I lcllalr, sale, thereunder repairs or sells 01. offers, exposes or possesses for repair or sale, any weight or I

etc.. of welglit and lneasure

measure, without being in possession of a valid licence, shall be punished with fine which without may extend to five thousand rupees and for the second or subsequent offence, with licence imprisonment for a term which may extend to one year, or with fine, or with both.

Penalty for 47. Whoever alters or otherwise tampers, with any licence issued or renewed under tamperLng with this Act or rules madc thereunder, otherwise than in accordance with any authorisation made licence. by the Controller in this behalf, shall be punished with fine which may extend to twenty

thousand rupees, or with imprisonment for a term which may extend to one year or with both.

Compoundlag 48. ( I ) Any offence punishable under section 25; sections 27 to 39, sections 45 to 47, of offences or any rule made under sub-section (3) of section 52 may, either before or aRer the institution

of the prosecution, be compounded, on payment for credit to the Government of such sum as may be prescribed.

(2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of section 52.

(3) The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 3 1, sections 33 to 37, sections 45 to 47, and any rule made under sub-section (3) of section 5 i :

u 3 4 Provided that such sum shall not, in any case, exceed the maximum amount ofthe fine,

which may be imposed under this Act for the offence so compounded.

(4) Nothing in sub-section (I) shall apply to person who commits the same or similar offence, within a period ofthree years from the date on which the first offence, committed by him, was compounded.

Explanation.-For the purposes ofthis sub-section, any second or subsequent offence committed after the expiry of a period of three years from t ly date on which the offence was previously compounded, shall be deemed to be a first offence.

(5) Where an offence has been compounded under sub-section (I), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded.

(6) ~ d o f f e n c e under this Act shall be compounded except as provided by this section.

Offences by co~ilpanies and power of cotlrt to publish name, place, of busmess, etc . for companies

convicted

49. ( I ) Where an offence under'this Act has been committed by a company,-

(a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereinafter in this section referred to as a person responsible); or

(ii) where no person has been nominated, 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; and

(b), the company, '

shall be deemed to be guilty of the offence and shall be liable to be proceeded against and I

punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his k~lowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) Any company may, by order in writing, authorise any of its directors to exercise all such powers and take all such steps as may be necessary or expedient to. prevent the commission by the c o m p a ~ ~ y of any offence under this Act and may give notice to the Oirector or the concerned Controller or any legal metrology officer authorised in this behalf

SEC. 11 THE GAZETTE OF lND1A EXTRAORDlNARY 13

by such Controller (hereinafter in this section referred to as the authorised officer) in such form and in such manner as may be prescfibed, that it has nominated such director as the person responsible, alongwith the written consent of such director for being so nominated.

Explanation.-Where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub- section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the p,erson responsible in respect of such establishment, branch or unit.

(3) The person nominated under sub-section (2) shall, until--

( i ) further notice cancelling such nomination is received from the company by the Director or the concerned Controller or the authorised officer; or

(ii) he ceases to be a director of the company; or

(iii) he makes a request in writing to the Director or the concerned Controller or the legal metrology officer under intimation to the company, to cancel the noinination, which request shall be complied with by the Director or the concerned Controller or the legal metrology officer,

whichever is the earliest, continue to be the person responsible:

Provided that where such person ceases to be a director of the company, he shall intimate the fact ofsuch cessation to the Director or the concerned Controller or the authorised officer:

Proyided further that where such person makes a request under clause (iii) the Director or the concerned Controller or the authorised officer shall not cancel such nomination with effect from a date earlier than the date on which the request is made.

(41, Notwithstanding anything contained in the foregoing sub-sections, where an offence under this Act has been coinmitted by a company and it is ptoved that the offence has been committed with the consent or connivance of, or is attributable to the neglect on the part of, any director, manager, secretary or other officer, not being a person nominated under sub-section (2), such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be lialhe to be proceeded against and punished accordingly.

(5) Where any company is convicted under this Act for contravention of any of the provisions thereof, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspaper or in such other manner as the court may direct.

(6) No publication under sub-section (5) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of.

(7) The expenses of any publication under sub-section (5) shall be recoverable from the company as if it were a fine imposed by the court.

Explanation.-For the purposes of this section,-

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm but excludes nominated directors, honorary directors, Governtn~nt nominated directors.

50. (1) Subjcct to the provisions of sub-section (2), an appeal shall lie,-

(a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by the legal metrology officer appointed under section 13, to the Director;

Appeals.

P r o v ~ s ~ o i ~ s of Indian Penal Code and Code of Crunlnal Procedure not to apply Power of the Central Government to make rules

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11- --

(6) from every decision or order made by the Director of Legal Metrology under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52, to the Central Government or any officer specially authorised in this behalf by that Government:

(c) fiom every decision given by the Controller ofLegal Metrology under delegated powers of Director Legal Metrology to the Central Government;

(cl) from every decision given or order made under sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to 47 or any rule made under sub-section (3) of section 52 by any legal lnetrology officer appointed under section 14, to the Controller; and

I

( e ) from every decision given or order made by the Controller under sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to 47 or any rule made under sub- section (3) of section 52 not being an order made in appeal under clause (cl), to the State Government or any officer specially authorised in this behalf by that Government.

(2) Every such appeal shall be preferred within sixty days from the date on which the impugned order was made:

Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days.

(3) On receipt ofiany such appeal, the appellate authority shall, after giving the parties to the appeal, a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the decision or order appealed against or may send back the case with such direction as it inay think fit for a fresh decision or order after taking additional evidence, if necessary.

(4) Every appeal shall be preferred on payment of such fees, as may be prescribed.

(5) The Central Government or the State Government, as the case may be, may on its own motion or otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or, order and may pass such orders thereon as it may think fit:

Provided that no decision or order shall be varied under this sub-section so as to prejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed action.

51. The provisions of the Indian Penal Code and section 153 of the Code of Criminal Procedure, 1973 in so far as such provisions relate to offences with regard to weight or measure, shall not apply to any offence which is punishable under this Act.

52. (1) The Central 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 inay provide for all or any ofthe following matters, namely:-

(a) the specification of the base units of measures and base unit of mass under sub-section (2) of section 5;

(6) the manner of preparation of objects and equipments under sub-section (3) of section 7:

(c) physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7;

(4 reference standards, secondary standards and working standards of weights and measures under sub-section (I) of section 9;

SEC. I ] / THE GAZETTE OF INDIA EXTRAORDINARY 15

( e ) reference standards, secondaiy standards and working standards ,shall be verified and stamped and the fee under sub-section (2) of section 9;

V) the weight or measure or number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section 10;

(g) the qualifications of the Director and legal inetrology officers under sub- section (2) of section 13;

(h) the qualification of the Controller and legal metrology officers under sub- section (2) of section 14;

(I) the manner of disposal of goods under sub-section (3) of section 15;

0.) the standard quantities dr number and the manner in which the packages shall bear the declarations and the particulars und\er sub-section (1) of section 18;

(k) the manner and registration and the fee under section 19;

(I) the management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in prder to be eligible for admission thereto under sub-section (2) of section 2 1 :

( m ) the manner, fee and authority for approval of models under section

(n) the kinds of weights or measures urider sub-section (2) of section 24;

(0) the manner in which, terms and conditions on which and fee which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24;

(p) the qualifications and experience of persons appointed or engaged and the fee and terms and conditions on which Government approved Test Centre shall verify the weight or measure under sub-section (4) of section 24;

(q) the error in net quantity under sub-section (2) of section 36;

(r) fee for compounding of offence under sub-section (1) of section 48;

(s) form and manner in which notice to the Director or the Controller or any other officer authorised by him shall be given under sub-section (2) of section 49.

(3) In making any rule under this section, the Central Government inay provide that a breach thereof shall be punishable with fine which inay extend to five thousand rupees.

(4) Every rule made by the Central Government under this Act shall be laid, as soon as inay 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 sholild 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.

53. (1) The State Government may, by notification, and after consultation with the Central Government, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any ofthe following matters, namely:-

( a ) the time within which the weight or measure may be got verified under provsio to sub-section (1) of section 16;

(6 ) registers and records to be maintained by persons referred to under sub- section (1) of section 17;

(c) the form, manner, conditions, period, area ofjurisdiction and fees for issuance of licence under sub-section (2) of section 23;

Power of State Government to make rules.

Delegation of Powers.

Act not to apply in certain cases.

16 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11--

(d) fee for verification and stamping of any weight or measure under sub-section (I) of section 24;

(e) manner of notifying Government approved Test Centre, terins and conditions and fee to be paid under sub-section (3) of section 24;

Cfl fee for compounding of offences under sub-section (I) of section 48.

(3) In making any rule under this section, the State Government may provide that a breach thereof shall be punishable with fine which nlay extend to five thousand rupees.

(4) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication in Official Gazette.

(5) Every rule made under this section shall, as soon as may be after it is made, be laid before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House.

54. (1) The Central Government may, in consultation with the State Government and by notification, direct that any power exercisable by it under this Act or any rule made there- under, not being a power conferred by section 50 relating to appeal or section 52 relating to power to make rules, in relation to such matters and subject to such conditions as may be specified, may be exercised also by such officer subordinate to it as may be specified in the notification.

(2) Subject to any general or special direction or condition imposed by the State Government, any person authorised by the Central Government to exercise any powers may exercise those powers in the same inanner and to the s3me extent as if they had been< conferred on that person directly by this Act and not by way of delegation,

55. The provisions of this Act, in so far as they relate to verification and stainping of weights and measures, shall not apply to any weight or measure,-

(a) used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the use of the Armed Forces of the Union;

(b) used for scientific investigation or for research; 1 (c) manufactured exclusively for export.

Exlsting 56. (1) Every Director, Controller and legal metrology officer appointed immediately D~rector , before the commencement of the rules made under this Act, shall be deemed to have been Controller and legal appointed under sub-section (I) of sections 13 and 14, notwithstanding any rule prescribing lnetrolosy different qualifications. officer not to be affected by (2) The rules made by a State Government under the Standards of Weights and the new Measures (Enforcement) Act, 1985 which are in force immediately before the commencement quallficat~on to he of this Act shall remain in force until the State Government, makes rules in that behalf.

, ", prescribed.

Repeal of the 57. (1) The Standards of Weights and Measures Act, 1976 and the Standards of Standards Of Weights and Measures (Enforceinent) Act, 1985, is hereby repealed. We~ehts and - Measures Act, 1976 and (2) Without prejudice to the provisions contained in the General Clauses Act, 1897, stal1dards of with respect to repeals, any notification, rule or order made under the Standards of Weights Weights and and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Measures Act, 1985, shall, if in force, at the coinmencement ofthis Act, continue to be in force and have (Enforcement) Act, 1985 effect as if it was made under the corresponding provision of this Act.

SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 17 --- --

(3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given ~lnder such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given underthe corresponding provisions of this Act.

V. K. BrnSIN, Secy, to the Govt. of India.

-. -

PRINTED BY THE GENERAL MANAGER, GOVT OF INDIA PRESS, MlNTO ROAD. NEW D E I M AND I'UBLISHED BY THE CONTROLLEU OF PUBLICATlOIU'S. DhLHI-2010

REGISTERED NO. DL-(N)04/0007/2003-09

EXTRAORDINARY m TI-xFG1 .

I PART I! -- - Section 1 ~m~~

PLBLISHED BY AUTHOFUTY

Ti0 31 f ?Xd , 93RTK1 22, 2010 /2 ml 1931 No. 31 NEW DELHI, FRIDAY, JANUARY 22,2010 I 2 Magha, 1931

r n o r m 3 ~ p s a m * m B m f g i ~ m ~ * i ; ~ ; s 3 w r ~ * l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 22nd January, 20 1 O/Magha 2, 193 1 (Saka) . The following Act of Parliament received the assent of the President on the 2 1 st January, 20 10, and is hereby published for general information:-

(AMENDMENT) ACT, 2009

(N0.20~2010)

[2lstJanwrry,2010.] .

An Act further to amend tfie3alaries and Allowances of Ministers Act, 1952.

BE it enacted by Parliament in the Sixtieth Year ofthe Republic of India as follows:-

1. (1) This Act may be called the Salaries and Allowances of Ministers (Amendment) Short t~ t le and

Act, 2009. commencement

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

Amendment 2. In section 6 of the Salaries and Allowances of Ministers Act, 1952, for sub-section of sectlo11 6 of 5 8 of (IA), the following sub-section shall be substituted, namely:- 1952 "(1A) A Minister shall be entitled to an amount equal to the fare for a single

journey performed by him, during each year, within India, either alone or along with spouse or legitimate or step children, residing with and wholly dependent on him. or any number ofcoinpanions or relatives, at the same rates at which travelling allowance is payable to such Minister under clause (b) of sub-section (I) in respect of tours referred to in that clause, subject to a maximum of forty-eight such fares per year:,

/ I - - s provided that t ~ e spouse or legitimate of step chilhren residing with and wholly " "6 .- - ,&>. .

' - dep66d4iit oh the as the'case may be,rmay undertake such journey alone.".

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHl 4ND PUBLISHED BY THE CONTROLLER bF PUBLlCATIONS, DELHI-2010

TI+$ Xio do ~ ~ ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - - 0 9 REGISTERED NO. DL-(N)04/0007/2003-09

mm EXTRAORDINARY

S T m Z I - ~ l PART TI - Section 1 5nfm*m

PTBLISHED BY AUTHORITY

' Ti0441 ;If f$Htl 9 m 1 TF& 22,2010 12 4m, 1931 No. 41 NEW DELHI, FRIDAY, JANUARY 22,2010 I 2 Magha, 1931

w m 4 E i ~ * * & % m f $ ; ~ m ~ d : w ~ ~ ~ l l ~ i l T l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 22nd Januaiy, 20 1 O/Magha 2, 193 1 (Saka)

The following Act of Parliament received the assent of the President on the 2 1st January, 201 0, and is hereby published for general information:-

THE CIVIL DEFENCE (AMENDMENT) ACT, 2009 . (NO. 3 0~2010)

[2lstJanuay, 2010.1

An Act further to amend the Civil Defence Act, 1968.

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

1. This Act may be called the Civil Defence (Amendment) Act, 2009. Short title.

27 of 1968. 2. In section 2 ofthe Civil Defence Act, 1968,- ~mendment of section 2.

( i ) in clause (a), after the words "time of such attack", the words "or any measure taken for the purpose of disaster management, before, during, at, or after any disaster" shall be inserted;

( i i ) after clause 0, the following clauses shall be inserted, namely:-

'(g) "disaster" means a disaster as defined in clause (4 of section 2 of the 53 of 2005. Disaster Management Act, 2005;

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. I]

(h) "disaster managementy' means the disaster management as defined in clause (e) of section 2 of the Disaster Management Act, 2005.'. 53 of 2005.

. .

ra

PRINTED BY THE GENERAL MANAGER, GOVT OF INDIA PRESS, MINT0 ROAD. NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS. DELHI-2010.

ORDINARY w I I - m l

PART lI - Section 1 mfm*-smfm

PUBLISHED BY AUTHORITY

uo 51 T$ m, ?@XR, TTd? 22, 2010 I 2 Srs, 1931 No. 51 NEW DELHI, FRIDAY, JANUARY 22,2010 / 2 Magha, 1931

3 ~ 1 r n ~ f ~ p a a r n 3 ~ 3 M % % r n ~ f w ~ ~ ~ ~ I Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 22nd January, 20 1 O/Mogha 2, 193 1 (Saka)

The following Act of Parliament received the assent of the President on the 21st January, 2010, and is hereby published for general information:-

THE RLBBER (AMENDMENT) ACT, 2009 (No. 4 OF 20 10)

[2 1 st January, 20 10 .]

An Act fbrther to amend the Rubber Act, 1947.

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

1. (I) This Act may be called the Rubber (Amendment) Act, 2009. Short title and commencement

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

24 of 1947 2. In section 3 of the RubberAct,1947 (hereinafter referred to as the principal Act),- Amendment of sectioil 3

(a) after clause (g), the following clause shall be inserted, namely:-

, 'jga) "processor" means a person who undertakes the processing of rubber;' ;

(b) in clause (k), for the words "fifty acres", the words "ten hectares" shall be substituted.

2 THE GAZETTE OF INDIA EXTRAORDINARY PART II- . 1 I k ~

Amendment of' 3. In the principal Act, in section 4 , in sub-section (3), after clause (d) , the following sectlon 4 clause shall be inserted, namely:- e 1

"(da) three members to be nominated by the central Government of whom two shall be from the Department of Commerce and one fiom the Department of Agriculture and Co-operation;". I

Amendment of 4. In the principal Act, in section 8,- ' .+- w

section 8 (i) in sub-section (2),-

(a) after clause (4, the following clause shall be inserted, namely:-

"(da) improving the quality of rubber and implementing the standards for quality, marking, labelling sand packing for the rubber produced or processed in, imported into or exported from, India;";

(b) in clause (e), for the words "and manufactures", the words "manufacturers and pr'ocessors" shall be substituted;

(ii) in sub-section (3), in clause (c), for the words "half-yearly reports", the words "annual reporf' shall be substituted.

Substitut~ol~ of 5. In the principal Act, for sections 9, 9A and 9B, the following section shall be new sectloll for substituted, namely:- sections 9, 9A and 9B.

Rubber "9.(1) There shall be a fund to be called the Rubber Development Fund and Development there shall be credited,- Fund.

(a) all sums forming the funds of the Board immediately before the commencement ofthe Rubber (Amendment) Act, 2009;

(b) the proceeds of cess paid to the Board by the Central Govemnient under sub-section'(7) of section 12;

(c) any sum of money that may be paid to the Board by way of grants or loans by the Central Government;

(4 internal and extra budgeta6 resources of the Board;

(e) all moneys received and collected under section.26A; and

(f) any other sum that may be levied and collected under this Act and the rules made thereunder.

(2) The Rubber Development Fund shall be applied-

(a) to meet the expenses of the Board;

: (b) to ineet the cost of the measures referred to in section 8;

(c) to meet the expenditure incurred in the performance of its functions under this Act or the rules made thereunder;

(4 to meet the expenditure for rehabilitation of small growers; and

(e) for making such grants to rubber estates or for nieeting the cost of such other assistance to rubber estates as the Board may think necessary for the development of such estates.".

Omlsslon of 6. Section 10 of the principal Act shall be omitted. sect~on 10.

Amendment 7. In the principal Act, in section 12,- of section 12.

( i ) in sub-section (2),-

(a) for the words "such rubber is used.", the words "such rubber is used or fiom the exporter by whom such rubber is exported:" shall be substituted;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3

(b) the following provisos &all be inserted, namely:-

"Provided that the Central Government may, if considered necessary in the public interest, by order for reasons to be recorded in writing, exempt or reduce the duty of excise on rubber exported on such terins and conditions as it deems fit:

Provided further that the Central ~o"ernment may, by notification in the Official Gazette, specify zero paisa per kilogram as the rate of duty of excise on natural rubber produced in India and procured for export by the exporters of natural rubber for the period from the 1 st April, 196 1 to the 3 1st August, 20903 .";

(ii) for sub-section (3), the following sub-section shall be substituted, namely:-

"(3) Subject to the provisions of this Act, every owner, exporter or the manufacturer, as the case may be, shall pay the duty of excise to the Board in the manner and for the period referred to in sub-section (4) and, if he fails to do so, the duty may be recovered with the cost of collection and interest at such rates, as may be prescribed, from the owner, exporter or the manufacturer, as the case may be, as an arrear of the land revenue.";

(iii) in sub-section (4) in clause (b), -

(a) for the words "fifteen days", the words "thirty days" shall be substituted;

(b ) in sub-clause (ii), for the words "rubber used", the words "rubber acquired" shall be subltituted;

(iv) in sub-section (5),-

(a) for the words "owner or manufacturer", the words "owner, exporter or manufacturer" shall be substituted;

(b) after the words "as may be prescribed", the following shall be inserted, namely:-

"and collect the cess from the owner, exporter or the manufacturer, as the case may be, after issuing a notice and after making such enquiry as it considers necessary, with such rate of interest as fixed under sub- section (3):

Provided that where for any reason, the Board finds that an owner, exporter or manufacturer, as the case may be, has paid cess in excess of what is due from him, it shall be adjusted against,the hture payment, if any, from him or shall be refunded to him.".

8. In the principal Act, in section 13, in sub-section (I), after the words "The Central Amendment of

Government may", the words " , if it deems necessary," shall be inserted. section 13

9. In the principal Act, for section 17, the following section shall be substituted, Substitution of

namely:- / new section for sectlon 17.

"1 7. (1) The Board shall implement the standards for quality, marking, labelling Implementation and packing for various marketable forms of rubber, for the rubber produced or standards

for quality, processed in, imported into or exported from, India. mark~ng, etc ,

for rubber

4 THE GAZETTE OF lNDlA EXTRAORDINARY -- [PART II-

I

(2) Any officer of the Board authorised by the Chairman may at any reasonable 1

time inspect the r~lbber sold or purchgsed by any dealer or processor at any factory ,

or other premises of a dealer, processor or manufacturer or expofler for the purpose I

of ensuring the compliance of the standards under sub-section (I).".

O ~ n ~ s s ~ o n of 10. section 18 of the principal Act shall be omitted. , section 18

Amendment of 11. In the principal Act, in section 19, for the words..-a%d figures "section f 5 or section 19. section 17". the words and figures "or section 15'' shall be substituted.

- Amendment of 12. In the principal Act, in section 21,- sectlon 21 -- ( a ) for the words "any officer of the Board ma~" . the xx?r.j: ",,ly ~ l l ~ c e r of

authorised bv th? rhni:::;,l may* ;hall be substituted;

(b) for the words "manufacturer, for", the words "manufacturer or processor, for" shall be substituted.

Insertion of new 13. In the principal Act, after section 22, the following section shall be inserted, sectloll 22A namely:-

Power of "22 A. ( I ) Without prejudice to the foregoing provisions of this Act, the Central Board shall, in the discharge of its fbnctions and duties under this Act, be bound Government to I S S U ~ by sych directions on questions of policy as the Central Government may give in directions to writing to it from time to time: Board.

Provided that the Board shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section.

(2 ) The decision of the Central Government whether a question is one of the policy or not shall be final." .

Insert~on of 14. In the principal Act, after section 24, the following section shall be inserted, new section 24A

Power to "24 A. The Central Government may, by notification in the Official Gazette, delegate direct that any power exercisable and functions performed by ,it under this Act may

be exercised and performed in such cases and subject to such conditions, if any, as may be specified in the notification by such officer or authority as may be specified therein.".

Amendment 15. In the principal Act, in section 25, in sub-section (2),- of section 25.

( a ) clause (xx) shall be omitted;

(b) after clause (xxa), the following clause shall be inserted, namely:-

"(xrb) the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under sub-section (3) of section 12,";

(c) in clause (xxi), the words and figures "or section 17" shall be omitted.

Insertion of 16. In the principal Act, after section 25, the following section shall be inserted, new section namely:- 25A.

Power to make "25A. ( I ) The Board may, with the previous approval ofthe Central Government, regulations. by notification make regulations, not inconsistent with the provisions of this Act

and the rules made thereunder, to carry out its functions.

(2 ) Every regulation made under sub-section (I) shall be laid before each House of Parliament.".

Amendment of 17. In the principal Act, in section 26, in sub-section ( I ) , for the words "one 26 thousand rupees", the words "five thousand rupees" shall be substituted.

SEC. I I THE GAZETTE OF INDIA EXTRAORDINARY 5

-fg

18. In the principal Act, after section 26, the following section shall be inserted, namely:-

"26A. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this Act may, either before the institution o f prosecution or with the permission of the Court after the insflition of the prosecution, be comp~unded by the Board on payment to the Board such sum of money as does not exceed the value of the goods in respect of which contravention has been committed.".

P

V. K. BHASIN, Secy. to the Govt, of India.

Insertion of new section 26A.

Con~pounding of offences.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010. .

1

mF$ * 790 ~ Q 3 ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10

/

EXTRAORDINARY mn--1

PART II - Section 1 *< ~*~ PUBLISHED BY AUTHORITY

' . Ti0 81 m, m, *23,2010 I * 2, 1932 No. 81 NEW DELHI, TUESDAY, MARCH 23,2010 1 CHAITRA2,1932

8

i i i r o ~ m 4 f ~ y ; l ~ * i t & ~ ~ * ~ r n ~ * ~ t m z i n & 1 . , Separate paging is givee to this Part in order that it may be filed as a separate compilation. -.

MINISTRY OFLAW AND JUSTICE (Legislative ~ e ~ a & m e n t )

~ e w elh hi, the 23rd March, 20 1 OIChaitra 2,1932 (Saka)

The following Act of Parliament, received the assent of the President onJhe 22nd March, 20 10, and is hereby published for general information:-

THE APPROPRIATION (RAILWAYS) VOTE ON ACCOUNT ACT, 201 0 . . No. 5 OF 2010

[22ndMarch, 20 10.1 *

An Act 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 201 0-1 1 for the purposes of Railways.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. This Act may be called the Appropriation (Railways) Vote on Account Act, 201 0. s h o n title.

2. From and out of the Consolidated Fund of India there may be withdrawn sums not Withdrawal of

exceeding those specified in column 3 of the Schedule amounting in the aggregate to the Rs.30461.31,06,000

sum of thirty thousand four hundred sixty-one crores, thirty-one lakhs and six thousand ~~~~~!~~d rupees towards defraying the several charges which will come in course of payment during Fund of India for

-the financial year 20 10-1 1, in respect of the services relating to Railways specified in the financial year column 2 of the Schedule. 2010-1 1.

3. The sums authnrised to be withdrawn from and out of the Consolidated Fund of Appropriation. India by @is Act shall be appropriated for the services ?nd purposes expressed in the

I I Schedule in relation to the said year.

t

2 - THE GAZETTE OF INDIA EXTRAORDINARY [PART II-- SEC: 11

THE SCHEDULE

1

No. of

Vote

1

2

3

4

5 .

6

7

8

9

10

11

12

13 '

. 14

15

16

I! K. BHASIN, Secy. to the Govt. of India.

1

PRINTED BY THE GENERAL MANAGER, GOVY OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE-CONTROLLER OF PUBLICATIONS DELHI-2010.

GMGIPMRND-1348GI(S5)-26-03-2010,

.r'

- I I

(See sections

2

Services and purposes ,

............................................................. Railway Board

.......................... Miscellaneous Expenditure (General)

General Superintendence and Services on Railways ..... Repairs and Maintenance of Permanent

Way and Works ......................................................... Repairs and Maintenance of Motive Power ................. Repairs and Maintenance of Carriages and Wagons ..... Repairs and Maintenance of Plantand Equipment ...... Operating Expenses-Rolling Stock and Eqbipment ..., Operating Expenses-Traffic ....................................... Operating Expenses-Fuel .... : ......................................

........................................ Staff Welfare andheni t ies

Miscellaneous Working Expenses ............................. Provident Fund, Pension and other Retirement

Benefits .................................................................. Appropriation to Funds ............................................... Dividend to General Revenues, Repayment of loans

taken from General Revenues and Amortisation of Over-Capitalisation ..................................................

Assets-Acquisition, Construction and Replacement- Revenue .......................................... .,.:.. ....................

Other Expenditure

Capital .......................................................................... Railway Funds ...........................................................

................................................... Railway Safety Fund

Total : ...............................................

2 and 3)

3

Voted by Parliament

Rs.

28,33,33,000

100,00,00,000

700,61,43,000

1192,75,17,000

558,08,92,000

1254;20,27,000

677,17,42,000

934,08,42,000

3 178,79,46,000

2629,68,69,000

552,59,15,000

5 15,54,09,000

2402,91,60,000

4213,84,83,000

'4,28,83,000

9,96,67,000

7689,49,65,000

3506,53,00,000

283,06,67,000

3043 1,97,60,000

Sums not exceeding

Charged on the Consolidated Fund

Rs.

88,333

7,14,000

1,00,000

52,500

4 ,2833

19,70,21,167

10,75,000

3,33,333

7,75,00,000

1,33,66,667

26,64667

29,33,46,000

Total

Rs.

28,33,33,000

100,00,00,000

700,62,3 1,333

1192,82,31,000

558,08,92,000

1254,21,27,000

677,17,94,500

934,08,42,000

3178,83,74,333

2629,68,69,000

552,59,15,000

535,24,30,167

2403,02,35,000

4213,84,83,000

4,28,83,000

10,00,00,333

7697,24,65,000

3507,86,66,667

283,33,33,667

30461,3 1,06,000

' I

i

uo 30 ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 + 0 REGISTERED NO. DL-(N)04/0007/2003-10

,

1

I

I > !

I I I

mm EXTRAORDINARY I

i , m u - m i I I

PART II - Section 1 I ,

I ~*~ PUBLISHED BY AUTHORITY

I

Ti0 91 *MI 6, d 23,2010 / % 2,1932 1 NO. 91 NEW DELHI, TUESDAY,MARCH 23,2010 / CHAITRA2,1932

I r c r , m r t ~ ~ ~ ~ * ~ t m ~ ~ J T f n ~ * w i i w ~ [ 8 9 : 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

I C* bc

I I MINISTRY OF LAW AND JUSTICE

1 (Legislative Department)

i New Delhi, the 23rdMarch, 2010lChaitra 2,1932 (Saka) f

The following Act of Parliament recei;ed the assent of the President o? the' 22nd March, 2010, and is hereby published for general information:- -,

THE APPROPRIATION (RAILWAYS) ACT, 20 1 0

i , No. 6 OF 201 0

[22ndMarch, 2010.1

An Act to provide for the authorisation tapp prop ria ti on of moneys out of the . ' I Consolidatecj Fund of India to meet the amounts spent on certain services ;I for the purposes of Railways during the financial year ended on the 3 1 st day 1 . of March, 2008 in excess of the qounts granted for those services and for 1) that year.

BE it enacted by Parliament in the Sixty-fxst,Year ofthe Republic ofIndia as follows:- I I

1. This Act may be called the Appropriation (Railways) Act, 2010. Short title

I 2. From and out of the Consolidated Fund of India the sums specified in column 3 of Issue of I Rs. 51,21,80,383 the Schedule amounting in the aggregate to the sum of fifty-one &ores, twenty-one lakhs, out of the

eighty,thousand three hundred and eighty-three rupees shall be deemed to have been consolidated authorised to be paid and applied to meet the amounts spent for defraying the charges in Fund of India to

, L respect of the services relating to Railways specified in column 2 of the Schedule during the meet certain I expedditure for I ' financial year ended on the 31st day of March, 2008 in excess of the amounts granted for the financial ,

those services and for that year. year ended. on the 31st day of : 1: ~arch, '2008.

t , *

I i b ' t '.

[ j

THE SCHEDULE \ (See sections 2 and 3) ,

PRINTED B,Y THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND

$ PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010. a 1 GMGIPMRND--1349Gl(S5)--26-03-2010.

1

No. of Vote

5

6

4

10

12 .

13

15

16

-

V. K. BHASIN, 1. Secy. to the Govt. of India.

2

Services and purposes

Repairs and Maintenance of Motive ................................................... Power

Repairs and .Maintenance of Carriages and Wagons .................................................

Operating Expenses - Rolling Stock and Equipment ............................................

Operating Expenses -Fuel ..................... Miscellaneous Working Expenses ........... Provident Fund, Pension and other

Retirement Benefits .............................. Dividend to General Revenues,

Repayment of loans taken fiam General Revenues apd Amortisation of Over- Capitalisation .......................................

Assets-Acquisition, Construction and' ,

Replacement-

Capital ................................................. Railway Funds .................................... Railway Safety Fund ...........................

T i :

3

Sums

Voted by Parliament

Rs.

F

2232,94,567

20,80,86,212

. . .

43,13,80,779

not exceeding

Charged on the Consolidated Fund

Rs. 3

3,04,000

2,79,469 '

12,93,043

6,98,48,342

9,66,805

. -

21,02,493

30,34,076

29,71,376

8,07,99,604

Total

Rs. .

3,04,0oo

2,79,469

12,93,043

6,98,48,342

22,32,94,567

9,66,805

20,80,86,2 12

-- 2 1,02,493

3034,076

29,71,376

5 1,21,80,383

, /

do $to ~--f~)04/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003-10 i

\

\

m Zhe Ga~ette of 'Wia

mm EXTRAORDINARY '

m 1 1 - m 1 PART IT - Section 1 ~*~

PUBLISHED BY AUTHORITY

Tio 101 f$ldt, m, Wd 23, 2010 / * 2, 1932 No. 101 NEW DELHI, TUESDAY, MARCH 23,20 10 I CHAITRA 2,1932

w o r m * M ~ ~ B ~ B ~ & ~ m ~ ~ w * ; ~ ' i ~ . j l l ~ ~ Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OFLAWAND JUSTICE (Legislative Department)

<

New Delhi, the 23rd March, 20 10IChaitra 2,1932 (Saka)

The following Act of Parliament received the assent of the President on the 22nd March, 2010, and is hereby published for general information:- I

% 1 THE APPROPRIATION (RAILWAYS) No. 2 ACT, 20 1 0 (No. 7 OF2010) .

[22ndMarch, 2010.1 i

An Act to authorise payment and appropriation of certain further sums fiom and out of the Consolidated Fwd of India for the services of the financial year 2009-1 0 for the purposes of Railways.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. This Act may be called the Appropriation (Railways) No.2 Act, 2010. Short title.

2. From and out ofthe Consolidated Fund of India there may be paid and applied sums Issue of

not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the RS 5310>62,7503) of the . sum of five thousand three hundred ten crores, sixty-two lakhs and seventy-five thousand ~ ~ n s o , i d a t e d

rupees towards defraying the several charges which will come in course of payment during Fund of ~ ~ d i ~ the financial year 2009-1 0, in respect ofthe services relating to Railways specified in column for the fmancial

2 of the Schedule. year 2009-10.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund Appropriation.

of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

6

I

, I

v

,

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

THE SCHEDULE

1

No. of

Vote

3

4

5

6

7

.8

9

10

11

12

13

15

16

V. K. BHASY, Secy. to the Govt. of India.

\ - --

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010.

GMGIPMRND-1350GI(S5+26-03-2010.

B

(See

2

Services and purposes

General Superintendence and Services on Railways .....................................................

Repairs and Maintenance of Permanent Way and Works .....................................................

Repairs and Maintenance of Motive Power..

Repairs and Maintenance of Carriages and .................................................... Wagons.

Repairs and Maintenance of Plant and Equipment. ................................................

Operating Expenses -Rolling Stock and ................................................. Equipment..

Operating Expenses-Traffic ...................... .......................... Operating Expenses-Fuel

Staff Welfare and Amenities ....................... Miscellaneous Working Expenses ......... Provident Fund, Pension and Other

Retirement Benefits ............................ ,.... Dividend to,General Revenues, Repayment

of loans taken from General Revenues and Amortisation of Over-Capitalisation ..........

Assets-Acquisition, Construction and Replacement-

Capital ........................... .. ............................ Tow:

sections 2 and 3) -. 3

Voted by Parliament

Rs.

195,84,87,000

53 1,80,14,000

8 1,65,78,000

267,03,28,000

3 12,16,44,000

684,69,19,000

638,24,89,000 '

195,64,33,000

>

1133,52,32,000

59,61 ,00,000

1 167,70,00,000

5267,92,24,000

, Sums not exceeding

Ch~rged on the Consolidated Fund

Rs.

9,10,000

73,50,000

6,000

36,40,000

9,71,000

2,25,36,000

3,65,000

23,47,48,000

J ~ , ~ ~ , o o o

15,50,00,000

42,70,51,000

,

Total

Rs.

195,93,97,000

532,53,64,000

81,65,78,000

267,03,34,000

3 12,16,44,000 .

685,05,59,000

638,34,60,000 ,

2,25,36,000

195,67,98,000

23,47,48,000

1 133,67,57,000

59,61 ,00,000

1 183,20,00,000

5310,62,75,000

C $4-@ Ti" ft. ~~(~)04/0007/2003-10 REGISTERED NO. DL- (N)04/0007/2003--10 :,

-/

/. : t t

1

C"' Zhe Gasette of Wta mm

EXTRAO~DINARY m I I - a w l

PART 1T - Sectfon 1 m*m

PUBLISHED BY AUTHORITY

d o 111 T$ MI Wf 23, 2010 / 2, 1932 No. 111 NEW DELHI, TUESDAY, MARCH 23,2010 / CHAITRA 2,1932

w o r r n ~ m p a a ~ * * % m % ~ m ~ * w ~ ~ ~ ~ j n . * l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 23rd March, 20 1 OIChaitra 2, 1932 (Saka)

The following Act of Parliament received the assent of the President on the 22nd March, 2010, and is hereby published for general information:-

THE APPROPRIATION (VOTE ON ACCOUNT) ACT, 20 10 (No. 8 OF 2010)

[22ndMarch, 2010.1

An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund of India for the services of a part of theJinanciaE

year 2010-1 1.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

I. This Act may be called the Appropriation (Vote on Account) Act, 2010. Short title

2. From and out of the Consolidated Fund of India there may be withdrawn sums not Withdrawal of exceeding those specified in column 3 ofthe Schedule amounting in theaggregate to the sum Rs8~5637,83,@3,000 of eight lakh thirty-five thousand six hulidred thirty-seven crores and eighty-three lakh f 'm thrd Out

rupees towards defraying the several charges which will come in course of payment during Consolidated the financial year 201 0-1 1. Fund of India

for the financial year 2010-11.

3. The sums a~thorised to be withdraw from and out of the Consolidated Fund by Appropria'tion. this Aci shall be appropriated for the services and purposes expressed in the Schedule in reiation tc the said year.

4. Refzreilcr, to the MLihtries o: Departments in the Schedule are to such Ministries Construction or I)epartr.~ents as existing immediately oefore the 7th Saptember, 2009 and shall on or after of references to

Mintstr~es or that date be construed as refeioaces to the appropriate Ministries or Departments as Depanlnenti constituted from time lo Irme. the Schedule.

1

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-2 I i - 1

1

No. of Vote

1

2

3

4

5

'6

7

8

9

10

11-

12

13

14

15

16

17

18

19

20

2 1 22 23 24 25 26 27 28

*>\ THE ( See sections

2

Services and purposes

Department of Agriculture and Cooperation. . . . Revenue Capital

Department of Agricultural Research and .............................. Educat~on Revenue

Department of Animal Husbandry, Dairying and Fisheries.. . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Atomic Energy.. . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Nuclear Power Schemes. . . . . . . . . . . . . . . . . . . . . Revenue

Capital Department of Chemicals and Petrochemicals. . Revenue

Capital Department of Fertilisers ................... Revenue

Capital Department of Pharmaceuticals ..................... Revenue

Capital Ministry of Civil Aviation. .................. Revenue

Capital Ministry of Coal .......................... Revenue

Capital Department of Commerce .................. Revenue

Capital Department of Industrial Policy and Promotion Revenue

Capital Department of Posts . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital +

Department of Telecommunications.. ........ Revenue Capital

...... Department of Information Technology Revenue Capital

Department of Consumer Affairs ............. Revenue Capital

Department of Food and Public Distribution . . . Revenue Capital

............... Ministry of Corporate Affairs Revenue . Capital

Ministry of Culture ........................ Revenue Capital

Ministry of Defence ....................... Revenue Capital

Defence Pensions. ......................... Revenue Defence Services - Army .................. Revenue Defence Services - Navy. .................. Revenue Defence Services - Air Force ............... Revenue Defence Ordnance Factories . . . . . . . . . . . . . . . . . Revenue Defence Services - Research and Development Revenue ' Capital Outlay on Defence Services.. ......... Capital Ministry of Development of North Eastern

Region. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

SCHEDULE 2 3 and 4 )

Voted by Parliament

Rs. 5038,13,00,000

13,98,00,000

604,23,00,000 t

291,60,00,000 1.92,00,000

80 1,66,00,000 481,42,00,000 597,l O,OO,OOO 241,73,00,000

65,55,00,000 4,45,00,000

16142,68,00,000 34,92,00,000 26,33,00,000

6,68,00,000 245,50,00,000 238,12,00,000 74,62,00,000

5,00,00,000 550,09,00,000 113,83,00,000 259,79,00,000

1,67,00,000 !888,11,00,000

54,93,00,000 1320,99,00,000

30,66,00,000 424,33,00,000

26,83,00,000 76,28,00,000

5,22,00,000 13777,45,00,000 10162,16,00,000

33,84,00,000 29,12,00,000

197,83,00,000 7,17,00,000

1874,32,00,000 196,95,00,000

4 166,63,00,000 10005,53,00,000

1575,63,00,000 2633,74,00,000 1998,34,00,000 876,64,00,000

14902,97,00,000

269,72,00,000 40,17,00,000

3

Sums not exceeding

' Charged on the Gonsolidated ~ u n d

Rs.

. .

17,00,000 17,00,000

. .

. .

. . .

. .

17,00,000 -

2,00,000

. .

. . 18.00.000

. .

4.00,OOO

4,00,000 . 2,84,00,000

21,00,000 21,00,000 25,00,000 10,00,000

6,13,00,000

Total

Rs. 5038,13,00,000

13,98,00,000

604,23,00,000

291,60,00,000 1,92,00,000

80 1,83,00,000 481,59,00,000 597,10,00,000 24 1,73,00,000

65,55,00,000 4,45,00,000

16142,68,00,000 34,92,00,000 26,33,00,000

6,68,00,000 245,50,00,000 238,12,00,000

74,62,00,000 5,00,00,000

550,26,00,000 113,83,00,~000 259,79,00,000

1,67,00,000 1888,13,00,000

54,93,00,000 1320,99,00,000

30,66,00,000 424,33,00,000

26,83,00,000 76,28,00,000

5,22,00,000 13777,63,00',000 10162,16,00,000

33,84,00,000 29,12,00,000

197,83,00,000 7,17,00,000

1874,36,00,QOO 196,95,00,000

4 166,67,00,000 10008,37,00,000

1575,84,00,000 2633,95,00,000 1998,59,00,000 876,74,00,000

1490Y,10,00,000

269,72,00,000 40,17,00,000

! SEC. 11 THE GAZETTE OF INDIA EXTRAORDMARY j 3

I 4

Total

Rs.

181,51,00,000 54,55,00,000

425,96,00,000 7,57,00,000

936,94,00,000 125,57,00,000

1136,85,00,000 308,40,00,000

5380,67,00,000 9887,50,00,000

41944,00,00,000

18484,78,00,000 1360,57,00,000

50,00,00,000 563777,43,00,000

14,55,00,000 1,20,00,000

2666,67,00,000 346,66,00,000

1,70,00,000 1853,68,00,000

13,00,000 474,16,00,000 279,83,00,000 457,21,00,000

44,03,00,000 10,56,00,000 51,20,00,000 55,00,00,000

4002,5 1 ,OO,OOO 203,50,00,000

160,25,00,000 42,00,000

110,00,00,000 62,50,00,000 84,45,00,000

2,62,00,000 1910,83,00,000

3 1,33,00,000 55,73,00,000 15,18,00,000

3954,43,00,000 1383,91,00,000

226,60,00;000 22,74,00,000

3 19,85,00,000 12,00,00,000

157,84,00,000

1 2 rSg- 3

No. Sums not exceeding of

Services and purposes Voted by Charged on the Vote Parliament Consolidated Fund

Rs. . -cP Rs.

29

30

3 1

32

33

35

36

3 8

39 40

4 1

42

43

44 45

46

47

4 8 49

50 5 1

52

53

54

3 5

56

Ministry of Earth Sciences .................. Revenue Capital

Ministry of ~nv~ronmerit and Forests . . . . . . . . Revenue Capital

Ministry of External Affairs. . . . . . . . . . . . . . . . Revenue Capital

Department of Economic Affairs.. . . . . . . . . . . . Revenue Capital

Department of Financial Services . . . . . . . . . . . . Revenue Capital

CHARGED.- Interest Payments. ............... Revenue Transfers to State and Union territory

Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capital

Loans to Government Servants, etc. .......... Capital C H A R G E D . - - R ~ ~ ~ Y ~ ~ ~ ~ of Debt . . . . . . . . . . . . . . . Capital . Department of Expenditure . . . . . . . . . . . . . . . . . Revenue

Capital Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Indian Audit and Accounts Department.. ...... Revenue

Capital Department of Revenue .................... Revenue

Capital Direct Taxes.. ............................ Revenue

Capital Indirect Taxes. ............................ Revenue

Capital Department of Disinvestment ............... Revenue Ministry of Food Processing Industries . . . . . . . . Revenue

Capital Department of Health and Family Welfare.. . . . Revenue

Capital Department of Ayurveda, Yoga and Naturopathy,

Unani, Siddha and Homoeopathy(AYUSH) . . Revenue Capital

Department of Health Research. . . . . . . . . . . ,. Revenue Department of Heavy Industry .............. Revenue

Capital Department of Public Enterprises ............ Revenue Ministry of Home Affairs . . . . . . . . . . . . . . . . . . . Revenue .

Capital Cab~net . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Police ................................... Revenue

Capital Other Expenditure of the Ministry of

Home Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

Transfers to Union territory Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Min~stry of Housing and Urban Poverty

Alleviatio~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

18 1,49,00,000 54,55,00,000

425,96,00,000 7,57,00,000

936,93,00,000 125,57,00,000

1136,85,00,000 308,40,00,000

5380,67,00,000 9887,50,00,000

13044,97,00,000

50,00,00,000

14,55,00,000 1,20,00,000

2655,05,00,000 335,91,00,000

1,70,00,000 1853,68,00,000

13,00,000 474,16,00,000 279,83,00,000 457,13,00,000

44,03,00,000 10,56,00,000 5 1,20,00,000 55,00,00,000

4002,51,00,000 203,50,00,000

160,25,0(000 42,00,000

110,00,00,000 62,50,00,000 84,45,00,000

2,62,00,000 19 10,78,00,000

3 1,33,00,000 55,72,00,000 15,18,00,000

3953,72,00,000 1382,59,00,000

226,59,00,000 22,74,00,000

319,85,00,000 12,00,00,000

157,84,00,000

2,00,000

. . 1,00,000

41944,00,00,000

5439,81,00,000 1360,57,00,000

563 777,43,00,000

11,62,00,000 10,75,00,000

, ..

. .

8.00,OOO

. .

5,00,000

,

1,00,000

71,00,000 1,32,00,000

1,00,000 . .

4 -- THE: GAZETTE OF INDIA EXTRAORDINARY ----

~PART & , - * - 7

8 . .

p:

. Total

Rs.

7962,15,00,000. 2772,33,00,000

378,29,00,000 55,76,00,000

526,76,00,000 127,23,00,000

3,24,00,000 112,03,00~000

2,50,00,000 14,17,00,000

439,23,00,000 2,05,00,000

87,72,00;000 6,63,00,000

414,90,00,000 19,17,00,000

159,20,00,000 8,88,00,00.0

. , 1 1,97,00,000 1,53,00,000

86 1,79,00,000 1,25,00,000

.

95,98,00,000 20,91,00,000

529,83,00,000 309,37,00,000

23,85,00,000 1897,79,00,000 738,14,00,000

4,85,00,000 58,05,00,000

- 28,84,00,000 19,45,00,000

50,00,000 2680,92,00.,000 3035,30,00,000

43620,42,00,000 3,91.00,000

444,j0,00,000 1763,96,00,000 389,s l,OO,OOO

0,27,00,000

497,03,00,000 97,00,000 97,00,000

Depzrtrncnt (of Biotechnology . . . . . . . . . . . . . . . Revenue 202,83,00,000 Ministr). of Shipping . . . . . . . . . . . . . . . . . . . . . . . Revenue . . 275,73,00,0DU. 275,75,00.000

S6,25,@0,000 ... 729,00,00.000 729,00,00,000

. 33,33,00,000 . . -.

1

No. 0 f Vote

57

58 59

60 .

6 1. 62

64

65

6 6

67

68

69. 70 7 1

72 73

74

76 7 7

79 8 0

8 1

82 .

83 84

2

%$

Services and purposes

Department of School ducati ion a&. Literacy . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . Revenue,,

Departnient of Higher Education. . . . . . . . . . . . . Revenue Ministry of Information and ~roidcasting . . . . . Revenue

Capital Ministry of Labour and Employment . . . . . . . . . Revenue

. . Capital Election Commission . . . . . . . . . . . . . . . . . . . . . . Revenue . Law and Justice. . . . . . . . . . . . . . . . :. . . . . . . . . . . Revenue

. Capital CHARGED.- Supreme Court o j fnd ia . . . . . . . . . . . ~ e v e n u e Ministry of Micro, Small and Medium

Enterprises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

Ministry of Mines .......................... Revenue Capital

Min,istry of Minority Affairs . . . . . . . . . . . . . . . . Revenue Capital

. Ministry of New and Renewable Energy ....... Revenue Capital

Ministy of Overseas Indian Affairs. ........:. Revenue Capital

Ministry of Panchayati Raj . . . . . ; . . . . . . . . . . . Revenue Ministry of Parliamentary Affairs . . . . . . . . . . :..Revenue Ministry of Personnel, Public Grievances

and Pensions. . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

Ministry of Petroleum and Natural Gas. ....... Revenue Ministry of Planning.. ....... .;. . . . . . . . . . . .I Revenue

Capital Minist iy of Power . . . . . . . . . . . . . . . . . . . . . . . . Revenue.

.capital CHARGED.- S t a 8 Household and Allowances .

...... . . . . . . . . . . . . . . . . . . . . of the President Revenue Lok Sabha.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Rajya Sabha.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue CHARGFB.- Union Public Service Commission. . Revenue Secretariat of the Vice-president ............. Revenue ini is try of Road Transport and' Highways.. ... Revenue

Capital '

Department of Rural Development.. . . . . . . . :. Revenue 'Capital

Department of Land Resources . . . . . . . . . . . . . . Revenue Department of Drinking Water Supply . . . . . . . . Revenue Department of Science and Technology . . :. ... Revenue

Capital Department of Scientific and Industrial

Reseaich . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Voted by Parliament

Rs.

. 7962,15,00,Q.00 2772,33,05,000

378,28,00,000 55,76,00,000

. 526,76,00,000 127,23,00,0,00

3,24,00,000 ' 112,03,00,000

2,50,00,000

.439,23,00,000 2,05,00,000

.. 87,70,00;000 6,63,00,000

414,90;00,000 19,17,00,000

159,20,00,000 8,88,00,000

. 11,97,00,000 1,53,00,000

. 861,79,DO,000 ' 1,25,00,000

93,63,00,000' 19,42,00,0.00,

529,83,00,000 309,37,00,000 23,85,00,000

1897,79,00,000 738,'14,00,000

57,94,00,000 28,72,00,000

. . 50,00,000

. . 2680,92,00,000 3033,93,00,000

.43620,42,00,000 3,91,00,000

444,30,00,000 1763,96,00,000 389,81,00,000

6,2?,00,000

497,03,00,000

3

Sums not exceeding

Charged on the -

Consolidated Fund

Rs.

. .

1,00,000 .

14.17.00,OOO

2,00,000

. 2,35,00,000 I, 49,00,000

4,85,00.000. 11.00,000 12,00,000

19,45.00,000

1,37,00,000

. . . .

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 5 ( L P 1

t i, ! 1

4

- 1 - No. 0 f Vote Services and purposes

. . . . . . . . . . . . . . . . . . . . . Department of Space.. Revenue Capital

Ministry of Statistics and Programme . . . . . . . . . . . . . . . . . . . . . . . . . Implementation Revenue

Capital . . . . . . . . . . . . . . . . . . . . . . . . . Ministry of Steel Revenue

Capital Ministry of Textiles.. . . . . . . . . . . . . . . . . . . . Revenue

Capital Ministry of Tourism . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Ministry of Tribal Affairs . . . . . . . . . . . . . . . . . . . Revenue

Capital Andaman and Nicobar Islands. . . . . . . . . . . . . . . . Revenue

Capital Chandigarh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Dadra and Nagar Haveli.. . . . . . . . . . . . . . . . . . . . Revenue

Capital Daman and Diu.. . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Lakshadweep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Department of Urban ~ e v e l o ~ m e n t . . . . . . . . . . Revenue

Capital Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Stationery and Printing.. . . . . . . . . . . . . . . . . . . . Revenue

Capital M~nistry of Water Resources . . . . . . . . . . . . . . . . Revenue

Capital Ministry of Women and Child Development . . . Revenue Ministry of Youth Affairs and Sports. . . . . . . . . Revenue

Capital

Sums not exceeding

Voted by Charged on the Total

Rs. .+.

516,71,00,000 8,00,000 5 16,79,00,900 446,14,00,000 7,00,000~ 446,2 l,CO,OOO

V.K.BHASIN, , Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010. I

i

ThF# Ti. 30 ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10

,, mm ORDINARY

oTmII-'ElVgl PART XI - Section 1 ~*~

PLTBLISHED BY AUTHORITY

@ 121 ;lif m, d 23, 2010 / % 2, 1932 No. 121 NEW DELHI, TUESDAY, MARCH 23,2010 / CHAITRA 2,1932

MINISTRY OF LAW AND JUSTICE K

(Legislative Department)

Nau Delhi, the 23rd March, 2010/Chaitra 2,1932 (Saw

i' The following Act of Parliament received the assent of the President on the

22nd March, 2010, and is hereby published for general information:- . -

THE APPROPRIATION ACT, 2010 (No. 9 OF 2010)

[22ndMarch, 2010.1

An Act to authorise payment and appropriation of certain further sums fiom and out of the Consolidated Fund of India for the services of the financial year

2009-10.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic ofIndia as follows:-

1. This Act may be called t h e ~ ~ ~ r o ~ r i a t i o n ~ c t , 2010. I

Short title.

2. From and out of the Consolidated Fund of India there may be paid and applied Issue of Rs. sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate 1443532%0000000

out of the to the sum of fourteen lakh forty-three thousand five hundred thirty-two crores and ninety- three lakh rupees only towards defraying the several charges which will come in course of ~~~d of l,,dia payment during the financial year 2009-10 in respect ofthe services specified in column 2 of for the the Schedule. financial year

2009-10.

3. The sums authorised to be paid and applied from and ,out of the Consolidated Appropriation. Fund of India by this Act shall be appropriated for the services and purposes expressed in. the Schedule in relation to the said year. % ,

K

2 THE GAZETTE OF INDIA EXTRAORDINARY [PA& 113 I r

; THESCHEDULE ' 0

( See sections 2 and 3)

1 - No. o f Vote -

1 2

3

4

7 9 .I 1 12 13

14 15 16 17

19

20 2 1 2 2 2 3 24 25 27 2 8

29

3 0 3 1 32

3 3

3 5

3 9 40 4 1 4 3 4 4 4 5 46

Department of Agriculture and Cooperation.. .. Rzvenue Department of Agricultural Research and

Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Department of Animal Husbandry, Dairying and

Fisheries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Atomic Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Department of Fert~lisers . . . . . . . . . . . . . . . . . . . Revenue Ministry of Civil Aviation. . . . . . . . . . . . . . . . . . . Revenue Department of Commerce . . . . . . . . . . . . . . . . . . Revenue Department of Industrial Policy and Promotion Revenue ~ e ~ a r t m k n t of Posts. . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Department of Tebcommunications . . . . . . . . . . Revenue Department of Information Technology . . . . . . Revenue Department of Consumer Affairs. . . . . . . . . . . . . Revenue Department of Food and Public Distribution . . . Revenue

Capital Ministry of Culture . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Min~stry of Defence . . . . . . . . . . . . . . . . . . . . . . . Revenue Defence Pensions.. . . . . . . . . . . . . . . . . . . . . . . . . Revenue Defence Services-Army . . . . . . . . . . . . . . . . . . . Revenue Defence Services-Navy . . . . . . . . . . . . . . . . . . . . Revenue Defence'Services-Air Force . . . . . . . . . . . . . . . . Revenue Defence Ordnance Factories.. . . . . . . . . . . . . . . . Revenue Capital Outlay on Defence Services.. . . . . . . . . . Capital Ministry of Development of North Eastern

Region.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capital . Ministry of Earth Sciences . . . . . . . . . .: . . . . . . . Revenue

Capital Ministry of Environment and Forests.. . . . . . . . Revenue Ministry of External Affairs. . . . . . . . . . . . . . . . . Revenue Department of Economic Affairs. . . . . . . . . . . . . Revenue

Capital Department of Financial Services . . . . . . . . . . . . Revenue

Capital Transfers to State and Union territory

Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

C~~~o~o.-Repayment oJ Debt Capital Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Indian Audit and Accounts Department. . . . . . . . Revenue Department of Revenue .................... Revenue Indirect Taxes.. . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Department of Disinvestment . . . . . . . . . . . . . . . Revenue Ministry of Food Processing Industries . . . . . . . . Revenue Department of Health and Family Welfare. . . . . Revenue

,. Capital Department of Ayurveda, Yoga and Naturopathy,

Unani, Siddha and Homoeopathy (AYUSH) . . Revenue

I Services and purposes ' -9

Rs. 208,63,00,000

3,00,000

Rs.

-

v Sums not exceeding Total Voted by

' Parlianlent Charged on the

Consolidated Fund

'/ '

*

t .SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY i 3

b

I 1 I $ 2 - 3

No. o f Vote

4 9

5 1

53

54

55 57 58 59 6 0

6 5 67 7 1

7 2

7 4

7 6

80

82 83 85 86

88 9 2

93

95 96

97

98

99 100

10 1 103 104 105

'-. PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD. NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010. GMGIPMRND-1352LS(S5)-26-03-2010.

Services and purposes

Department of Heavy Industry . . . . . . . . . . . . . . Revenue Capital

Ministry of Home Affairs . . . . . . . . . . . . . . . . . . . -Revenue -Capital

Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

Other Expenditure of the Ministry of _ Home Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue . . . . . Transfers to Union territory Governments Revenue

Department of School Education and Literacy. Revenue . . . . . . . . . . . Depariment of Nigher Education., Revenue

. . . . . Ministry of Information and Broadcasting Revenue M~nistry of Labour and Employment . . . . . . . . . Revenue

. . . . . . . . . . . c ~ ~ ~ o ~ o . - S u p r e m e Courl of India Revenue Ministry of Mines . . . . . . . . . . . . . . . . . . . . . . . . Revenue

. . . . . . . Ministry of New'and Renewable Energy Revenue Ministry of Perionnel, Public Grievances and

Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Ministry of Petroleum and Natural Gas. . . . . . . . Revenue

Capital Ministry of Power. . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Lok Sabha . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue CHARGED.-union Public ~ervice ~0mmih~ lon . . Revenue Department of Rural Development.. ......... Revenue

Capital Department of Drinking Water Supply . . . . . . . . Revenue

........ Department of Science and Technology Revenue Department of Biotechnology ............... Revenue Ministry of Shipping . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital .. Ministry of Social Justice and Empowerment. Revenue

Ministry of Textiles.. ...................... Revenue Capital .

Ministry of Tourism . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

Andaman and Nicobar Islands.. . . . . . . . . . . . . . . Revenue Chandigarh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Dadra and Nagar Haveli.. . . . . . . . . . . . . . . . . . . . Revenue

Capital Daman and Diu. . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Lakshadweep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Department of Urban Development .......... Revenue

Capital Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Ministry of Water Resources ................ Revenue

... Minist j of Women and Child Development Revenue Ministry of Youth Affairs and Sports.. . . . . . . . . Revenue

TOTAL

Voted by ' Parliament

9

Rs.

5 15,47,00,00W 3,00,000

. 2,00,000 2,00,000

592,45,00,000 . 2,00,000

1 ,OO,OOO 10,01,00,000

1771,03,00,000 5,00,000 2,00,000 2,00,000

6,96,00,000 2,00,000

7,91,00,000 11843,00,00,000

958,08,00,000 3158,00,00,000

27,00,00,000 1,00,000

15702,02,00,000 6,04,00,000

1,00,000 2,00,000 2,00,000 1,00,000 1,00,000

5,01,00,000 2,00,000

4,00,00,000 1,00,000

1,00,00,000 100,62,00,000

85,83,00,000 89,25,00,000

2,00,000 23,00,00,000

6,00,000 1,00,00,000 8,16,00,000

4,00,000 1,38,00,000, 1,54,00,0QO

2,00,008 2,00,000 3,00,000

75287,59,00,000

Secy. to the Govt. of India.

Sums not exceeding Charged on the

Consolidated Fund

Rs.

. . 1,86,00,000

. .

30,00,000

3,OO. 00.000

. .

. .

. .

50,00,000

. .

. .

6,05,00,000

. .

. . 1368245,34.00,000

Total

Rs.

5 15,47,00,000 3,00,000 2,00,00W 2,00,000

592,45,00,000 2,00,000

1,00,000 10,o 1,00,000

1771,03,00,000 5,00,000 2,00,OQO 2,00,000

1,86,00,000 6,96,00,000

2,00,000

8,2 1,00,000 11843,00,00,000

958,08,00,000 3158,00,00,QOO

27,00,00,000 1 ,OO,OOO

3,00,00,000 15702,02,00,000

6,04,00,000 1,00,000 2,00,000 2,00,000 1,00,000 1,00,000

5,Ol ,OO,OOO 2,00,000

4,00,00,000 1,00,000

1,00,00,000 100,62,00,000

86,33,00,000 %9,25,00,000

2,00,000 23,00,00,000

- 6,00,000 1 ,OO,OO,OOO 8,16,00,000 6,09,00,000 1,38,00,000 1,54,00,000

2,00,000 2,00,000 3,00,000

1443532,93,00,000

V. K. BHASIN,

I%$ d 30 t.(~)04/0007/2003-10 REGISTERED NO. DL-(N)C4/0007/2003-10

I

4,

I

\a.

i

EXTRAORDINARY 1 oTm 11- WJS" 1 I

PART II - Section 1. nrfemrn*mlf$tf

i PUBLISHED BY AU?MORITY

?i" 131 ;lam, m, 30, 2010 / * 9, 1932 No. 131 NEW DELHI, TUESDAY, MARCH 30,2010 / CHAITRA 9,1932

morm*ffo~;;~psa~@jrr?iltmf$;sr:m*d:m*w~&~ Separaje paging is given to this Part in order that it may be filed as a separate compilation.

I

I

MINISTRY OF LAW AND JUSTICE (Legislative Department)

, New Delhi, the 30th March, 2010tChaitra 9, 1932 (Saka) ,

The following Act of Parliament received the assent of the President on the ,-

29th March, 2010, and is hereby published for general information:- !

THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND 1

REMAINS (AhENDMENT AND VALIDATION) ACT, 20 1 0 !

3. (No. 10 OF 2010) i I

[29th March, 2010.1 I

i

An Act further to amend the-Ancient Monuments andArchaeologica1 Sites and Remains Act, 1958 aid to make provision for validation of certain actions I

taken by the Central Government under the said Act. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. ( I ) This Act may be called the Ancient Monuments and Archaeological Sites and Short tltle and

Remains (Amendment and Validation) Act, 20 10. commencelnent , (2) Save as otherwise provided, it shall be deemed to have come into force (except

sections 3 ,5 ,7 and 8 to 11) on the 23rd day of January, 20 10.

2. On and froni the 16th day of June, 1992, in the Ancient Monuments and Arnelldlnellt of

24 of 1958 Ar.chaeologica1 Sites and Remains Act, 1958 (hereinafter referred to as the principal Act), in section 2,-

( i ) after clause (4, the following clauses shall be inserted and shall be deemed , I

to have been inserted, namely:-

'(da) "Authority" means the ~ a t i o n a l Monuments Authority constituted under section 20F;

I

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- --

(db) "competent authority" means an officer not below the rank ofDirector of archaeology or Commissioner of archaeology of the Central or State Government or equivalent rank, specified, by notification in the Official Gazette, as the competent authority by the Central Government to perform functions under this Act:

Provided that thetentral Government may, by notification in the Official \

Gazette, specify different competent authorities for the purpose of sections 20C, 20D and 20E;

(dc) "construction" means any erection of a structure or a building, including any.addition or extension thereto either vertically or horizontally, but does not include any re-construction, repair and renovation of an existing structure or building, or, construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences, or, the construction snd maintenance of works meant for providing supply of I water for public, or, the construction or maintenance, extension, management for supply and distribution of electricity to the public or provision?or similar facilities for public;'; B

(ii) after clause (h), the following clause shall be inserted and shall be deemed to have been inserted, namely:-

'(ha) "prohibited area" means any area specified or declared to be a prohibited area under section 20A;';

(iii) after clause (j), the following clauses shall be inserted and shall be deemed 1 I to have been inserted, namely:- I I

'(k) 'Lre-c~n~truction" means any erection of a structure or building to its pre-existing structure, having the same horizontal and vertical limits;

(I) "regulated area" means any area specified or declared under section 20B;

(m) "repair and renovation" means alterations to a pre-existing structure or building, but shall not include construction or re-construction;'.

Insertion of 3. After section 4 of the principal Act, the following section shall be inserted, new sectloll namely:-

. 4A

Categorisat~on "4A. (I) The Central Government shall, on the recommendation of the Authority, and prescribe categories in respect of ancient monuments or archaeological sites and classification remains declared as of national importance under sections 3 and 4, and while in lespect of a n c ~ e n t prescribing such categories it shall have regard to the historical, archaeological and monun~e~l t s or architectural value and such other factors as may be relevant for the purpose of such archaeolog~cal cqtegorisation. sites and re~nains (2) The Central 'Government shall, on the recommendation of the Authority, declared as of classify all the ancient monuments or archaeological sites and remains declared as of national national importance under sections 3 and 4, in accordance with the categories importance prescribed under sub-section ( I ) and thereafter make the same available to the public under sect~ons

, and exhibit the same on its website and also in such other manner as it may deem fit.". 3 and 4.

Inser t~on of 4. On and from the 16th day of June, 1992, after section 20 of the principal Act, the new section following section shall be inserted and shall be deemed to have been inserted, namely:- 20A

' L P ~ ~ ~ ~ ~ ~ ~ ~ ~ AND REGULATED AREAS

Declaration of 20A. Every area, beginning at the limit of the protected area or the protected prohibited area monument, as the case may be, and extending to a distance of one hundred metres in and carrylnt out publ~c work

all directions shall be the prohibited area in respect of such protected area or protected

or other works monument: in prohib~ted area

Provided that the Central Government may, on the recommendation of the Authority, by notification in the Official Gazette, speciw an area more than one hundred

SEC. 11 THE GAZETTE OF NIL4 EXTRAORDINARY 3

/

metres to be the prohibited area having regard to the classification of any protected monument or protected area, as the case may be, under section 4A.

(2) Save as otherwise provided in section 20C, no person, other than an archaeological officer, shall carry out any construction in any prohibited area.

(3)"1n a case where the Central Government or the Director-General, as the case may be, is satisfied that-

(a) it is necessary or expedient for carrying out such public work or any project essential to the public; 05

(b) such other work or project, in its opinion, shall not have any substantial adverse impact on the preservation, safety, security of, or, access to, the monument or its immediate surrounding, I

1 it or he may, notwithstanding anything contained in sub-section (2), in exceptional cases and having regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work or project essential to the public or other I constructions, to be carried out in a prohibited area:

Provided that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of June, 1992 but ending before the date on which the Ancient Monuments and Arch;:eological Sites , and Remains (Amendment and Validation) Bi'll, 2010, receives the assent of the

I

President, as a prohibited area in respect of such protected mohument, shall be deemed I

to be the prohibited area declared in respect of that protected monument in accordance with the provisions.,of this Act and any permission or licence granted by the Central Government or the Director-General, as the case may be, for the construction within , the prohibited area on the basis of the recommendation of the Expert Advisory Committee, shall be deemed to have been validly granted in accordance with the provisions of this Act, as if this section had been in force at all material times:

Provided fi~rther that nothing contained in the tirst proviso shall apply to any P,

1 I

permission granted, subsequent to the completion of construction or re-construction of any building or structure in any prohibited area in pursuance ofthe notification of the Government'of India in the Department of Culture (Archaeological Survey of I

India) number S.O. 1764, dated the 16th June, 1992 issued under rule24 ofthe Ancient I

Monuments and Archaeological Sites and Remains Rules, 1959, or, without having i

obtained the recommendations of the Committee constituted in pursuance of the order of the Government of India number 24/22/2006-M, dated the 20th July, 2006

; i (subsequently referred to as the Expert Advisory Committee in orders dated the I

27th August, 2008 and the 5th May, 2009).". I

5. In section 20A of the principal Act (as so inserted by section 4 of this Act), after kncndnlent 1 sub-section (3), the following sub-section shall be inserted, namely:- of sect~on I

20A "(4) No permission, referred to'in sub-section (3), including carrying out any

public work or project essential to the public or otber constructions, shall be granted in any prohibited area on and after the date on which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Bill, 20 10 receives the assent of the President.".

6. On and from the 16th day of June, 1992, after section 2 0 ~ ;f the principal Act, the Insertion os following section shall be inserted and shall be deemed to have been inserted, namely:- new section

20B

"20B, Every area, beginning at the limit of prohibited area in respect of every Declaration of ancient monument and archaeological site and rofilains, declared as of national regulated arca iniportance under sections 3 and 4 and extending to a distance of two hundred metres in respect

every in all directions shall be the regulated area in respect of every ancient monument and protected archaeological site and remains: monunlent.

Provided that the Central Government may, by notification in the Official Gazette, specifL an area more than two hundred metres to be the regulated area having regard

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- 1 1

t i

to the classification of any protected monument or protected area, as the case may be, I i

under section 4A: 1 Provided further that any area near any protected monument or its adjoining i

area declared, during the period beginning on or after the 16th day of June, 1992 but ending before the date on which the Ancient Monuments and ~ r c h a e o l o ~ i c a l Sites i,

l

and Remains (Amendment and Validation) Bill, 2010, receives the assent of the 2 ,

President, as a regulated area in respect of such protected monument, shall be deemed a

to be the regulated area declared in respect of that protected monument in accordance i with the provisions of this Act and any permissionor licence granted for construction in such regulated area shall, be deemed to have been validly granted in accordance i with the provisions of this Act, as if this section had been in force at all material times.".

I~~sert ion of 7. After sectiori 20B of the principal Act (as so inserted by,section 6 of this Act) the new sections following sections shall be inserted, namely:- 20C, 20Dj 20E, 20F, 20G, 20H, 20-1, 205, .20K, - 20L. 20M, 20N,

I t

20-0, 20P and I

2 0 4 . Application '20C. (I) Any person, who oyns any building or structure, which existed in a

I 1

for repair or renovation In

prohibited area before the 16th day of June, 1992, or, which had been subsequently

prohibited ,constructed with the approval of the Director-General and desires to carry out any I

area, or repair or renovation of such building or structure, may make an application to the I construction competent authority for carrying oyt such repair or renovation, as the case may be. 0 r \

re-constru~!ion (2) Any person, who owns or possesses any building or structure or land in I

or repalr or any regulated area, and desires to carry out any construction or re-construction or renovation 111 repair or renovation of such building or structure on such land, as the case may be, regulated area may make an application to the competent authority for carrying out construction or

re-construction or repair or renovation, as the case may be.

GRANT OF PERMISSION BY COMPETENT AUTHORITY

Grant of 20D. (I) Every application for grant ofpermission under section 20C of this Act permission by shall be made to the competent authority in such manner as may be prescribed. competent . authority (2) The comp5tent authority shall, within fifteen days of the receipt of the , within application, forward the same.to the Authority to consider and intimate impact of

regulated area such construction (including the impact of large-scale developnlent project, public project and project essential to the public) having regard ,to the heritage bye-laws relating to the concerned protected monument or protected area, as the case may be:

Provided that the Central Government may prescribe the category of applications in respect of which the permission may be granted under this sub-section and the application which shall be referred to the Authority for its recommendations. .

' (3) The Authoiity shall, within two months from the date of receipt of application

under sub-section (2), intimate to the competent authority impact of such construction (including the impact of large-scale development project, public project and project essential to the public).

(4) The competent authority shall, within one month of the receipt of intimation from the Authority under sub-section (3), either grant permission or refuse the same as so recommended by the Authority.

(5) The recommendatiohs of the Authority shall be final.

(6) In case the competent authority refuses to grant permission under this section,,?it shall, by order in writing, after giving an opportunity to the concerned person, 'intimate such refusal within three months from the date of receipt of the application to the applicant, the Central Government and the Authority.

r ,

SEC. 11 THE GAZE?TE OF INDIA EXTRAORDINARY 5

(7) Ifthe competent authority, after grant of the permission under sub-section (4) and during the carrying out of the repair or renovation work or re-construction of building or construction referred to in that sub-section, is of the opinion (on the basis of material in his possession or otherwise) that such repair or renovation work or re-construction of building or construction is likely to have an adverse impact on the preservation, safety, security or access to the monument considerably, it may refer the same to the Authority for its recommendations and if so recommended, withdraw the permission granted under sub-section (4) if so required:

Provided that the competent authority may, in exceptional'cases, with the approval ofthe Authority grant permission to the applicant referred to in sub-section (2) of section 20C until the heritage bye-laws have been prepared under sub-section (I) of section 20E and published under sub-section (7) of that section.

(8) The Central Government, or the Director-General, as the case may be, shall exhibit, on their website, all the permissions granted or refused under this Act.

20E. (I) The competent authority, in consu1;ation with IndianNational Trust for Heritage bye-

2 of 1882. Arts and Cultural Heritage, being a trust registered under the IndianTrusts Act, 1882, laws

or such other expert heritage bodies as may be notified by the Central Government, shall prepare heritage bye-laws in respect of each protected monument and protected area.

(2) The heritage bye-laws referred to in sub-section (I) shall, in addition to such matters as may be prescribed, include matters relating to heritage controls such as elevations, facades, drainage systems, roads and service infrastructure (including electric poles, water and sewer pipelines).

(3) The Central Government shall, by rules, specify the manner of preparation of detailed site plans in respect of each protected area or protected monument or prohibited area or regulated area, the time within which such heritage bye-laws shall be prepared and particulars to be included in each such heritage bye-laws. .

(4) The competent authority for the purpose of preparation of detailed site plans and heritage bye-laws may appoint such number of experts or consultants as it may deem fit.

,(5) A copy of each of the heritage bye-laws prepared under sub-section (.I) shall be forwarded to the Authority for its approval.

(6) A copy of the heritage bye-laws as approved by the Authority under sub-section (5) shall be laid before each House of Parliament.

(7) Each heritage bye-laws shall, be made available by the competent authority to the public, by exhibiting the same on its website and also in such other manner as it may deem fit, immediately after laying the same before each House of Parliament.

NATIONAL MONUMENTS AUTHORITY

20F. (I) The Central Government sha'll, by notification in the Official Gazette, Constitut~on

constitute an Authority to be called as the National Monuments Authority. of National Monuments

(2) The Avthority shall consist of,- ' Author~ty. \

(a) a Chairperson, on whole-time basis, to be appointed by the President, having proven experience and expertise in the fields of archaeology, country and town planning, architecture, heritage, conservation-architecture or law;

(b) such number of members not exceeding five-whole-time members and five part-time members to be appointed, on the recommendation ofthe Selection Committee referred to in section 20G, by the Central Government, having proven experience and expertise in the fields of arqhaeology, country and town planning, architecture, heritage, conservation-architecture or law;

(c) the Director-General as member, ex oficcio.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(3) The tenure of the whole-time Chairperson or every whole-time member and every part-time member, of the Authority shall be three years from the date on which he assumes office as such and shall not be eligible for re-appointment:

Provided that, save as otherwise provided in clause (c) of sub-section (2), any person who has held any post in theArchaeologica1 Survey of India or in the Ministry of Culture ofthe Government of India or a State Government or has not been found fit to be considered for being appointed to any such post shall, not be eligible to be appointed as the Chairperson or a member of the Authority:

Provided firther that any person, who had either been granted a permission or licence or refused any such permission or refused grant of a licence or any person or . any of his relative having any interest in a prohibited area or a regulated area shall not be eligible to be appcinted as a Chairperson or member.

Explanation.-.For the purposes of this section, "relative" means-

(i) spouse of the Chairperson or member of the Authority; *

(ii) brother or sister of the Chairperson or member of the Authority;

(iii) brother or sister ofthe spouse of the Chairperson or member of the ,

Authority;

(iv) brother or sister of either of the parents of the Chairperson or member of the Aqthority;

(v) any lineal ascendant or descendant of the Chairperson or member of I

the Authority;

(vi) any lineal ascendant or descendant of the spouse of the Chairperson or member of the Authority;

(vii) spouse of the person referred to in clauses (ii) to (vi);

(4) An officer, not below the rank of Joint Secretary to the Government of India, shall be the Member Secretary of the Authority.

(5) The Central Government shall provide such number of officers and other employees as may-be necessary for discharge of functions by the Authority under

- this Act.

Selection 20G. (I) Every whole-time member and every part-time member of the Authority Committee shall be selected by a Selection Committee consisting of the following persons, for selection of members namely:- of Author~ty (a) Cabinet Secretary - Chairperson, ex ofJicio;

(b) Secretary in the Ministry of Culture -member, ex ofJicio;

(c) Secretary in the Ministry of Urban development- member, en oficio;

(d) three experts, having proven experience and expertise in the fields of archaeology, architecture, heritage or conservation-architectnre to be nominated by the Central Government.

(2) The Selection Committee referred to in sub-section (I) shall regulate its own procedure for the purposes of selecting whole-time members and part-time members of the Authority.

Salary, 20H. (1) The salaries and qllowances payable to the whole-time Chairperson allowances and and whole-time members, and the other terms and conditions of their service or fees meetings of Autl~orlty

or alrowances payable to the part-time members, ofthe Authority shall be sucll as may be prescribed:

Provided that neither the salary and allowances nor the other terms and conditions of service of the whole-time Chairperson and whole-time ~nernbers shall be varied to their disadvantage after their appointment.

SEC. 11 THE GAZETTE OF N I A EXTRAORDINARY 7

(2) The Authority shall regulate its ow11 procedure for the purposes o f holding its meetings (including quorum of such meetings) and granting permissions under this Act.

(3) All the decisions of the Authority shall be published in such manner as it may decide and also on its own website and on the website of the Centra! Government.

20-1. (I) The Authority shall exercise or discharge the following powers or functions, namely:-

(a) make recommendations to the Central Government for grading and classifying protected monuments and protected areas declared as of national importance under sections 3 and 4, before the commencement of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation)

) Act, 20 10; (b) make recommendations to the Central Government for grading and

classifLing protected monuments and protected areas which may be declared after the commencement of the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010, as of national importance under section 4;

Fu~lct~olls and powers of Authority.

(c) oversee the working of the competent authorities;

( 4 to suggest measures for implementation of the provisions of this Act;

(e) to consider the impact o f large-scale developmental projects, including public projects and projects essential to the public which may be proposed in the regulated areas and make recoinmendations in respect thereof to the competent authority;

to make recommendations to the competent authority for grant of permission.

(2) The Authority shall, for the purpose of discharging functions under this Act, have the same powers as are vested in a civil court under the Code of Civil

5 of 1908. Procedure, 1908 while trying a suit in respect ofthe following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath; I

(b) requiring the discovery and production of docunlents;

(c) any other matter which may be prescribed. 201. ( I ) Notwithstanding anything contained in sub-section (3) of section 20F, Removal of

the President in the case of the Chairperson and the Central Government in the case C1lairperson and members

of whole-time member and part-time member may,, by order, remove from office, the Chairperson or any such member of the Authority, if he -

(a) has been adjudged an insolvent; or

(b) has been convicted of an ofGence which, in the opinion of the Central -

\ Government, involves moral turpitude; or

(c) has become physically or mentally incapable of acting as Chairperson or member; or

( 4 has acquired such financial or other interests as is likely to affect prejudicially his functions; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest.

(2) The Chairperson Qr any member of the Authority shall not be removed under clauses ( 4 and (e) of s'ub-section (I) unless he has been given a reasonable opportunity of being heard in the matter.

20K. On ceasing to hold office, the Chairperson.or whole-time member of the Restrlct~on on

Authority, as the case may be, shall, subject to the provisions of thisAct, be ineligible, for a period of five years from the date on which they cease to hold office, for further ~ $ ~ h ~ ~ ~ o l l employment (including as consultant or expert or otherwise) in any institution, agency and

8 THE GAZETTE OF INDIA EXTRAORDINARY PART 11-

\

or organisation of any nature mainly dealing with archaeology, country and town planning, architecture, heritage and conservation-architecture or whose matters had , been before the Chairperson or such member. .

Power of 20L. (I) Without prejudice to the foregoing provisions ofthis Act, the Authority . Central shall, in exercise of its powers or the discharge of its functions under this Act, be Government bound by such directions on question of policy, other than tliose relating to technical i to Issue d~rect~ons to and administrative matters, as the Central Government may give in writing to it from

! Author~ty time to time:

Provided that the Authority shall, as far as practicable, be given an opportunity i

to express its views before any direction is given under this sub-section. I

@. (2) The decision of the CentralGovernment, whether a question is one of policy . I

or not, shall be final. 1 I

Power of 20M. Without prejudice to the foregoing provisions of this Act, the competent Central authority,shall, in exercise of its powers or the discharge of its functions under this Government to Issue directions Act, be bound by such directions, as the Central Government may give in writing to to competent it from time to time. authority '

Power of 20N. (I) If, at any time the Central Government is of the opinion,- Central Governmeilt (a) that, on account of circumstances beyond the control ofthe Authority, to supersede it is unable to discharge the functions or perform the duties imposed on it by or Authority. under the provisions of this Act; or

(b) that the 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 Authority or the administration of the Authority has suffered; or

(c) that circumstances exist which render it necessary in the publicinterest so to do,

the Central Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding six months, 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 reasonabletopportunity to the Authority to make represedations against the proposed supersession and shall consider the representations, if any, of the

- Authority.

(2) Upon the publication of a notification under sub-section (I) superseding the Authority,- '

(a) the Chairperson and all other whole-time members and part-time 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 Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (I); and

(c) all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government.

(3) On or before the expiration of the period of super<ession specified in the /

notification isstled under sub-section (I), the Central Government shall reconstitute the Authority by a f?esh appointment of its Chairperson and other whole-timemembers and part-time members and in such case any person who had vacated his office under

\

SEC. I ] THE GAZEITE OF INDIA EXTRAORDINARY 9

clause (a) of sub-section (2) shall not be deemed to be disqualified, subject to the provisions of sub-section (3) of section 20F for reappointment for the remaining period.

(4) The Central Government shall cause a copy of the notification issued under sub-section (I) and a full report of any action taken under this section and the circumstances leading to such action to be laid before eaqh House of Parliament at ,

. the earliest,.

20-0. No civil court shall have jurisdiction in respect of any matter which the Bar of Authority is empowered by or under this Act to determine and no injunction shall be ~urlsdlction of granted by any court or other authority in respect of any action taken or to be taken C1"ll CourL

1 in pursuance of any power conferred by or under this Act.

20P. ( I ) The Authority shall prepare once in every year, in such form and at such A ~ ~ n u a l time as may be prescribed by the Central Government, an annual report giving full report. description,of all the activities of the Authority for the previous year.

-. I

(2) A copy of the report received under sub-section (I) shall be laid, as soon as mgy be after it is received, before each House of Parliament,

i

204. Where the Central Government considers it expedient so to do, it may, by Power to call

, order in writing call upon the Authority or the competent authority, as the case n ~ a y fo': In tormatiGn be, to furnish in writing such information, in such form and mann,er as may be

prescribed, relating to its affairs as the Central Government may require.".

8. In section 30 of the principal Act,- Amendmen1 of sectloll 30.

(a) in sub-section (I),-

(i) for the words "imprisonment which may extend to three rponths", the words "imprisonment which may extend to two years" shall be substituted;

\ (ii) for the words "fine which may extend to five thousand rupees", the words "fine which may extend to one lakh rupees" shall be substituted;

'

(6) in sub-section (2), for the words "fine which may extend to five thousand .

rupees", the words "imprisonment which'may extend to two years or with fine which c m

., may extend to one lakh rupees or with both" shall be substituted.

9. After section 30 of the principal Act, the following sections shall be inserted," Insertion of namely:- new sections i

3OA, 30B and 30C -

"30A. Whoever raises, on and after the date on which the Ancient Monuments Punishment for and Archaeological Sites and Remains (Amendment ind Validation) Bill, 2010, receives constrUctlon~

\

the assent ofthe President, any construction in the prohibited area, shall be punishable 'irfaro'"- with imprisonment not exceeding two years or with fine which may extend to one iakh rupees or with both.

SOB. Whoever raises, on and after the date on which the Ancient Monuments Pun~shment andArchaeologica1 Sites and Remains (Amendment and Validation) Bill, 20 10, receives for the assent of the President, any construction in the regulated area without the previous cOnstruction~

etc., In permission of the competent authority or in contravention ofthe permission granted ,gulmed

by the competent authority, shall be punishable with imprisonment not exceeding two area years or with fine which may extend to one lakh rupees or with both.

30C. If any officer of the Central Government enters into or acquiesces in any o f f e ~ c e s by agreement to do, abstains from doing, permits, conceals or connives at any act or officers of thing whereby any construction or re-construction takes place in a prohibited area or Government.

regulated area, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.". .

I

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Insertloll of 10. After kection 35 of the principal Act, the following sections shall be inserted, new SeCtlOnS :- 35A and 35B.

ru. Obligation to "35A. (I) The Director-General shall, within such time as may be specified by survey the the Central Goyernment, conduct a survey or cause survey to be conducted in respect protected prohibded of all prohibited areas and regulated areas for the purpose of detailed site plans. area and (2) A report in respect oT such survey referred to in sub-section (1) shall be regulated areas.

forwarded to the Central Government and to the Authority.'

Identification 35B. ( I ) The Director-General shall, withip such timeas may be specified by the of un- ' Central Go~ernment, identify or cause to be identified, all constructions (of whatever authorised

nature) made on and after the 16th day of June, 1992 in all prohibited areas and constructions , regulated areas and, thereafter, submit from time to time a report in respect thereof to

I

on or after I

16th June, the Central Government. 1992

(2) The Director-General shall, for the purposes of sub section (I), have the power to call for information from the local bodies and other authorities.".

Anendmei~t of , 11. In section 38 of the principal Act, in sub-section (2), after clause (c), the following section 38. clauses shall be inserted, namely:-

"(ca) the categories of ancient monuments or archaeological sites and remains, declared as of national importance, under sub-section (I) of section 4A;

(cb) the manner of making application for grant of permission under sub-section ( I ) of section 20D;

(cc) the,category of applications in respect of which the permission may be granted and applications which shall be referred to the Authority for its recommendation, under sub-section (2) of section 20D;

(cd) the other matters including heritage controls such as elevations, facades, dra;nage systems, roads and service infrastructure (induding electric poles, water and sewer pipelines) under sub-section (2) of section 20E;

(ce) the manner of preparation of detailed site plans in respect of each prohibited area and regulated area and the time within which such heritage bye-laws shall be prepared and particulars to be included in each such heritage bye-laws under sub-section (3) of section 20E;

(cf) salaries and allowances payable'to, and the other terms and conditions of service of, the whole-time Chairperson and whole-time members, or fees or allowances payable to the part-time members, of the Authority under sub-section ( I ) of section 20H,

(cg) the form in which and time at which the Authority shall prepare an annual /*

report giving full description of its activities for the previous year under section 20P;

(ch) the form and manner in which the Authority and competent authority shall furnish information to the Central Government under se,ction 20Q;".

Validation of 12. Notwithstanding anything contained in any judgment, decree or order of any action taken, court, tribunal or other authority- etc., under notification (a) any thing done or purported to be done or any action taken or purported to

.No.S.0.1764, be taken by the Central Government, except as provided in the second proviso to dated 16th June, sub-section (3) of section 20A, immediately before the commencement ofthis Act, in 1992

pursuance of the notification ofthe Government of India in the Department of Culture (Archaeological Survey ofIndia) number S.0.1764, dated the 16th June, 1992 issued under rule 34 of the Ancient Monuments and Archaeological Sites and Remains Rules, 1959, shall be deemed to be and deemed to have always been done or taken validly and in accordance with law at all material times [except as provided in the second proviso to sub-section (3) of section 20A] and no action taken or thing done

Sac. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 I

(including any order made, agreement entered into, or notification issued for I constituting any Expert Advisory Committee) in connection with any granted or licence issued for any construction in a prohibited area or a regulated area in resp,ect of a protected monument, shall be'deemed to be invalid or ever to have become invalid except as provided in the second proviso to sub-section (3) of section t

I 20A merely on the ground that the Ancient Monuments andArchaeologica1 Sites and

24 of 1958. Remains Act, 1958 or the rules, orders or notifications issued thereunder did not I

contain any provision for constitution of an ExpertAdvisory Committee or A d v i s o ~ Committee, as the case may be;

I (b) no suit. claim or other proceedings shall be instituted, maintained or continued

in any court, tribunal or other authority for any permission or licence granted by the Central Government or the Director-General under the Ancient Monuments and

24 of 1958. Archaeological Sites and Remains Act, 1958 or any rule, order or notification made thereunder for carrying out any repair, renovation or construction work or for undertaking any public work or public project before the commencement of this Act;

(c) no claim-or challenge shall be made in or entertained by any court, tribunal or other authority soleiy onthe ground,that the Central Government or the Director- General did not take into consideration any of the provisions of the Ancient

1 + .

24 of 1958 , Monuments and Archaeological Sites and Remains Act, 1958, as amended by the Ancient Monuments and Archaeological Sites and Remains (Amendment and validhion) ,Act 2010, in granting any permission or licence for the purpose of carrying out any mining or repair, renovation or construction work in a prohibited area or a regulated area at any time between the 16th day of June, 1992 and the date of

c commencement of this Act.

13. (1) The Ancient Monuments and Archaeological Sites and Remains (Amendment Repeal and Ord. and Validation) Ordinance, 2010 is hereby repealed. savi~~gs . 2010.

(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:

1

V. K. BHASIN, Secy. to the Govt. of India.

.

. ,

PRINTED BY THE GENERAL MANAGER, GOVT. OF lNDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010.

GMGIPMRND-1424Gl(S$)-31-03-2010.

1

EX'I'RAORDINARY \ oTmII--G%l

PART II - Section 1 rrrfm*FmfTT

PUBLISHED BY AUTHORITY

*" 141 ;If f@?8, m, &27, 2010 1 7, 1932 No. 141 NEW DELHI, TUESDAY, APRIL 27,2010 / VAISAKHA 7,1932

v o n ~ ~ q a a ~ 3 ~ % ~ f $ ; ~ m ~ ? i : m 4 m j f i ~ 1 ~ Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 27th April, 2010lVaisakha 7, 1932 (Saka)

The following Act of Parliament received the assent of the President on the 26th April, 2010, and is hereby published for general information:-

THE APPROPRIATIOI\T (RAILWAYS) NO. 3 ACT, 201 0

(NO. 11 0~2010) I [26th April, 201 0.1

An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of India for the services of the financial year 20 1 0- 1 1 for the purposes of Railways. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. This Act may be called the Appropriation (Railways) No. 3 Act, 2010. Short title.

2. From and out of the Consolidated Fund of India, there may be paid and applied Issue of RS. sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate 176216,49,39,W

[inclusive ofthe sums specified in column 3 ofthe Schedule to the Appropriation (Railways) ~~~~,~!~ted - 5 of 2010 Vote on Account Act, 20101 to the sum of one, lakh seventy-six thousand two hundred Fund of llldla

sixteen crores, forty-nine lakhs and thirty-ninethousand rupees towards defraying the several for the charges which will come in course of payment during the financial year 2010-1 1, in respect of fimnclal Year'

the services relating to Railways specified in column 2 of tlie Schedule. 2010-11

1 3. The sums authorised to be paid and applied from and out of the Consolidated Fund Appropria-

of India by this Act shall be appropriated for the services and purposes expressed in the "On

Schedule in relation to the said year.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

600,00,00,000

3348,53,53,000

.... Operating Expenses-Rolling Stock and Equipment 5604,50,52,000

Operatiiig Expenses-Fuel . . . . . . . . 15778,12.15,000

. . . . . . . . . . Staff Welfare and Amenrt~es . . . . 33 15,54,87,000

25283,09,00,000

Dividend to General ~ e v e n u e i , Repayment of loans taken from General Revenues and Amortisation of Over-

6608,46,00,000

Assets-Acquisition, Construction and Replacement-

Revenue ...................................................... 60,00,00,000

Other Expenditatre

Railway Safety Fund .........................................

V. K. BHASIN, , Secy. to the Govt. of lndia.

CORRIGENDUM "%

In the Right of Children to Free and Compulsory Education,Act, 2009 (35 of 2009), published in the Gazette of India, Extraordinary, Part 11, Section 1, dated the 27th August, 2009 (issue No. 39); at page 7, in line 15, for "established, or recognised, under", read "established, or recognised under".

PRINTED BY THE GENERAL MANAGER, GOVT OF INDIA'PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010

GMGIPMRND-2095GI(S4)-28-04-2010.

T h @ 3 3% ~ ~ ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10

IZXTRAORDINARY m n - m 1

PART II - sectio*n I nrfem;ri*Ftitf$m

PUBLISHED BY AUTHORITY

do 161 T$ m, 3Wl7, qif 5,2010 1 &TE7 15, 1932 No. 161 NEW DELHI, WEDNESDAY, MAY 5,2010 / VAISAKHA 15,1932

Separate paging iS given to this Part in order that it may be filed as 'a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 5th Mw 2010/Vaisakha 15,1932 (Saka) The following Act of Parliament received the assent of the President on the

4th May, 2010, and is hereby published for general information:-

THE APPROPRIATIQN (NO. 2) ACT, 20 10

(No. 12 OF 20 10) [4th May, 2010.1

An Act to authorise payment and appropriation of certain sums &om and out of the Consolidated Fund of India for the services ofthe financial year 20 10-20 1 1 .

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. This Act may be called the Appropriation (No. 2 ) Act, 20 10. short title.

2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate [inclusive of the sums specified in column 3 of the Schedule to the Appropriation (Vote on Account) Act, 20101 to the sum of forty-six'lakh sixty-one thousand thirty-eight crores and thirty-four lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2010-20 1 1 in respect ofthe services specified in column 2 of the Schedule.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

Issue of Rs. 4661038,34,03,,030 out of the Consolidated Fund of India for the year 2010-2011

Appropriation.

4. References to Ministries or ~epartments in the Schedule are to such Ministries or Construction of

Departments as existing immediately before the 7th September, 2009 and shall, on or after $ ? ~ ? ~ ~ ~ ~ d

that date, be construed as references to the appropriate Ministries or Departments as D~~~~~~~~~ reconstituted from time to time. in the

Schedule.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

- . * THE SCHEDULE

(See sections 2 ,3 and 4)

1

No. o f

Vote

I .

2 -

3

4

5

6

7 . .

. y 8

' J T .. . .

9

10

I 1

12

13

1.4

15

i 6 .

17

. 18

19

. . 20

2 1 22 23 24 25 26. 27 .

28

29

30

3 1 .

2 . . . . . .

. - . . . .

Services and purposes ,

. .

Department of Agriculture and Cooperation.. ....'.... Revenue Capital

Department of Agricultural Research and - -

................................................................ Education Revenue Department of Animal Husbandry, Dairying

and Fisheries ................................................... . . . . . . . Revenue *. . Capital

...................................................... Atomic Energy Revenue Capital

..................... Nuclear Power Schemes .................. Revenue Capital

Department of Chemicals and Petrochemicals ....... Revenue . . Cppital

Department of Fertilisers ........ ; ............................. Revenue Capital

............................. Department of Pharmaceuticals Revenue . . Capital

Ministry of Civil Aviation ..................................... Revenue Capital

........................................................ Ministry of Coal Revenue Capital

...................................... Department of Commerce ~ e v e n u k Capital

Department of Industrial Policy and Promotion .... Revenue Capital

Department of Posts ............................................... Revenue Capital

Department of ~elecommunications ........................ Revenue Capital

Department of ~ n f o k a t i o n Technology .... 1 ............ Revenue - Capital

Department of Consumer Affairs ., .......................... Revenue Capital

........... Department of Food and Public ~istribution Revenue . . Capital

Ministry -of Corporate Affairs ......... : .... ; .................. Revenue . . Capital

Ministry of Culture,; .................................. . . . . . Revenue Capital

Ministry of Defence.; ............... ; .......................... Revenue Capital . .

Defence Pensions .................................................. Revenue Defence Services-Army ..................................... 'Revenue Defence Services-Navy .................................... Revenue Defence Services-Air Force ................................... Revenue Defence Ordnance ~actories .................................... Revenue

........ Defence Services-Research and Development Revenue Capital-Outlay on Defence Services ........................ Capital Ministry of Development of North Eastern . .

............... ...... .......................................... Region + 1 Revenue Capital

........ ............... .......... Min~stry of Earth Sciences : ..'. Revenue . . Capital

Ministry of Environment and Forests ..................... Revenue Capital

Ministry of External Affairs ................................... Revenue Capital

Total

Rs. 15564.1 2,00,000

83,85.00,000

3825,55,00,000

1749,60,00,000 1 1,50,00,000

4853,22,00,000 2929,02,00.000 2382,59,00,00P 1450,40,0O,OOl~ 393,3 1,00,000

, 26,69,00,000 52865,46,00',000

209,54,00.000. 157,95,00,000 40,05,00,000 . .

. 1456,34,00,000 1428,70,00,000 447,70,00.000

30,00,00,'000 3301,56,00.000

682,99,00,000 1 198,9 1 ,OO,OOO

1 O,OO,OO,OOO 11328,78,00,000 '

329.,55,00,000 7925,92,00,000 1684,95,00,000 - 2546,00,0O,OC?O

l6l~,OO,OO,OO? . 457,66,00,000'

31,34,00,000 . . '

5665.1,75,00,000 10973,06,00,000

203,O 1,00,000 46,00,00,000

1195,00,00,000' - 43,00,00,000

1 1246,13 ,OO,OOO. 1181,72,00,000

... 25000,00,00,000 .58995,19,00,000

9455,03,00,000 . 15803,65,00,000

1999,84,00,000 5260,42,00,000

. 60000,00,00,000

1618,33,00,000 241 .OO,OO.OOO

102 1,06.00,000. 284.29,O~O.OOO

2555,74,00,000 45,42,00,000

5621,60,00,000 753,40,00,000

Voted by .

Parliament

Rs. 15564,12,00,000

83,85,00,000

3825,55,00,000

1749,60,00,000 11,50,00,000

4852,22,00,000 2928,02,00,000 2382,59,00,000 1450,40,00,000 393,3 1,00,000

. 26,69,00,000 52865,46,00,000

209,54,00,000 . 157,95,00,000

- 40,0.5,00,000 . 1456,34,00,000

1428,70,00,000 447,70,00,000

30,00,00,000 3300,56,00,000-

682,99,00,000 . . 1198,91,00,000:

10,00,00,000 11 328,68,00,000

329,55,00,000 7925,92,00,000 1684,95,00,000 2546,00,00,000

: .161,00,00,000 457,66,00,000

3 1,34,00,000 56650,68,00,000 10973,06,00,000

203,01,00,000~ 46,00,00,000

1195,00,00,000 43,00,00,000

11245,89,00,000 1181,72;00,000

24999,75,00,000 58978,16,00,000

9453,78,00,000 . 15 802,4 1,00,000

1998,34,00,000 5259,81,00,000

59963,20,00,000

1'61 8,33,00,000 24 1,00,00,OOO

. 1020,96,00,000 284,29,00,000

2555,74,00,000 45,42,00,000

5621,57,00,000 753,40,00,000

-3 . '

Sums not exceeding Charged on the Consolidated

~ u n d

Rs .

1.00,00,000 1,00.00,000

~ ' . ' -

. . . .

-

1,00,00,000

10,00,000

: . . . .

. 1,07,00,000

. . . . . .

. . . 24,00,000

. '

. . . 25.00.000: 17,03,00,000

1,25,00,000 1,24,00,000

.1,5Q,O0,000 . 61,00,000 . 36,80,00,000

. l0 .00 ,000 . . .

. 3.00.000

SEC. 11 THE GAZElTE OF INDIA EXTRAORDINARY 3

No. o f

Vote ~ervices 'and purposes

Department of Economic Affairs . . . . . . . . . . . . . . . . . Revenue Capital

Department of Financial Services . . . . . . . . . . . . . . . . . Revenue Capital

CHARGED. - Inleresl Payments. . . . . . . . . . . . . . . . . . . Revenue Transfers to State and Union territory

Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue , Capital

Loans to Government Servants, etc . . . . . . . . . . . . . Capital CHARGED. - Repayment o j Debt . . . . . . . . . . . . . . . . . . Capltal Department of Expend~ture.. . . . . . . . . . . . . . . . . . . . . Revenue

Capital Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Indian Audit and Accounts Department . . . . . . . . . . . . Revenue

Capital Department of Revenue . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Direct Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Indirect Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Department of Disinvestment.. . . . . . . . . . . . . . . . . . . Revenue Ministry of Food Processing Industr~es . . . . . . . . . . . . Revenue

Capital Department -of Healfh and Family Welfare . . . . . . . . . Revenue

Capital Department of Ayurveda, Yoga and Naturopathy,

Unani, Siddha and Homoeopathy (AYUSH) ...... Revenue Capital

Department of Health Researcb . . . . . . . . . . . . . . . . . . Revenue Department of Heavy Industry. . . . . . . . . . . . . . .: . . . Revenue

Capital Department of Public Enterprises.. . . . . . . . . . . . . . . . Revenue Ministry of Honie Affairs . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital Cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Cap~tal Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Cap~tal Other Expenditure of the Ministry of

Home Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

Transfers to Union territory Governments. . . . . . . . . Revenue Capital

Ministry of Housing and Urban Poverty Alleviation .................................. Revenue

Department of School Education and Literacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

. . . . . . . . . . . . . . . . . Department of Higher Education Revenue Ministry of Information and Broadcasting . . . . . . . . . Revenue

Capital Ministry o f Labour and Employment.. ............ Revenue

Capital Election Commission.. . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Law and Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital CHARGED. - Supreme Court o j l n d i a . . . . . . . . . . . . . . . Revenue Ministry of Micro, Small and Medium

Enterprises.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

Voted by , Parliament

Rs. 6821,08,00,000 1850,40,00,000

32284,10,00,000 17325,00,00,000

Sums not exceeding Charged o n the I -

consolidated ~ u n d

Rs.

Total

Rs. 682 1,08,00,000 1850,40,00,000

32284,10,00,000 17325,00,00,000

25 1664,00,00,000

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- - .

65 Ministry of Mines.. . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

. . . . . . . . . . . . . . . . . . . 66 Ministry of Minority Affairs.. Revenue Capital

. . . . . . . . . . 67 Ministry of New and Renewable Energy.. Revenue Capital

68 Ministry of Overseas Indian Affairs ............... Revenue ., Capital

69 Ministry of Panchayati Raj ...................... Revenue 70 Ministry of Parliamentary Affairs . . . . . . . . . . . . . . . . Revenue 7 1 M~nistry of Personnel, Public Grievances

and Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

............ a 72 Ministry of Petroleum and Natural Gas Revenue 73 Ministry of Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital 74 Min~stry of Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital C H A R G E D . - - ~ ~ ~ ~ ~ Household and Allowances

of the Presiden~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue 76 Lok Sabha . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue 77 Rajya Sabha . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

C H A R G E D . - - U ~ ~ O ~ Public Service Commrssion. . . . . Revenue 79 Secretariat of the Vice-president . . . . . . . . . . . . . . . . . Revenue 80 Mlnistry of Road Transport and Highways . . . . . . . . . Revenue

Capital 8 1' Department of Rural Development . . . . . . . . . . . . . . Revenue

Capital ................. 82 Department of La'nd Resources.. Revenue

83 Department of Drinking Water Supply . . . . . . . . . . . . Revenue 84 Department of Science and Technology ........... Revenue

Capital 85 Department of Scientific and Industrial

Research.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

8 6 Department of Biotechnology . . . . . . . . . . . . . . . . . . . Revenue 87 Ministry of Shipping.. .......................... Revenue

Capital 88 Ministry of Social Justice and Empowerment. ...... Revenue

Capital 89 Department of Space ........................... Revenue

Capital 90 Ministry of Statistics and Programme

Implementation.. ............... -. ....... .: . . Revenue Capital

91 Ministry of Steel ............................... Revenue Capital

9 2 Ministry of Textiles . . . . . . .: .................... Revenue Capital

93 Ministry of Tourism . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

94 Ministry of Tribal Affairs . . . . . . . . . . . . . . . . . . . . . Revenue Capital

95 Andaman and Nicobar Islands . . . . . . . . . . . . . . . . . . Revenue Capital

96 Chandigarh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

97 Dadra and Nagar Haveli . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

98 Daman and Diu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

1

No. of Vote

Rs. 526,21,00,000

39,79,00,000 2500,37,00,000

115,00,00,000 955,20,00,000

53,30,00,000 71,80,00,000

9,20,00,000 5 170,71,00,000

7,47,00,000

Fund

. Rs. 14.00,OOO

2

Services and purposes

Rs.

3 Sums not exceeding

Voted by Parliament

Charged on the Consolidated Total

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5

V. I<. BHASN, Secy. to the Govt. of India.

1

No. of Vote

99

100

101

102

103

104 105

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010.

2

Services and purposes.

Lakshadweep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capital

Department of Urban Development. . . . . . . . . . . . . . . Revenue Capital

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Works : Revenue Capital

Stationery andprinting . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Capival

Ministry of Water Resources . . . . . . . . . . . . . . . . . . . . . Revenue Capital

h4inistry of Women and Child Development . . . . . . . Revenue Ministry of Youth AtTairs and Sports. . . . . . . . . . . . . . Revenue

Capital

TOTAL :

3

Voted by Parliciment

Rs..

581,43,00,000 . 216,29,00,000

1 1 83,20,00,000 4755,98,00,000 1070,89,00,000 399,69,00,000 228,64,00,000

13,00,000 1020,52,00,000

107,00,00,000 1 l070,50,00,000

2355,43,00,000 1209,57,00,000

982482,87,00,000

Sums not exceeding Charged o n the Consolidated

Fund

Rs.

29,41,00,-000 20,62,00.000

1,00,00,000 1,00,00.000

4,00,00,000

3678555,47,00,000

Total

Rs.

5 8 1,43,00,000 2 16,29,00,000

. 12 12,61,00.000 4776,60,00,000 1071.89.00,000 400,69,00,000 228.64,00,000

13,00,000 1020,52.00,000

1 1 1,00,00,000 1 1070,50,00,000

2355,43,00,000 1209,57,00,000

4661038,34,00,000 . .

7bR$t Ti0 72% ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10

EXTRAORDPNARY WT 11- rn 1

PART I1 - Section 1 rrfim4mim

PUBLISHED BY AUTHORITY

do 171 m, 2Jem 5, 2010 1 15, 1932 No. 171 NEW DELHI, WEDNESDAY, MAY 5,2010 / VAISAKHA 15,1932

w o r m # f o r ; ; r p s a ~ i t ~ B ~ % a m ~ ~ ~ # m ~ T I ~ Separate paging is given to this Part-in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 5th May, 20 1 01 Vaisakha 1 5, 1 93 2 (Saka) The following Act of Parliament received the assent of the President on the

4th May, 2010, and is hereby published for general information:-

THE APPROPRIATION (No. 3) ACT, 20 10

(No. 13 OF 2010) [4th May, 20 1 0 .I

An Act to provide 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 3 1 st day of March, 2008, in excess of the amounts granted for those services and for that year.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic ofIndia as follows:-

1. This Act may be called the Appropriation (No. 3) Act, 20 10.

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 one hundred seventy-one crores, thirty-five lakhs, eight thousand five hundred and twenty-nine rupees shall be deemed to have been authorised to be paid and applied to meet the amounts 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, 2008, in excess of the amounts granted for those services and for that year.

3. The sums deemed to have been authorised to be paid and applied 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 3 1st day of March, 2008.

Short title.

Issue of Rs. 17 1,35,08,529 out of the Consolidated Fund of India to meet certain excess expenditure for the year ended on the 31st March, 2008.

Appropriation

2 - THE GAZETTE OF IKDIA EXTRAORDINARY -- [PART IT-SEC, I]

No. of Vote

V. K. BHASIN, Secy. to the Govt. of India.

THE SCHEDULE (See sections 2 and 3)

- - ---

PRINTED BY THE GENERAL MANAGER, GOVT OF INDIA PRESS, MlNTO ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010.

2 ,

Services and purposes

Department of Posts . . . . . . . . . . . . . . . . . . . . . Capital 2,76,127 2,76,127

Defence Services-Army . . . . . . . . . . . . . . . Revenue 71,18,78,075 71,18,78,075

Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue 98,23,60,536 98,23,60,536

Ministry of Labour and Employment . . . . . . . . . Capital 1,79,64,968 1,79,64,968

Chandigarh . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue 4,77,412 4,77,4 12

. . . . . . . . . . Department of Urban Development Capital 5,51,411 5,51,411

TOTAL. ......... 171,26,80,991 8,27,538 171,35,08,529

3 Excess

Voted portion

Rs.

Chargeci portion

Rs.

Total

Rs.

7f3-@ Ti" 3% ?("~~;r)O4/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003-10

- mw

EXTRAORDINARY oTm 11-wx I

PART I1 - Section 1 m*m

PUBLISHED BY AUTHORITY

do 181 .id m, TfFFR, 1 0 , 2 0 1 0 h 20, 1932 No. 181 NEW DELHI, MONDAY, MAY 10,2010 1 VAISAKHA 20,1932

' d f i m 3 m ~ * i t d % r n % ~ m ~ - i i : m 3 m j ~ [ ~ l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 10th May, 20 1 OIVaisakha 20, 1932 (Saka)

The following Act of Parliament received the assent of the President on the 8th May, 20 10, and is hereby published for general information:-

THE FINANCE ACT, 20 10

No. 14 OF 2010 [Sth May, 2010.1

An Act to give effect to the financial proposals of the Central Government for the financial year 2010-201 1.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:--

CHAPTER I

1. (I) This Act may be called the Finance Act, 20 10. Short title

(2) Save as otherwise piovided in this Act, sections 2 to 56 shall be deemed to have ~ ~ ~ n m e n o e - come into force on the 1 st day ofApril, 201 0. ment.

CHAPTER I1 RATES OF INCOME-TAX

2. (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year ~ncome-tax. commencing on the 1st day ofApril, 20 10, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in each case in the manner provided therein.

(2) In the cases to which ParagraphAof Part I of the First Scheduie applies, where the assessee has, in the previous year, any net agricultural income exceeding five thousand rupees, in addition to total income, and the total income exceeds one lakh sixty thousand rupees, then,-

(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

in the total income after the first one lakh sixty thousand rupees of the total income but without being liable to tax], only for the purpose of charging income-tax in respect of the total income; and

(b) the income-tax chargeable shall be calculated as follows:-

(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the aggregate income at the rates specified in the said Paragraph A, as if such aggregate income were the total income;

(ii) the net agricultural income shall be increased by a sum of one lakh sixty thousand rupees, and the amount of income-tax shall be determined in respect of the net agricultural income as so increased at the rates specified in the said Paragraph A, as if the rlet agricultural income as so increased were the total income;

(iii) the amount of income-tax determined in accordance with sub-clause ( i ) shall be reduced by the amount of income-tax determined in accordance with sub-clause (ii) and the sum so arrived at shall be the income-tax in respect of the total income:

Provided that in the case of every woman, resident in India and below the age of sixty-five years at any time during the previous year, referred to in item (11) of Paragraph A of Part I of the First Schedule, the provisions of this sub-section shall have effect as if for the words "one lakh sixty thousand rupees", the words "one lakh ninety thousand rupees" had been substituted:

Provided further that in the case of every individual, being a resident in India, who is of the age of sixty-five years or more at any time during the previous year, referred to in item (III) of Paragraph A of Part I of the First Schedule, the provisions of this sub-section shall have effect as if for the words "one lakh sixty thousand rupees", the words "two lakh forty thousand rupees" had been substituted.

(3) In cases to which the provisions of Chapter XI1 or Chapter XII-A or Chapter XII-H or section 115JB or sub-section (IA) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act, 1961 (hereinafter referred to as the Income-tax Act) 43 of 1961.

apply, the tax chargeable shall be determined as provided in that Chapter or that section, and with reference to the rates imposed by sub-section (I) or the rates as specified in that Chapter or section, as the case may be:

Provided that the amount of income-tax computed in accordance with the provisions of section 11 1 A or section 1 12 shall be increased by a surcharge, for purposes of the Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part I of the First Schedule:

Provided further that in respect of any income chargeable to tax under sections 11 5A, 115AB,115AC, 115ACA, 115AD, 115B, 115BB, 1 ISBBA, 115BBC, 115E and 115JB ofthe Income-tax Act, the amount of income-tax computed under this sub-section shall be increased by a surcharge, for purposes of the Union, calculated,-

(a) in the case of a domestic company, at the rate of ten per cent. of such income-tax where the total income exceeds one crore rupees;

(b) in the case of every company, other than a domestic company, at the rate of h o and one-half per cent. of such income-tax where the total income exceeds one crore rupees:

Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds one crore rupees, the total amount payable as income-tax and surcharge on such income-tax shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3 --

(4) In cases in which tax has to be charged and paid under section 115-0 or sub- section (2) of section 11 5R of the Income-tax Act, the tax shall be charged and paid at the rates as specified in those sections and shall be increased by a surcharge, for purposes of the Union, calculated at the rate of seven and one-half per cent. of such tax.

(5) In cases in which tax has to be deducted under sections 193, 194, 194A, 194B, 194BB, I94D and 195 of the Income-tax Act, at the rates in force, the deductions shall be made at the rates specified in Part I1 of the First Schedule and shall be increased by a surcharge, for purposes of the Union, calculated in cases wherever prescribed, in the manner provided therein.

I (6) In cases in which tax has to be deducted under sections 194C, 194E, 194EE, 194F, 194G, 194H, 194-I,194J,194LA, 196B, 196C and 196D ofthe Income-taxAct, the deductions shall be made at the rates specified in those sections and shall be increased by a surcharge, for purposes of the Union, in the case of every company, other than a domestic company, calculated at the rate of two and one-half per cent. of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees.

(7) In cases in which tax has to be collected under the proviso to section 194B of the Income-tax Act, the collection shall be made at the rates specified in Part I1 of the First Schedule, and shall be increased by a surcharge, for purposes of the Union, calculated, in cases wherever prescribed, in the manner provided therein.

(8) In cases in which tax has to be collected under section 206C ofthe Income-tax Act, the collection shall be made a t the rates specified in that section and shall be increased by a surcharge, for purposes of the Union, in the case of every company, other than a domestic company, calculated at the rate of two and one-half per cent. of such tax, where the amount or the aggregate of such amounts collected and subject to the collection exceeds one crore rupees.

(9) Subject to the provisions of sub-section (lo), in cases in which income-tax has to be charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 of the Income-tax Act or deducted from, or paid on, income chargeable under the head "Salaries" under section 192 of the said Act or in which the "advance tax" payable under Chapter XVII-C of the said Act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" shall be so charged, deducted or computed at the rate or rates specified in Part 111 ofthe First Schedule and such tax shall be increased by a surcharge, for purposes of the Union, calculated in such cases and in such manner as provided therein:

Provided that in cases to which the provisions of Chapter XI1 or Chapter XII-A or section 11 5JB or sub-section (IA) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act apply, "advance tax" shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that Chapter or section, as the case may be:

Provided further that the amount of "advance tax" computed in accordance with the provisions of section 11 l A or section 112 of the Income-tax Act shall be increased by a surcharge, for 'purposes of the Union, as provided in Paragraph E of Part I11 of the First Schedule pertaining to the case of a company:

Provided also that in respect of any income chargeable to tax under sections 1 15A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 1 15BBA, I lSBBC, 115E and 115JB ofthe Income-tax Act, "advance tax" computed under the first proviso shall be increased by a surcharge, for purposes of the Union, calculated,-

(a) in the case of every domestic company, at the rate of seven and one-half per cent. of such "advance tax" where the total income exceeds one crore rupees;

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(b ) in the case of every company, other than a domestic company. at the rate of two and one-half per cent. of such "advance tax" where the total income exceeds one crore rupees:

Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds one crore rupees, the total amount payable as "advance tax" on such income and surcharge thereon, shall not exceed the total amount payable as "advance tax" on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

(10) In cases to which Paragraph Aof Part I11 of the First Schedule applies, where the assessee has, in the previous year or, if by virtue of any provision of the Income-tax Act. income-tax is to be charged in respect of the income of a period other than the previous year, in such other period, any net agricultural income exceeding five thousand rupees, in addition to total income and the total income exceeds one lakh sixty thousand rupees, then, in charging income-tax under sub-section (2) of section 174 or section 174A or section 175 or sub-section (2 ) of section 176 of the said Act or in computing the "advance tax" payable under Chapter XVII-C of the said Act, at the rate or rates in force,-

(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after the first one lakh sixty thousand rupees ofthe total income but without being liable to tax], only for the purpose of charging or computing such income-tax or, as the case may be, "advance tax" in respect of the total income; and

(6) such income-tax or, as the case may be, "advance tax" shall be so charged ,or computed as follows:-

( i ) the total income and the net agricultural income shall be aggregated and the amount of income-tax or "advance tax" shall be determined in respect of the aggregate income at the rates specified in the said Paragraph A, as if such aggregate income were the total income;

(ii) the net agricultural income shall be increased by a sum of one lakh sixty thousand rupees, and the amount of income-tax or "advance tax" shall be determined in respect of the net agricultural income as so increased at the rates specified in the said Paragraph A, as if the net agricultural income were the total income;

(iii) the amount of income-tax or "advance taxy' determined in accordance with sub-clause ( i ) shall be reduced by the amount of income-tax or, as the case may be, "advance tax" determined in accordance with sub-clause ( i i ) and the sum so arrived at shall be the income-tax or, as the case may be, "advance tax" in respect of the total income:

Provided that in the case of every woman, resident in India and below the age of sixty-five years at any time during the previous year, referred to in item ( I 4 of Paragraph A of Part I11 of the First Schedule, the provisions of this sub-section shall have effect as if for the words "one lakh sixty thousand rupees", the words "one lakh ninety thousand rupees" had been substituted:

Provided further that in the case of every individual, being a resident in India, who is of the age of sixty-five,years or more at any time during the previous year, referred to in item (III) of Paragraph A of Part 111 of the First Schedule, the provisions of this sub-section shall have effect as if for the words "one lakh sixty thousand rupees", the words "two lakh forty thousand rupees" had been substituted.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5

(11) The amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable surcharge, for purposes of the Union, calculated in the manner provided therein, shall be further increased by an additional surcharge, for purposes ofthe Union, to be called the "Education Cess on income-tax", calculated at the rate of two per cent. of such income-tax and surcharge so as to fulfil the commitment of the Government to provide and finance universalised quality basic education:

Provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections (5), (6), (7) and ( 9 , if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in India.

(12) The amount of income-tax as specified in sub-sections (1) to (10) and as increased by the applicable surcharge, for purposes of the Union, calculated in the manner provided therein, shall also be increased by an additional surcharge, for purposes of the Union, to be called the "Secondary and Higher Education Cess on income-tax", calculated at the rate of one per cent. of such income-tax and surcharge so as to fulfil the commitment of the Government to provide and finance secondary and higher education:

Provided that nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections ( 4 , (6), (7) and (8), if the income subjected to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in India.

(13) For the purposes of this section and the First Schedule,-

(a) "domestic company" means an Indian company or any other company which, in respect of its income liable to income-tax under the'Income-tax Act, for the assessment year commencing on the 1st day ofApril, 2010, has made the prescribed arrangements for the declaration and payment within India of the dividends (including dividends on preference shares) payable out of such income;

(b) "insurance commission" means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (including business relating to the continuance, renewal or revival of policies of insurance);

(c) "net agricultural income", in relation to a person,means the total amount of agricultural income, from whatever source derived, of that person computed in accordance with the rules contained in Part 1V of the First Schedule;

(d) all other words and expressions used in this section and the First Schedule but not defined in this sub-section and defined in the Income-tax Act shall have the meanings, respectively, assigned to them in that Act.

CHAPTER 111

DIRECT TAXES

3. In section 2 of thi~ncome-tax AC~,- Amendment of sectlon 2.

(a) in clause (15), after the proviso, the following proviso shall be inserted and

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

shall be deemed to have been inserted with effect from the 1st day of April, 2009, namely:-

"Provided further that the first proviso shall not apply if the aggregate value ofthe receipts from the activities referred to therein is ten lakh rupees or less in the previous year;";

(b) in clause (24), in sub-clause (xv), after the words, brackets and figures "value of property referred to in clause (vii)", the words, brackets, figures and letter "or clause (viia)" shall be inserted with effect from the 1 st day of June, 20 10.

Amendment 4. In section 9 of the Income-tax Act, for the Explanation occurring after sub-section Of 9. (2), the following Explanation shall be substituted and shall be deemed to have been

substituted with effect from the 1st day of June, 1976, namely:-

"Explanation.-For the removal of doubts, it is hereby declared that for the purposes of this section, income of a non-resident shall be deemed to accrue or arise in India under clause (v) or clause (vi) or clause (vii) of sub-section (I) and shall be included in the total income of the non-resident, whether or not,-

(i) the non-resident has a residence or place of business or business connection in India; or

(ii) the non-resident has rendered services in India.".

Amendment 5. In section 10 of the Income-taxAct, in clause (21), with effect from the 1st day of of section 10. 201

(a) for the words "scientific research association", wherever they occur, the words "research association" shall be substituted;

(b) in the opening portion, after the word, brackets and figures "clause (ii)", the words, brackets and figures "or clause (iii)" shall be inserted;

(c) in the first proviso, in clause (a),-

( A ) in sub-clause (i),-

(I) in item (2), for the words "scientific research", the words "scientific research or research in social science or statistical research" shall be substituted;

(II) in item (3), after the word, brackets and figures "clause (ii)", the words, brackets and figures "or clause (iii)" shall be inserted;

(B) in sub-clause (ii), for the words "scientific research", the words "scientific research or research in social science or statistical research" shall be substituted.

Amendment 6. In section lOAA of the Income:taxAct, in sub-section (7), the following proviso Of section shall be inserted, namely:- I OAA.

"Provided that the provisions of this sub-section [as amended by section 6 of the Finance (No. 2)Act, 20091 shall have effect for the assessment year beginning on 33 of 2009. the 1st day of April, 2006 and subsequent assessment years.".

Amendment 7. In section 12AAofthe Income-taxAct, in sub-section (3), after the word, brackets Of section and figure "sub-section (I)", the words, figures, letter and brackets "or has obtained 12AA.

registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 19961" shall be inserted with effect from the 1st day of June, 2010. 3 3 of 1996.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 7

8. In section 32 of the Income-tax Act, in sub-section ( I ) , in the fifth proviso, for the Amendmel~t words, brackets and figures "clause (xiii) and clause (xiv)", the words, brackets, figures and Of 32.

letter "clause (xiii), clause (xiiib) and clause (xiv)" shall be substituted with effect from the 1st day ofApril, 201 I.

9. In section 35 of the Income-tax Act, with effect from the 1st day ofApril, 201 1 ,- A~nelldment of section 35 .

( i ) in sub-section (I),-

(a) for the words "scientific research association", wherever they occur, I

the words "research association" shall be substituted; I

(b) in clause (ii), for the words "one and one-fourth", the words "one and three-fourth" shall be substituted;

(c) in clause (iii),-

(A) for the words "any sum paid to a university", the words "any sum paid to a research association which has as its object the undertaking of research in social science or statistical research or to a university" shall be substituted;

(B) in the proviso, for the words "such university", at both the places where they occur, the words "such association, university" shall be substituted;

(ii) in sub-section (2AA), in clause (a), for the words "one and one-fourth", the words "one and three-fourth" shall be substituted;

(iii) in sub-section (2AB), in clause (I), for the words "one and one-half', the word "two" shall be substituted.

10. In section 35AD of the ~ncome-bx~c t , - Amendment of section 35AD

(a) in sub-section (2), in clause (iii), in sub-clause (c), for the words "one- third of its total pipeline capacity", the words, brackets and figures "such proportion of its total pipeline capacity as specified by regulations made by the Petroleum and Natural Gas Regulatory Board established under sub-section (I ) of section 3 of the Petroleum and Natural Gas Regulatory Board Act, 2006" shall be substituted;

(b) for sub-section (3), the following sub-section shall be substituted with effect fiom the 1st day ofApril, 201 1, namely:-

'(3) Where a deduction under this section is claimed, and allowed in respect of the specified business for any assessment year, no deduction shall be allowed under the provisions of Chapter VI-A under the heading "C.-Deductions in respect of certain incomes" in relation to such specified business for the same or any other assessment year.';

(c) in sub-section (9, with effect from the I st day ofApril, 20 11 ,- (i) in clause (a), the word "and", occurring at the end, shall be omitted;

( i t ) after clause (a), the following clauses shall be inserted, namely:-

"(aa) on or after the 1st day of April, 2010, where the specified business is in the nature of building and operating a new hotel of two- star or above category as classified by the Central Government;

(ab) on or after the 1st day of April, 2010, where the specified business is in the nature of building and operating a new hospital with at least one hundred beds for patients;

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART U-

Amendment of section 35DDA.

Alnendment of section 40.

(ac) on or after the 1st day of April, 2010, where the specified business is in the nature of developing and building a housing project under a scheme for slum redevelopment or rehabilitation framed by the Central Government or a State Government, as the case may be, and which is notified by the Board in this behalf in accordance with the guidelines as may be prescribed; and";

(iii) in clause (b), for the word, brackets and letter "clause (a)", the words. brackets and letters "clause (a), clause (aa), Clause (ab) and clause (ac)" shall be substituted;

(6 ) in sub-section (8), in clause (c) , after sub-clause (iii), the following sub-clauses shall be inserted with effect from the 1st day ofApril, 201 1, namely:-

"(iv) building and operating, anywhere in India, a new hotel of two-star or above category as classified by the Central Government;

(v) building and operating, anywhere in India, a new hospital with at least one hundred beds for patients;

(vi) developing and building a housing project under a scheme for slum redevelopment or rehabilitation framed by the Central Government or a State Government, as the case may be, and notified by the Board in this behalf in accordance with the guildines as may be prescribed;".

11. In section 35DDA of the Income-tax Act, with effect from the 1st day of April, 201 1,-

(a) after sub-section (4), the following sub-section shall be inserted, namely:-

"(4A) Where there has been reorganisation of business, whereby a private company or unlisted public company is succeeded by a limited liability partnership fulfilling the conditions laid down in the proviso to clause (xiiib) of section 47, the provisions of this section shall, as far as may be, apply to the successor limited liability partnership, as they would have applied to the said company, if reorganisation of business had not taken place.";

(b) in sub-section (5) , for the words, brackets and figures "sub-section (3) and in the case of a firm or proprietary concern referred to in sub-section (4)", the words, brackets, figures and letter "sub-section (3, in the case of a firm or proprietary concern referred to in sub-section (4) and in the case of a company referred to in sub-section (4A)" shall be substituted.

12. In section 40 of the Income-tax Act, in clause (a), in sub-clause (ia),-

(a) for the portion beginning with the words "has not been paid,-" and ending with the words "the last day of the previous year", the words, brackets and figures "has not been paid on or before the due date specified in sub-section (1) of section 139" shall be substituted;

(b) for the proviso, the following proviso shall be substituted, namely:-

"Provided that where in respect of any such sum, tax has been deducted in any subsequent year, or has been deducted during the previous year but paid after the due date specified in sub-section (1) of section 139, such sum shall be allowed as a deduction in computing the income of the previous year in which such tax has been paid.".

SEC. I ] THE GAZEITE OF INDIA EXTRAORDINARY 9

13. In section 43 of the Income-tax Act, with effect from the 1 st day ofApril, 201 1 ,-

(a ) in clause ( I ) , in Explanation 13, in clause (b), in sub-clause (iii), for the brackets, figures and word "(xiii) and (xiv)", the brackets, figures, letter and word "(xiii), (xiiib) and (xiv)" shall be substituted;

(b). in clause (a, after Explanation 2B, the following Explanation shall be inserted, namely:-

"Explanation 2C.-Where in any previous year, any block o f assets is transferred by a private company or unlisted public company to a limited liability partnership and the conditions specified in the proviso to clause (xiiib) of section 47 are satisfied, then, notwithstanding anything contained in clause (I), the actual cost of the block of assets in the case of the limited liability partnership shall be the written down value of the block of assets as in the case of the said company on the date of conversion of the company into the limited liability partnership.".

14. In section 44AB of the Income-tax Act, with effect from the 1st day of April, 201 1 ,-

(a ) in clause (a), for the words "forty lakh rupees", the words "sixty lakh rupees" shall be substituted;

(6) in clause (b), for the words "ten lakh rupees", the words "fifteen lakh rupees" shall be substituted.

15. In section 44AD of the Income-tax Act [as amended by section 20 of the Finance 33 of 2009. (No. 2) Act, 20091, in the Explanation, in clause (b), in sub-clause (ii), for the words "forty

lakh rupees", the words "sixty lakh rupees" shall be substituted with effect from the 1st day ofApril, 20 11.

16. In section 44BB of the Income-tax Act, in the proviso to sub-section ( I ) , after the words, figures and letter "section 44D or", the words, figures and letters "section 44DA or" shall be inserted with effect from the 1st day ofApril, 201 1.

17. In section 44DA of the Income-tax Act, in sub-section ( I ) , after the proviso, the following proviso shall be inserted with effect from the 1st day ofApril, 201 1, namely:-

"Provided further that the provisions of section 44BB shall not apply in respect of the income referred to in this section.".

18. In section 47 of the Income-tax Act, after clause (xiiia), the following shall be inserted with effect from the 1 st day ofApril, 20 11, namely:-

'(xiiib) any transfer of a capital asset or intangible asset by a private company or unlisted public company (hereafter in this clause referred to as the company) to a limited liability partnership or any transfer of a share or shares held in the company by a shareholder as a result of conversion of the company into a limited liability partnership in accordance with the provisions of section 56 or section 57 of the

5 of 2009 Limited Liability Partnership Act, 2008:

Provided that-

(a ) all the assets and liabilities of the company immediately before the conversion become the assets and liabilities ofthe limited liability partnership:

Amend~nent of section 43.

A~nendment of section 44AB.

Amendment of section 44AD.

Amendment of section 44BB.

Amendment of section 44DA.

Amendment of section 47.

(b) all the shareholders of the company immediately before the conversion become the partners of the limited liability partnership and their capital contribution and profit sharing ratio in the limited liability partnership are in the same proportion as their shareholding in the company on the date of conversion;

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(c) the shareholders of the company do not receive any consideration or benefit, directly or indirectly, in any form or manner, other than by way of share in profit and capital contribution in the limited liability partnership;

(4 the aggregate of the profit sharing ratio of the shareholders of the company in the limited liability partnership shall not be less than fifty per cent. at any time during the period of five years from the date of conversion;

(e) the total sales, turnover or gross receipts in the business of the company in any of the three previous years preceding the previous year in which the conversion takes place does not exceed sixty lakh rupees; and

u> no amount is paid, either directly or indirectly, to any partner out of balance of accumulated profit standing in the accounts of the company on the date of conversion for a period of three years from the date of conversion.

Explanation.-For the purposes of this clause, the expressions "private company" and "unlisted public company" shall have the meanings respectively assigned to them in the Limited Liability Partnership Act, 2008;'. 6 of 2009

Amendment of section 47A.

Amendment of section 49.

Amendment of section 56.

19. In section 47A of the Income-tax Act, after sub-section (3), the following sub- section shall be inserted with effect from the 1 st day ofApril, 201 1, namely:-

"(4) Where any of the conditions laid down in the proviso to clause (xiiib) of section 47 are not complied with, the amount of profits or gains arising from the transfer of such capital asset or intangible assets or share or shares not charged under section 45 by virtue of conditions laid down in,the said proviso shall be deemed to be the profits and gains chargeable to tax ofthe successor limited liability partnership or the shareholder of the predecessor company, as the case may be, for the previous year in which the requirements of the said proviso are not complied with.".

20. In section 49 of the Income-taxAct,-

(a) in sub-section (I), in clause (iii), in sub-clause (e), for the words, brackets, figures and letters "clause (vicb) of section 47", the words, brackets, figures and letters "clause (vicb) or clause (xiiib) of section 47" shall be substituted with effect from the 1st day ofApril, 2011; . )

(b) after sub-section (2AA), the following sub-section shall be inserted with effect from the 1 st day ofApril, 201 1, namely:-

"(2AAA) Where the capital asset, being rights of a partner referred to in section42 of the Limited Liability Partnership Act, 2008, became the property of 6 of 2009

the assessee on conversion as referred to in clause (xiiib) of section 47, the cost of acquisition of the asset shall be deemed to be the cost of acquisition to him of the share or shares in the company immediately before its conversion.";

(c) in sub-section (4), after the word, brackets and figures "clause (vii)",at both the places where they occur, the words, brackets, figures and letter "or clause'(viia)" shall be inserted with effect from the 1 si day of June, 20 10.

21. In section 56 of the Income-tax Act, in sub-section (2),-

(a) in clause (vii),-

( i ) for sub-clause (b), the following sub-clause shall be substituted and shall be deemed to have been substituted with effect from the 1st day of October, 2009, namely:-

"(b) any immovable property, without consideration, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property;";

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 11

(ii) in the Explanation, in clause (4,-

(A) in the opening portion, for the word "means-", the words "means the following capital asset of the assessee, namely:-" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of October, 2009;

(B) in sub-clause (vii), the word "or" shall be omitted with effect from the 1st day of June, 201 0;

(C) in sub-clause (viii), the word "or" shall be inserted at the end with effect from the 1 st day of June, 20 10;

(D) after sub-clause (viii), the following sub-clause shall be inserted with effect from the 1 st day of June, 20 10, namely:-

"( ix) bullion;";

(b) after clause (vii), the following shall be inserted with effect from the 1 st day of June, 20 10, namely:-

'(viia) where a firm or a company not being a company in which the public are substantially interested, receives, in any previous year, from any person or persons, on or after the 1st day of June, 2010, any property, being shares of a company not being a company in which the public are substantially interested,-

(i) without consideration, the aggregate fair market value of which exceeds fifty thousand rupees, the whole of the aggregate fair market value of such property;

(ii) for a consideration which is less than the aggregate fair market value of the property by an amount exceeding fifty thousand rupees, the aggregate fair market value of such property as exceeds such consideration:

Provided that this clause shall not apply to any such property received by way of a transaction not regarded as transfer under clause (via) or clause (vic) or clause (vicb) or clause (vi4 or clause (vii) of section 47.

Explanation.-For the purposes of this clause, "fair market value" of a property, being shares of a company not being a company in which the public are substantially interested, shall have the meaning assigned to it in the Explanation to clause (vii);'.

22. In section 72A ofthe Income-tax Act, with effect from the 1 st day ofApril, 20 1 1 ,- Amendmellt of section

(a) after sub-section (6), the following shall be inserted, namely:- 72A.

"(6A) Where there has been reorganisation of business whereby a private company or unlisted public company is succeeded by a limited liability partnership fulfilling the conditions laid down in the proviso to clause (xiiib) of section 47, then, notwithstanding anything contained in any other provision of this Act, the accumulated loss and the unabsorbed depreciation of the predecessor company, shall be deemed to be the loss or allowance for depreciation ofthe successor limited liability partnership for the purpose of the previous year in which business reorganisation was effected and other provisions ofthis Act relating to set offand carry forward of loss and allowance for depreciation shall apply accordingly:

Amendment of section' 80A.

Insertion of new section 8OCCF.

Deduction in respect of subscription to long-term infrastructure bonds.

Amendment of section 80D.

Amendment of section 80GGA.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Provided that if any of the conditions laid down in the proviso to clause (xiiib) of section 47 are not complied with, the set off of loss or allowance of depreciation made in any previous year in the hands of the successor limited

. liability:partnership, shall be deemed to be the income of the limited liability partnership chargeable to tax in the year in which such conditions are not complied with.";

(6) in sub-section (7), for clauses (a) and (b), the following clauses shall, respectively, be substituted, namely:-

'(a) "accumulated loss" means so much of the loss of the predecessor firm or the proprietary concern or the private company or unlisted public company before conversion into limited liability partnership or the amalgamating company or the demerged company, as the case may be, under the head "Profits and gains of business or profession" (not being a loss sustained in a speculation business) which such predecessor firm or the proprietary concern or the company or amalgamating company or demerged company, would have been entitled to carry forward and set off under the provisions of section 72 if the reorganisation of business or conversion or amalgamation or demerger had not taken place;

(b) "unabsorbed depreciation" means so much of the allowance for depreciation of the predecessor firm or the proprietary concern or the private company or unlisted public company before conversion into limited liability partnership or the amalgamating company or the demerged company, as the case may be, which remains to be allowed and which would have been allowed to the predecessor firm or the proprietary concern or the company or amalgamating company or demerged company, as the case may be, under the provisions of this Act, if the reorganisation of business or conversion or amalgamation or demerger had not taken place;'.

23. In section 80A of the Income-tax Act, after sub-section (6) and the Explanation thereto, the following sub-section shall be inserted with effect from the 1st day of April, 201 1, namely:-

'(7) Where a deduction under any provision of this Chapter under the heading "C.-Deductions in respect of certain incomes" is claimed and allowed in respect of profits of any of the specified business referred to in clause (c) of sub-section (8) of section 35AD for any assessment year, no deduction shall be allowed under the provisions of section 35AD in relation to such specified business for the same or any other assessment year.'.

24. After section 80CCE ofthe Income-tax Act, the following section shall be inserted with effect from the 1st day ofApril, 201 1, namely:-

"8OCCF. In computing the total income of an assessee, being an individual or a Hindu undivided family, there shall be deducted, the whole of the amount, to the extent such amount does not exceed twenty thousand rupees, paid or deposited, during the previous year relevant to the assessment year beginning on the 1st day of April, 201 1, as subscription to long-term infrastructure bonds as may, for the purposes of this section, be notified by the Central Government.".

25. In section 80D of the Income-tax Act, in sub-section (2)' in clause (a), after the words "his family", the words "or any contribution made to the Central Government Health Scheme" shall be inserted with effect from the 1st day ofApril, 201 1.

26. In section SOGGA of the Income-tax Act, in sub-section (2), with effect from the 1st day ofApril, 2011,-

(a) in clause (a), for the words "scientific research association", the words "research association" shall be substituted;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 13

(b) in clause (aa),-

(A) for the words "to a University9', the words "to a research association which has as its object the undertaking of research in social science or statistical research or to a University" shall be substituted;

(B) in the proviso, for the words "such University", the words "such association, University" shall be substituted;

(C) in the Explanation, for the words "scientific research association", the words "research association" shall be substituted.

27. In section 80-IB of the Income-tax Act, in sub-section (lo),--

(i) in clause (a),-

Amendment of section 80-IB.

(a) in sub-clause (ii), after the words, figures and letters "the 1st day of April, 2004", the words, figures and letters "but not later than the 3 1st day of March, 2005" shall be inserted;

(b) after sub-clause (ii), the following sub-clause shall be inserted,

"(iii) in a case where a housing project has been approved by the local authority on or after the 1st day ofApril, 2005, within five years from the end of the financial year in which the housing project is approved by the local authority.";

(ii) in clause (4,- (a) for the words "five per cent.", the words "three per cent." shall be

substituted;

(b) for the words "two thousand square feet, whichever is less", the words "five thousand square feet, whichever is higher" shall be substituted.

28. In section 80-ID of the Income-tax Act, in sub-section (2), with effect from the Amendment

1st day ofApril, 20 11 ,- of section 80-ID

(a) in clause (i), for the words, figures and letters "the 3 1st day of March, 20 lo", the words, figures and letters "the 3 1 st day of July, 2010" shall be substituted;

(b) in clause (ii), for ' the words, figures and letters "the 3 1 st day of March, 2010", the words, figures and letters "the 3 1st day ofJuly, 201 0" shall be substituted.

29. In section 115JAAofthe Income-tax Act, after sub-section (6), the following shall Amendment

be inserted with effect from the 1st day ofApril, 201 1, namely:- of section 115JAA.

'(7) In case of conversion of a private company or unlisted public company 6 of 2009. into a limited liability partnership under the Limited Liability Partnership Act, 2008,

the provisions of this section shall not apply to the successor limited liability - partnership.

Explanation.-For the purposes of this section, the expressions "private company" and "unlisted public company" shall have the meanings respectively

6 of 2009. assigned to them in the Limited Liability Partnership Act, 2008.'.

30. In section 115JB of the Income-tax Act, in sub-section (I), with effect from the Amendment

1st day ofApril, 201 1,- of section 115JB

(a) for the words, figures and letters "the 1st day of April, 20107', the words, 1 figures and letters "the 1st day of April, 201 1" shall be substituted;

(b) for the words "fifteen per cent." at both the places where they occur, the words "eighteen per cent." shall be substituted.

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Amendment of section 115WE.

Amendment of section 139.

Amendment of section 142A.

Amendment of section 143.

Amendment of section 194B. Amendment of section 194BB.

Amendment of Section 194C.

Amendment of section 194D.

Amendment of sectlon 194H.

Amendment of section 194-1.

Amendment of section 194 5.

Amendment of section 20 1

31. In section 115WE of the Income-tax Act, in sub-section (IB), for the words, figures and letters "after the 3 1st day of March, 2010", the words, figures and letters "after the 3 1 st day of March, 201 1" shall be substituted.

32. In section 139 ofthe Income-taxAct, in sub-section (4C), for the words "scientific research association" at both the places where they occur, the words "research association" shall be substituted with effect from the 1st day ofApril, 201 1.

33. In section 142A of the Income-tax Act, in sub-section (I), for the words, figures and letter "section 69B is required to be made", the words, figures, letter and brackets "section 69B or fair market value of any property referred to in sub-section (2) of section 56 is required to be made" shall be substituted with effect from the 1st day of July, 2010.

34. In section 143 of the Income-taxAct,-

(a) in sub-section (IB), for the words, figures and letters "after the 3 1 st day of March, 20 lo", the words, figures and letters "after the 3 1st day ofMarch, 20 1 1" shall be substituted;

(b) in sub-section (3), in the first proviso, for the words "scientific research association", wherever they occur, the words "research association" shall be substituted with effect from the 1st day ofApril, 201 1.

35. In section 194B of the Income-tax Act, for the words "five thousand rupees", the words "ten thousand rupees" shall be substituted with effect from the 1st day of July, 201 0.

36. In section 194BB ofthe Income-tax Act, for the words "two thousand five hundred rupees", the words "five thousand rupees" shall be substituted with effect from the 1st day ofJuly, 2010.

37. In section 194C of the Income-tax Act, in sub-section (5), with effect from the 1st day ofJuly, 2010,- 6

(a) for the words "twenty thousand rupees", the words "thirty thousand rupees" shall be substituted;

(b) in the proviso, for the words "fifty thousand rupees", the words "seventy- five thousand rupees" shall be substituted.

38. In section 194D of the Income-tax Act, in the second proviso, for the words "five thousand rupees", the words "twenty thousand rupees" shall be substituted with effect from the 1st day of July, 2010.

39. In section 194H of the Income-tax Act, in the first proviso, for the words "two thousand five hundred rupees", the words "five thousand rupees" shall be substituted with effect from the 1 st day of July, 2010.

40. In section 194-1 of the Income-tax Act, in the first proviso, for the words "one hundred and twenty thousand rupees", the words "one hundred eighty thousand rupees" shall be substituted with effect from the 1st day of July, 2010.

41. In section 194J of the Income-tax Act, in the first proviso to sub-section ( I ) , in clause (B), for the words "twenty thousand rupees", wherever they occur, the words "thirty thousand rupees" shall be substituted with effect from the 1 st day of July, 20 10.

42. In section 201 of the income-tax Act, for sub-section (IA), the following sub- section shall be substituted with effect fiom the 1 st day of July, 201 0, namely:-

"(IA) Without prejudice to the provisions of sub-section (I), if any such person, principal officer or company as is referred to in that sub-section does not deduct the whole or any part of the tax or after deducting fails to pay the tax as required by or under this Act, he or it shall be liable to pay simple interest,-

( i ) at one per cent. for every month or part of a month on the amount of

THE GAZEEE OF INDIA EXTRAORDINARY 15

such tax from the date on which such tax was deductible to the date o n which such tax is deducted; and I

( i i) at one and one-half per cent. for every month or part of a month on the amount of such tax from the date on which such tax was deducted to the date on which such tax is actually paid,

and such interest shall be paid before furnishing the statement in accordance with the provisions of sub-section (3) of section 200.".

43. In section 203 of the Income-tax Act, sub-section (3) shall be omitted.

44. In section 206C ofthe Income-tax Act, in sub-section (5),-

(a ) the first proviso shall be omitted;

(b) in the second proviso, for the words "Provided further", the word "Provided" shall be'substituted.

45. In section 245A of the Income-tax Act, in clause (b ) , with effect from the 1st day of June, 20 10,-

( i ) in the proviso, clauses ( i i) and (iii) shall be omitted;

( i i) in the Explanation,-

(a) clause (ii) shall be omitted;

jb) after clause (iii), the following clause shall be inserted, namely:-

"(iiia) a proceeding for assessment or reassessment for any of the assessment years, referred to in clause (b ) of sub-section ( I ) of section 153A in case of aperson referred to in section 153A or section 153C, shall be deemed to have commenced on the date of issue of notice initiating such proceeding and concluded on the date on which the assessment is made;";

(c) in clause ( iv) , for the words, brackets and figures "clause ( i i) or clause (iiz) or clause (iv) ofthe proviso", the words, brackets, figures and letter "clause (iv) of the proviso or clause (iiia) ofthe Explanation" shall be substituted.

46. In section 245C of the Income-tax Act, in sub-section ( I ) , for the proviso, the following proviso shall be substituted with effect from the 1st day of June, 20 10, namely:-

Amendment of section 203. Anlendmelit of section 206C.

Amendment of section 245A.

Amendment of section 245C

"Provided that no such application shall be made unless,-

( i ) in a case where proceedings for assessment or reassessment for any of the assessment years referred to in clause (b ) of sub-section ( I ) of section 153A or clause (b) of sub-section (1 ) of section 153B in case of a person referred to in section 153A or section 153C have been initiated, the additional amount of income-thx payable on the income disclosed in the application exceeds fifty lakh rupees,

(ii) in any other case, the additional amount of income-tax payable on the income disclosed in the application exceeds ten lakh rupees,

and such tax and the interest thereon, which would have been paid under the provisions of this Act had the income disclosed in the application been declared in the return of income before the Assessing Officer on the date of application, has been paid on or before the date of making the application and the proof of such payment is attached with the application.".

47. In section 245D ofthe Income-tax Act, in sub-section (#A),- Amendment of section

(a) in clause (ii), after the words, figures and letters "the 1st day of June, 2007", 24511. the words, figures and letters "but before the 1 st day of June, 2010" shall be inserted;

(b) after clause (ii), the following clause shall be inserted with effect from the 1 st day of June, 20 10, namely:-

16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Amendment of section 256.

Amendment of section 260A.

A~nendtnent of section 2718.

Amendment of section 282B.

Amendment of First Schedule.

Amendment of' section 22A.

"(iii) in respect of an application made on or after the 1st day of June, 2010, within eighteen months from the end of the month in which the application was made.".

48. In section 256 of the Income-tax Act, after sub-section (2), the following sub- section shall be inserted and shall be deemed to have been inserted with effect from the 1 st day of June, 198 1, namely:-

"(2A) The High Court may admit an application after the expiry ofthe period of six months referred to in sub-section (2), if it is satisfied that there was sufficient cause for not filing the same within that period.".

49. In section 260A of the Income-tax Act, after sub-section (2), the following sub- section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1998, namely:-

"(2A) The High Court may admit an appeal after the expiry ofthe period of one hundred and twenty days referred to in clause (a) of sub-section (2), if it is satisfied that there was sufficient cause for not filing the same within that period.".

50. In section 271B of the Income-tax Act, for the words "one hundred thousand rupees", the words "one hundred fifty thousand rupees" shall be substituted with effect from the 1 st day ofApril, 201 1.

51. In section 282B of the Income-tax Act [as inserted by section 78 of the Finance (No. 2) Act, 20091, with effect from the 1st day of October, 2010,- 33 of 2005

(a) in sub-section (I), for the words "income-tax authority shall", the words, figures and letters "income-tax authority shall, on or after the 1st day of July, 20 11 ," shall' be substituted;

(b) in sub-section (3), for the words "received by", the words, figures and letters "received, on or after the 1st day of July, 201 1, by" shall be substituted.

52. In the First Schedule to the Income-taxAct, in rule 5, for clause (b) [as inserted by clause (ii) of section 80 of the Finance (No.2) Act, 20091, the following clause shall be 33 of 2009

substituted with effect from the 1st day ofApril, 201 1, namely:-

"(6) (i) any gain or loss on realisation of investments shall be added or deducted, as the case may be, if such gain or loss is not credited or debited to the profit and loss account;

(ii) any provision for diminution in the value of investment debited to the profit '

and loss account, shall be added back;".

53. In section 22Aofthe Wealth-tax Act, 1957 (hereinafter referred to as the Wealth- 27 of 1957

tax Act), in clause (b), with effect from the 1 st day of June, 20 10,-

(i) in the proviso, clause (iii) shall be omitted;

(ii) in the Explanation,-

(a) for clause (iii), the following clause shall be substituted, namely:-

"(iii) a proceeding for assessment or reassessment for any of the assessment years, in consequence of a search initiated under section 37A or requisition made under section 37B, shall be deemed to have commenced on the date of issue of notice initiating such proceedings and concluded on the date on which the assessment is made;".

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 17 -

(b) in clause (iv), for the words, brackets and figures "or clause (iii) of the proviso", the words, brackets and figures "of the proviso or clause (iii) of the Explanation" shall be substituted.

54. In section 22D of the Wealth-tax Act, in sub-section (4A),- Amendment of sect1011

(a) in clause (iz), after the words, figures and letters "the 1st day of June, 2007". 22D.

the words, figures and letters "but before the 1 st day of June, 2010" shall be inserted:

(b) after clause (ii), the following clause shall be inserted with effect from the 1 st day of June, 20 10, namely:-

"(iii) in respect of an application made on or after the 1st day of June, 2010, within eighteen months from the end of the month in whichthe application was made.".

55. In section 27 of the Wealth-tax Act, after sub-section (3A), the following sub- Amelld~ner~t

section shall be inserted and shall be deemed to have been inserted with effect from the Of Sect'o" 27

1 st day of June, 1 98 1, namely:-

"(3B) The High Court may admit an application after the expiry of the period of ninety days referred to in sub-section (3), if it is satisfied that there was sufficient cause for not filing the same within that period.".

56. In section 27A of the Wealth-tax Act, after sub-section (I), the following sub- Alnendmellt section shall be inserted and shall be deemed to have been inserted with effect from the of ~ectioll

278. 1st day ofOctober, 1998, namely:-

"(IA) The High Court may admit an appeal after the expiry ofthe period of one hundred and twenty days referred to in sub-section (I), if it is satisfied that there was sufficient cause for not filing the same within that period.".

Customs

52 of 1962. 57. In the Customs Act, 1962 (hereinafter referred to as the Customs Act), in section Amendment

127B, in sub-section ( I ) , for the words "but excluding the goods not included in the entry $;~t""

made under this Act", the words "or otherwise" shall be substituted. 58. In section 127C ofthe Customs Act, in sub-section (Q, the following proviso shall Amelldlnent

of section be inserted, namely:- 127C.

"Provided that the period specified under this sub-section may, for reasons to be recorded in writing, be extended by the Settlement Commission for a further period not exceeding three months.".

59. In section 127L of the Customs Act,-

(a) in sub-section (I),-

Amendment of section 127L.

(i) the words, figures and letters "before the 1 st day of June, 2007" shall be omitted;

(ii) in clause ( i) , after the words, brackets, figures and letter "sub-section (7) of section 127C", the words, figures, brackets and letter "as it stood

22 of 2007. immediately before the commencement of section 102 of the Finance Act, 2007 or sub-section (5) of section 127C" shall be inserted;

(iii) in clause (ii), after the word, brackets and figure "sub-section (7)", the words, figures, brackets and letter "as it stood immediately before the

22 of 2007 commencement of section 102 of the Finance Act, 2007 or sub-section (5) of section 127C" shall be inserted;

(b) sub-section (2) shall be omitted.

18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Amendment 60. (1) The notifications of the Government of India in the Ministry of Finance of - notifications (Department of Revenue) number G.S.R. 11 8(E), dated the 1 st March, 2002 and number G.S.R.

ullder 92(E), dated the 1st March, 2006, issued under sub-section (I) of section 25 of the Customs sub-section ( I ) Act, shall stand amended and shall be deemed to have been amended retrospectively, in the

25 manner specified in column (3) ofthe Second Schedule, on and fiom the corresponding date of Customs Act. specified in column (4) of that Schedule, against each ofthe notifications specified in column

(2) of that Schedule. (2) For the purposes of sub-section (I), the Central Government shall have and shall

be deemed to have the power to amend the notifications referred to in said sub-section (I) with retrospective effect as if the Central Government had the power to amend the said notifications under sub-section (I) of section 25 of the Customs Act, retrospectively, at all material times.

(3) No suit or other proceedings shall be instituted, maintained or continued in any court, tribunal or other authority for any action taken or anything done or omitted to be done, in respect of any goods, under any such rule, regulation, notification or order and no enforcement shall be made by any court, of any decree or order relating to such action taken or anything done or omitted to be done as if the amendments made in said notifications had been in force at all material times.

(4) Recovery shall be made of the amount which has not been paid but which would have been paid as if the amendments made in the manner specified in said sub- section ( I ) had been in force at all material times.

Explanation.-For the ren~oval of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if the notifications referred to in this section had not been amended retrospectively.

Customs tariff

Amendment 61. In the Customs TariffAct, 1975 (hereinafter referred to as the Customs TariffAct), 5 I of 1975 of section 3. in section 3, in sub-section (2), for the first proviso, the following proviso shall be substituted,

namely:- '' Provided that in case of an article imported into India,-

(a) in relation to which it is required, under the provisions ofthe Standards of Weights and Measures Act,1976 or the rules made thereunder or under any 60 of 1976. other law for the time being in force, to declare on the package thereof the retail sale price of such article; and

(b) where the like article produced or manufactured in India, or in case where such like article is not so produced or manufactured, then, the class or description of articles to which the imported article belongs, is-

(z) the goods specified by notification in the Official Gazette under sub-section (I) of section 4A of the Central Excise Act, 1944, the value of 1 of 1944. the imported article shall be deemed to be the retail sale price declared on the imported article less such amount of abatement, if any, from such retail sale price as the Central Government may, by notification in the Official Gazette, allow in respect of such like article under sub-section (2) of section 4A of that Act; or

(ii) the goods specified by notification in the Official Gazette under section 3, read with clause (I) of Explanation 111 of the Schedule to the Medicinal and Toilet Preparations (Excise Duties) Act, 1955, the value of 16 of I 955 the imported article shall be deemed to be the retail sale price declared on the imported article less such amount of abatement, if any, fiom such retail sale price as the Central Government may, by notification in the Official Gazette, allow in respect of such like article under clause (2) of the said Explanation.

Explanation.-Where on any imported article more than one retail sale price is declared, the maximum of such retail sale price shall be deemed to be the retail sale price for the purposes of this section.".

SEC. 11 THE GAZETTE OF WDIA EXTRAORDINARY 19

62. The First Schedule to the Customs TariffAct shall be amended in the manner specified in the Third Schedule.

63. In the Second Schedule to the Customs Tariff Act, against heading No. 16, in column (3), for the entry "Rs. 2500 per tonne", the entry "Rs. 10000 per tonne" shall be substituted.

Excise

64. In the Central Excise Act, 1944 (hereinafter referred to as the Central Excise Act), in section 1 lA, in sub-section (2B), after Explanation 2, the following Explanation shall be inserted, namely:-

Amendment of First Schedule.

.Amendment of Second Schedale.

Amendment of section 11A.

"Explanation 3.- For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of duty under this sub-section and interest thereon.".

65. In section 32E of the Central Excise Act, in sub-section ( I ) , for the words "but Amelldment of

excluding the goods in respect of which no proper record has been maintained by the 32E

assessee in his daily stock register", the words "or otherwise" shall be substituted.

66. In section 32F of the Central Excise Act, in sub-section (6), the following proviso Amendment of shall be inserted, namely:- section 32F.

"Provided that the period specified under this sub-section may, for reasons to be recorded in writing, be extended by the Settlement commission for a firther period not exceeding three months.".

67. In section 32-0 of the Central ExciseAct,- Amendmel~r of section 32-0 .

(a) in sub-section (I),-

(i) the words, figures and letters "before the 1st day of June, 2007" shall be omitted;

(ii) in clause (i), after the words, brackets, figures and letter "sub-section (7) of section 32F", the words, figures, brackets and letter ", as it stood immediately before the commencement of section 122 of the Finance Act, 2007 or sub-section (5) of section 32F," shall be inserted;

(iii) in clause (ii), after the word, brackets and figure "sub-section (7)", the words, figures, brackets and letter ", as it stood immediately before the commencement of section 122 of the Finance Act, 2007 or sub-section (5) of section 32F," shall be inserted;

(b) sub-section (2) shall be omitted.

68. In section 37 of the Central Excise Act, in sub-section (2), after clause (xiii), the Amendment of

following clause shall be inserted, namely:- section 37.

"(xiiia) provide for withdrawal of facilities or imposition of restrictions (including restrictions on utilisation ofCENVAT credit) on manufacturer or exporter or suspension of registration of dealer, for dealing with evasion of duty or misuse of CENVAT credit;".

69. (1) The Central Excise Rules, 1944, made by the Central Government in exercise of Amendmellt of

the powers conferred by section 37 of the Central Excise Act, shall stand amended and shall & ' , ' ~ ~ ~ l ~ ~ ~ l &

be deemed to have been amended retrospectively, in the manner specified in column (3) of insertion of the Fourth Schedule, on and from and up to the corresponding date specified in column (4) new rule

of that Schedule, against the rule specified in column (2) of that Schedule. 57CCC.

(2) Where a person opts to pay the amount in accordance with the provisions of the Central Excise Rules, 1944 as amended by sub-section (I), he shall pay the amount along with interest specified thereunder and make an application to the Commissioner of Central Excise along with documentary evidence and a certificate from a Chartered Accountant or a Cost

Amendment of rule 57AD of Central Excise Rules, 1944.

20 'THE GALETTE OF INDIA EXTRAORDINARY [PART 11-

Accountant certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture of the final prcducts, which are exempted from the whole of the duty of excise leviable thereon or chargeatle to nil rate of duty, within a period of six months from the date on which the Finance Bill, 2013 receives the assent of the President.

(3) The Commissioner of Cenlral Excise shall, on receipt of an application under sub- section (2), verify the correctness oftae amount paid within a period of two months from the date of receipt of the application and i~ case the amount so paid is found to be Iess than the amount payable, he shall call upon theapplicant to pay the differential amount along with interest, which shall be paid within a period of ten days from the date of receipt of the communication from the Commissioner ir. this regard.

(4) Notwithstanding anything conthed in any judgment, decree or order of any court, tribunal or other authority, any actiol taken or anything done or purported to have been taken or done, at any time during the period commencing on and from the 1st day of September, 1996 and ending with the 31st day of March, 2000, relating to the provisions as amended by sub-section (I), shall be deemed to be and deemed always to have been, for all purposes, as validly and effectively taken or done as ifthe amendment made by sub-section (1) had been in force at all material times.

(5) Notwithstanding the supersession of the Central Excise Rules, 1944, for the purposes of sub-section (I), the Central Government shall have and shall be deemed to have the power to make rules with retrospective effect as if the Central Government had the power to make rules under section 37 ofthe Central Excise Act, retrospectively, at all material times.

Explanation.-For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable had this section not come into force.

70. (1) In the Central Excise Rules, 1944, made bythe Central ~overnment in exercise of the powers conferred by section 37 of the Central Excise Act, rule 57D, as substituted by rule 2 of the Central Excise (Second Amendment) Rules, 2000, published in the Official Gazette vide notification of the Government of India in the Ministry of Finance (Department of Revenue) number G.S.R. 203(E), dated the 1st March, 2000, and subsequently substituted as rule 57AD by rule 5 of the Central Excise [Second Amendment (Amendment)] Rules, 2000, published in the Gazette of India vide notification ofthe Government of India in the Ministry ofFinance (Department ofRevenue) number GS.R. 298 (E), dated the 3 1st March, 2000, shall stand amended and shall be deemed to have been amended retrospectively, in the manner specified in column (3) of the Fifth Schedule, on and from and up to the corresponding date specified in column (4) of that Schedule against the rules specified in column (2) of that Schedule.

(2) Where a person opts to pay the amount in accordance with the provisions as amended by sub-section (I), he shall pay the amount along with interest specified thereunder and make an application to the Commissioner of Central Excise along with documentary evidence and a certificate from a Chartered Accountant or a Cost Accountant certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture of the final products, which are exempted from the whole of the duty of excise leviable thereon or chargeable to nil rate of duty, within a period of six months from the date on which the Finance Bill, 2010 receives the assent of the President.

(3) The Con~missioner of Central Excise shall, on receipt of an application under sub- section (2), verifythe correctness ofthe amount paid within a period of two months from the date of receipt of the application and in case the amount so paid is found to be less than the amount payable, he shall call upon the applicant to pay the differential amount along with interest, which shall be paid within a period of ten days from the date of receipt of the communication from the Commissioner in this regard.

(4) Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, any action taken or anything done or purported to have been taken or done, at any time during the period commencing on and from the 1st day of

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 2 1

April, 2000 and ending with the 30th day of June, 2001 relating to the provisions as amended by sub-section (I), shall be deemed to be and deemed always to have been, for all purposes, as validly and effectively taken or done as if the amendment made by sub-section (1) had been in force at all material times.

- (5) Notwithstanding the supersession of'the Central Excise Rules, 1944, for the purposes of sub-section (I), the Central Government shall have and shall be deemed to have the power to make rules with retrospective effect as ifthe Central Government had the power to make rules under section 37 ofthe Central Excise Act, retrospectively, at all material times.

Explanation.- For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable had this section not come into force.

71. (1) In the CENVAT:Credit Rules, 2001, made by the Central Government in exercise Amendment of of the powers conferred by section 37 of the Central Excise Act and published in the Official 6 of

CENVAT Gazette vide notification of the Government of India in the Ministry ofFinance (Department Credit Rules, ofRevenue) number G.S.R. 445(E), dated the 21st June, 2001, rule 6 shall stand amended and 200 1.

shall be deemed to have been amended retrospectively, in the manner specified in column (3) of the Sixth Schedule, on and from and up to the corresponding date specified incolumn (4) of that Schedule, against the rules specified in column (2) of that Schedule.

(2) Where a person opts to pay the amount in accordance with the provisions as amended by sub-section (I), he shall pay the amount along with interest specified thereunder and make an application to the Commissioner of Central Excise along with documentary evidence and a certificate from a Chartered Accountant or a Cost Accountant certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture of exempted goods within a period of six months from the date on which the Finance Bill, 2010 receives the assent of the President.

(3) The Commissioner of Central Excise shall, on receipt of an application under sub- section (2), veriQ the correctness ofthe amount paid within aperiod of two months from the date of receipt of the application and in case the amount so paid is found to be less than the amount payable, he shall call upon the applicant to pay the differential amount along with i<!erest, which shall be paid within a period of ten days from the date of receipt of the communication from the Commissioner in this regard.

(4) Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, any action taken or anything done or purported to have been taken or done, at any time during the period commencing on and from the 1st day of July, 2001 and ending with the 28th day of February, 2002, relating to the provisions as amended by sub-section (I), shall be deemed to be and deemed always to have been, for all purposes, as validly and effectively taken or done as if the amendment made by sub-section (1) had been in force at all material times.

(5) ~ o t w i i s t a n d i n ~ the supersession of the CENVAT Credit Rules, 2001, for the purposes of sub-section (I), the Central Government shall have and shall be deemed to have the power to make rules with retrospective effect as ifthe Central Government had the power to make rules under section 37 of the Central Excise Act, retrospectively, at all material times.

Explanation.-For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable had this section not come into force.

72. (1) In the CENVAT Credit Rules, 2002, made bythe Central Government in exercise Amendment of

ofthe powers conferred by section 37 ofthe Central Excise Act, and published in the Otficial :gCv$ Gazette vide notification ofthe Government of India in the Ministry of Finance (Department Credit Rules, ofRevenue) number G.S.R. 144(E), dated the 1st March, 2002, rule 6 shall stand amended and 2002. shall be deemed to haye been amended retrospectively, in the manner specified in column (3)

Amendment of rule 6 of CENVAT Credit Rules, 2004.

22 GAZETTE 0 . NDIA EXTRAORDINARY [PART II-

of the Seventh Schedule, on and from and , to the corresponding date specified n column (4) of that Schedule, against the rule specill in column (2) of that Schedule.

(2) Where a person opts to pay the nount in accordance with the provisions as amended by sub-section (I), he shall pay the haunt along with interest specified thereunder and make an application to the Conlmissionr of Central Excise along with hcumentary evidence and a certificate from a Chartered Ac3untant or a Cost Accountant artifying the amount of input credit attributable to the inputtlsed in or in relation to the manufacture of exempted goods within aperiod ofsix months fitn the date on which the Finance Bill, 2010 receives the assent of the President.

(3) The Commissioner of Central Excise shal. or, receipt of an application under sub- section (2), verify the correctness ofthe amount ~aid9ritp.i~ a period of two months from the date of receipt of the application and in case the amoun. S~oaid is found to be less than the amount payable, he shall call upon the applicant to pay th;lifferential amount along with interest, which shall be paid within a period of ten days fiw the date of receipt of the communication from the Commissioner in this regard.

(4) Notwithstanding anything contained in any judgme:, decree or order of any court, tribunal or other authority, any action taken or anything L?ne or purported to have been taken or done, at any time during the period commencing onahd from the 1st day of March, 2002 and ending with the 9th day of September, 2004, relatabto the provisions as amended by sub-section (I), shall be deemed to be, and deemed always h have been, for all purposes, as validly and effectivelytaken or done as ifthe amendment made)y sub-section (I) had been in force at ail material times.

(5) Notwithstanding the supersession of the CENVAT Credit RuleS,~oo2, for the purposes of sub-section (I), the Central Government shall have and shall be demed to have the power to make rules with retrospective effect as if the Central Government halthe power to make rules under section 37 ofthe Central Excise Act, retrospectively, at all ma:e~ial times.

Explanation.-For the removal of doubts, it is hereby declared that no act oi omission on the part of any person shall be punishable as an offence which would not havt been so punishable had this section not come into force.

73. (1) In the CENVAT Credit Rules, 2004, made by the Central Government in e:ercise of the powers conferred by section 37 of the Central Excise Act, as published in the OFficial Gazette vide notification of the Government of India in the Ministry of Finance (Department ofRevenue) number G.S.R. 600(E), dated the 10th September, 2004, rule 6 shall stand amended and shall be deemed to have been amended retrospectively, in the manner specified in column (3) of the Eighth Schedule, on and from and up to the corresponding date specified in column (4) of that Schedule, against the rule specified in column (2) of that Schedule.

(2) Where a person opts to pay the amount in accordance with the provisions as amended by sub-section ( I ) , he shall pay the amount along with interest specified thereunder and make an application to the Commissioner of Central Excise along with documentary evidence and a certificate from a Chartered Accountant or a Cost Accountant, certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture of exempted goods, within a period of six months from the date on which the Finance Bill, 2010 receives the assent of the President.

(3) The Commissioner of Central Excise shall, on receipt of an application under sub- section (2), verifythe correctness of the amount paid within a period oftwo months from the date of receipt of the application and in case the amount so paid is found to be less than the amount payable, he shall call upon the applicant to pay the differential amount along with interest, which shall be paid within a period of ten days from the date of receipt of the communication from the Commissioner in this regard.

(4) Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, any action taken or anything done or purported to have been taken or done, at any time during the period commencing on and from the 10th day of September, 2004 and ending with the 3 1 st day of March, 2008, relating to the provisions as amended by sub-section (I), shall be deemed to be and deemed always to have been, for all purposes, as validly and effectively taken or done as if the amendment made by sub-section (I) had been in force at all material times.

9

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 23

(5) For the purposes of sub-section (I), the Central Government shall have and shall be deemed to have the power to make rules with retrospective effect as if the Central Government had the power to make rules under section 37 of the Central Excise Act, retrospectively, at all material times.

Explanation.-For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable had this section not come into force.

74. In the notification of the Government of India in the Ministry ofFinance (Department 41nendment of

of Revenue) number G.S.R. 156(E), dated the 14th day of March, 2006, issued under rule 5 of ~ s ~ ~ , ~ ~ ~ ~ ~ the CENVAT Credit Rules, 2004, with effect from the 14th day of March, 2006,- rule 5 of

C EN VAT (A) in the opening portion,- Credit Roles,

2004. (1') in clause (a), for the words "used in", the words "used in or in relation

to" shall be substituted and shall be deemed to have been substituted;

( i i ) in clause (b) , for the words "used in", the words "used for" shall be substituted and shall be deemed to have been substituted;

(B) in the Appendix, in condition 5, the portion beginning with the letters and words Ye. Maximum rehnd" and ending with the letters and figures "i,e. Rs. 50" shall be omitted and shall be deemed to have been omitted.

Central Excise Tarf l

75. The First Schedule to the Central Excise TariffAct, 1985 (hereinafter referred to as Amendment of First the Central Excise TariffAct) shall be amended in the manner specified in theNinth Schedule. to Act 5 of 1986

CHAPTER V

76. In the Finance Act, 1994,- Amendment of Act 32 of

(A) in section 65, save as otherwise provided, with effect fiom such date as 1994.

the Central Government may, by notification in the Official Gazette, appoint,-

(I) in clause (19), in sub-clause (ii), the Explanation shall be omitted;

(2) after clause (19a), the following clause shall be inserted, namely:-

'(19b) "business entity" includes an association of persons, body of individuals, company or firm but does not include an individual;';

(3) in clause (25b), for the words "commercial or industrial construction service", the words "commercial or industrial construction" shall be substituted;

(4) for clause (77c), the following clause shall be substituted, namely:-

L(77c) L'pa~~enger" means any person boarding an aircraft in India for performing domestic journey or international journey;';

(5) for clause (82), the following clause shall be substituted, namely:-

'(82) "port service" means any service rendered within a port or other port, in any manner;';

(6) in clause (105),-

(a) for sub-clause (zn), the following sub-clause shall be substituted, namely:-

"(zn) to any person, by any other person, in relation to port services in a port, in any manner:

24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Provided that the provisions of section 65A shall not apply to any service when the same is rendered wholly within the port;";

(6) in sub-clause (zzc), the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2003, namely:-

6Explanation.-For the removal of doubts, it is hereby declared that the expression "commercial training or coaching centre" occurring in this sub-clause and in clauses (26): (27) and (90a) shall include any centre or institute, by whatever name called, where training or coaching is imparted for consideration, whether or not such centre or institute is registered as a trust or a society or similar other organisation under any law for the time being in force and carrying on its activity with or without profit motive and the expression "commercial training or coaching" shall be construed accordingly;';

(c) for sub-clauses (zzI) and (zzm), the following sub-clauses shall be substituted, namely:-

"(zzI) to any person, by any other person, in relation to port services in other port, in any manner:

Provided that the provisions of section 65A shall not apply to any service when the same is rendered wholly within other port; ,

(zzm) to any person, by airports authority or by any other person, in any airport or a civil enclave:

Provided that the provisions of section 65A shall not apply to any service when the same is rendered wholly within the airport or civil enclave;";

(d) in sub-clause (zzq),-

(i) the word "service" shall be omitted;

(ii) the following Explanation shall be inserted, namely:-

"Explanation.-For the purposes of this sub-clause, the construction of a new building which is intended for sale, wholly or partly, by a builder or any person authorised by the builder before, during or after construction (except in cases for which no sum is received from or on behalf o f the prospective buyer by the builder or the person authorised by the builder before grant of completion certificate by the authority competent to issue such certificate under any law for the time being in force) shall be deemed to be service provided by the builder to the buyer;";

(e) in sub-clause (zzzh), the following Explanation shall be inserted, namely:-

"Explanation.--For the purposes of this sub-clause, construction of a complex which is intended for sale, wholly or partly, by a builder or any person authorised by the builder before, during or after construction (except in cases for which no sum is received from or on behalf ofthe prospective buyer by the builder or a person authorised by the builder before the grant of completion certificate by the authority competent to issue sucll certificate under any law for the time being in force) shall be deemed to be service provided by the bui!der. to the buyer;";

(i) for sub-clauses (zzzn) and (zzzo), the following sub-clauses shall be substituted, namely:-

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 25 7

"(zzzn) to any person, by any other person receiving sponsorship, in relation to such sponsorship, in any manner;

(zzzo) to any passenger, by an aircraft operator, in relation to scheduled or non-scheduled air transport of such passenger embarking in India for domestic journey or international journey;";

(g) in sub-clause (zzzr), the following Explanation shall be inserted, namely:-

'Explanation.-For the removal of doubts, it is hereby declared that for the purposes of this sub-clause, "auction by the Government" means the Government property being auctioned by any person acting as auctioneer;';

(h) in sub-clause (zzzz),-

( i) for the portion beginning with the words "to any person" and ending with the words "business or commerce", the following shall be substituted and shall be deemed to have been substituted with effect from the 1st day of June, 2007, namely:-

"to any person, by any other person, by renting of immovable property or any other service in relation to such renting, for use in the course of or for furtherance of, business or commerce.";

(ii) in Explanation 1, after item (iv), the following item shall be inserted, namely:-

"(v) vacant land given on lease or licence for construction of building or temporary structure at a later stage to be used for furtherance of business or commerce;";

(i) in sub-clause (zzzze), the words "for use in the course, or furtherance, of business or commerce," shall be omitted;

(j) in sub-clause (zzzzj), in the Explanation, for clauses (ii) and (iii), the following clause shall be substituted, namely:-

"(ii) the gross amount charged by the insurer from the policy holder for the said service provided or to be provided shall be equal to the maximum amount fixed by the Insurance Regulatory and Development Authority established under section 3 o f the Insurance Regulatory and Development Authority Act, 1999, as fund management charges for unit linked insurance plan or the actual amount charged for the said purpose by the insurer from the policy holder, whichever is higher;";

(k) Explanation to sub-clause (zzzzm) shall be omitted;

(I) after sub-clause (zzzzm), the following sub-clauses shall be inserted, namely:-

'(zzzzn) to any person, by any other person, for promotion, marketing, organising or in any other manner assisting in organising games of chance, including lottery, Bingo or Lotto in whatever form or by whatever name called, whether or not conducted through internet or other electronic networks;

(zzzzo) by any hospital, nursing home or multi-speciality clinic,-

(i) to an employee of any business entity, in relation to health check-up or preventive care, where the payment for such check-up or preventive care is made by such business

26 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

entity directly to such hospital, nursing home or multi- speciality clinic; or

(ii) to a person covered by health insurance scheme, for any health check-up or treatment, where the payment for such health check-up or treatment is made by the insurance company directly to such hospital, nursing home or multi- speciality clinic;

(zzzzp) to any business entity, by any other person, in relation to storing, keeping or maintaining of medical records of employees of a business entity;

(zzzzq) to any person, by any other person, through a business entity or otherwise, under a contract for promotion or marketing of a brand of goods, service, event or endorsement of name, including a trade name, logo or house mark of a business entity by appearing in advertisement and promotional event or carrying out any promotional activity for such goods, service or event.

Explanation.-For the purposes of this sub-clause, "brand" includes symbol, monogram, label, signature or invented words which indicate connection with the said goods, service, event or , business entity;

(zzzzr) to any person, by any other person, by granting the right or by permitting commercial use or exploitation of any event including an event relating to art, entertainment, business, sports or marriage organised by such other person;

(zzzzs) to any person, by an electricity exchange, by whatever name called, approved by the Central Electricity Regulatory Commission constituted under section 76 of the Electricity Act, 2003, in relation to trading, processing, clearing or settlement of 36 of 2003 spot contracts, term ahead contracts, seasonal contracts, derivatives or any other electricity related contract;

(zzzzt) to any person, by any other person, for-

(a) transferring temporarily; or

(b) permitting the use or enjoyment of,

any copyright defined in the Copyright Act, 1957, except the rights covered 14 of 1957 under sub-clause (a) of clause (1) of section 13 of the said Act; 1

(zzzzu) to a buyer, by a builder of a residential complex, or a commercial complex, or any other person authorised by such builder, for providing preferential location or development of such complex but does not include services covered under sub-clauses (zzg), (zzq), (zzzh) and in relation to parking place.

Explanation.-For the purposes o f this sub-clause, "preferential location" means any location having extra advantage which attracts extra payment over and above the basic sale price;';

(B) in section 66, with effect from such date as the Central Government may, by notification in the Official Gazette, appoint, for the word, brackets and letters "and (zzzzm)", the brackets, letters and word ", (zzzzm), (zzzzn), (zzzzo), (zzzzp), (zzzzq), (zzzzr), (zzzzs), (zzzzt) and (zzzzu)" shall be substituted;

(C) in section 73, in sub-section (3), the Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanation shall be inserted, namely:-

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 27

"Explanation 2.-For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of service tax under this sub-section and interest thereon.";

(D) in section 95, after sub-section (IF), the following sub-section shall be inserted, namely:-

"(IG) If any difficulty arises in respect of implementing, classifying or assessing the value of any taxable service incorporated in this Chapter by the Finance Act, 2010, the Central Government may, by order published in the Official Gazette, not inconsistent with the provisions ofthis Chapter, remove the difficulty:

Provided that no such order shall be made after the expiry of a period of one year from the date on which the Finance Bill, 2010 receives the assent ofthe President.".

77. Any action taken or anything done or omitted to be done or purported to have been Valldatlon of taken or done or omitted to be done under sub-clause (zzzz) of clause (1 05) of section 65 of the action take11

31 of 1994 Finance Act, 1994, at any time during the period commencing on and from the 1 st day of June, ~ ~ n ~ c s ~ ~ z z , 2007 and ending with the day, the Finance Bill, 2010 receives the assent of the President, shall be ,I,,,, deemed to be and deemed always to have been. for all purposes, as validly and effectively taken (1 05) of

or done or omitted to be done as if the amendment made in sub-clause (zzzz) of clause (105) of section 65, by sub-item (i) of item (h) of sub-clause (6) of clause (A) of section 76 of the Finance Act, 2010 had been in force at all material times and, accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,-

(a) any action taken or anything done or omitted to be taken or done in relation to the levy and collection of service tax during the said period on the taxable service of renting of immovable property, shall be deemed to be and deemed always to have been, as validlytaken or done or omitted to be done as ifthe said amendment had been in force at all material times;

(bj no suit or other proceedings shall be maintained or continued in any court, tribunal or other authority for the levy and collection of such service tax and no enforcement shall be made by any court of any decree or order relating to such action taken or anything done or omitted to be done as if the said amendment had been in force at all material times;

(c) recovery shall be made of all such amounts of service tax, interest or penalty or fine or other charges which may not have been collected or, as the case may be, which have been refunded but which would have been collected or, as the case may be, would not have been refunded, as if the said amendment had been in force at all material times.

Explanation.-For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable had this amendment not come into force.

CHAPTER VI CENTRAL SALES TAX

74 of 1956. 78. In the Central Sales Tax Act, 1956 (hereinafter referred to as the Central Sales Tax Amendment

Act), in section 6A,- of section 6A

(a) in sub-section (Z), for the portion beginning with the words "are true, he may" and ending with the words "declaration relates shall", the words "are true and that no inter-State sale has been effected, he may, at the time of, or at any time before, the assessment of the tax payable by the dealer under this Act, make an order to that effect and thereupon the movement of goods to which the declaration relates shall, subject to the provisions of sub-section (3)," shall be substituted;

-. A

28 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

(b) after sub-section (2), the following sub-section shall be inserted, namely:-

"(3) Nothing contained in sub-section (2) shall preclude reassessment by the assessing authority on the ground of discovery of new facts or revision by a higher authority on the ground that the findings of the assessing authority are contrary to law, and such reassessment or revision may be done in accordance with the provisions of general sales tax law of the State.".

Insertion of 79. After Chapter V ofthe Central Sales Tax Act, the following Chapter shall be inserted, new Chapter namely:- VA.

'CHAPTER VA

APPEALS TO THE HIGHEST APPELLATE AUTHORITY OF THE STATE

Appeals to highest appellate authority of State.

18A. (I) Notwithstanding anything contained in a State Act, any person aggrieved by an order made by the assessing authority under sub-section (2) of section 6A, or an order made under the provisions of sub-section (3) of that section, may, notwithstanding anything contained in the general sales tax law ofthe appropriate State, prefer an appeal to the highest appellate authority of the State against such order:

Provided that any incidental issues including the rate of tax, computation of assessable turnover and penalty may be raised in such appeal.

(2)An appeal under sub-section (I) shall be filed within sixty days from the date on which the order referred to in that sub-section is communicated to the aggrieved person:

Provided that any appeal forwarded by the highest appellate authority of a State to the first appellate authority under the proviso to sub-section (2) of section 25 and pending before such authority immediately before the appointed day shall be transferred, on such appointed day, to the highest appellate authority of the State and the same shall be treated as an appeal filed under sub-section (I) and dealt with accordingly.

Explanation.-For the purposes of this sub-section, "appointed day" means such date as the Central Government may, by notification in the Oscial Gazette, appoint.

(3) The highest appellate authority of a State may, after giving both the parties an opportunity of being heard, pass appropriate order.

(4) The highest appellate authority of the State may, as far as practicable, hear and decide such appeal within a period of six months from the date of filing of the appeal.

(5) Notwithstanding anything contained in a State Act, the highest appellate authority of a State may, on the application of the appellant and after considering relevant facts, including the deposit of any amount towards local or central sales tax in other States on the same goods, pass an order of stay subject to such terms and conditions as it thinks fit, and such order may, inter alia, indicate the portion of tax as

, assessed, to be deposited prior to admission of the appeal.

Explanation.-For the purposes of this section and sections 20,21,22 and 25, "highest appellate authority of a State", with its grammatical variations, means any authority or tribunal or court, except the High Court, established or constituted under the general sales tax law of a State, by whatever name called.'.

Amendmcn t SO. In section 20 of the Central Sales Tax Act, for sub-section (I) and the Explanation Of section 20. thereunder, the following sub-section shall be substituted, namely:-

"(I) An appeal shall lie to the Authority against any order passed by the highest appellate authority of a State under this Act determining issues relating to stock

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 29

transfers or consignments of goods, in so far as they involve a dispute of inter-State nature.".

81. In section 22 of the Central Sales Tax Act,- Anlendmenr of sectloll 22

(a) for the word "pre-deposit", wherever it occurs, the word "deposit" shall be substituted;

(b) after sub-section (IA), the following sub-section shall be inserted, namely:-

"(1B) The Authority may issue direction for refund of tax collected by a State which has been held by the Authority to be not due to that State, or alternatively, direct that State to transfer the refundable amount to the State to which central sales tax is due on the same transaction:

Provided that the amount of tax directed to be refunded by a State shall not exceed the amount of central sales tax payable by the appellant on the same transaction.".

82. In section 25 of the Central Sales Tax Act, the proviso to sub-section (2) shall be Amendment of

omitted. sectioil 25.

83. (1) This Chapter extends to the whole of India. Clean Energy

(2) It shall come into force on such date as the central Government may, by ceSS.

notification in the Official Gazette, appoint. (3) There shall be levied and collected in accordance with the provisions of this

Chapter, a cess to be called the Clean Energy Cess, as duty of excise, on goods specified in the Tenth Schedule, being goods produced in India, at the rates set forth in the said Schedule for the purposes of financing and promoting clean energy initiatives, funding research in the area of clean energy or for any other purpose relating thereto.

(4) The 'proceeds of the cess levied under sub-section (3) 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, utilise such sums of money of the cess for the purposes specified in sub-section (3), as it may consider necessary.

(5j The cess leviable under sub-section (3) shall be in addition to any cess or duty leviable on the goods specified in the Tenth Schedule under any other law for the time being in force.

(6) The cess leviable under sub-section (3) shall be for the purposes of the Union and the proceeds thereof shall not be distributed among the States and the manner of assessment, collection, utilisation and any other matter relating to cess shall be such as may be prescribed by rules.

(7) The Central Government may, by notification in the Official Gazette, declare that 1 of 1944 any of the provisions of the Central Excise Act, 1944, relating to levy of and exemption from

duty of excise, refund, offences and penalties, confiscation and procedure relating to offences and appeals shall, with such modifications and alterations as it may consider necessary, be applicable in respect of cess levied under sub-section (3).

84. (1) The Central Government may, by notification in the Official Gazette, make rules power of

for carrying out the provisions of this Chapter. central Government to

(2) In particular, and without prejudice to the generality of the foregoing power, such make rules.

rules may provide for -

(a) the manner of assessment, collection and utilisation of the cess under sub- section (6) of section 83;

(b) any other matter relating to the cess under sub-section (6) of section 83.

A m e l ~ d m e ~ ~ t of sectior~ 3 of Act 16 of 1955

Amendment of Seventh Schedule to A C ~ 14 of 200 1. Amendment of Seventh Schedule to Act 18 of 2005.

3 0 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(3) Every rule made and every notification issued under this Chapter shall be laid as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for atotal period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification, or 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 that ruIe or notification.

CHAPTER VIII

MISCELLANEOUS

85. In the Medicinal and Toilet Preparations (Excise Duties)Act, 1955, in section 3, in sub-section (I), after the words "dutiable goods", the brackets and words "(excluding goods produced or manufactured in a Special Economic Zone)" shall be inserted.

86. The Seventh Schedule to the Finance Act, 2001 shall be amended in the manner specified in the Eleventh Schedule.

87. The Seventh Schedule to the Finance Act, 2005 shall be amended in the manner specified in the Twelfth Schedule.

SEC. 11 THE GAZE?"TE OF INDIA EXTRAORDINARY 3 1

THE FIRST SCHEDULE (See section 2)

PART I

Paragraph A

(I) In the case of every individual other than the individual referred to in items (II) and (III) of this Paragraph or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Part applies,-

Rates of income-tax (1) where the total income does not exceed Rs. 1,60,000 Nil:

(2) where the total income exceeds Rs.1.60,000 but does not 10 per cent. of the amount by which the total income exceed Rs. 3,00,000 exceeds Rs. 1,60,000;

(3) where the total income exceeds Rs. 3,00,000 but does not Rs. 14,000 plus 20 per cent. of the amount by which the exceed Rs. 5,00,000 total income exceeds Rs. 3,00,000;

(4) where the total income exceeds Rs. 5,00,000 Rs. 54,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 5,00,000.

(II) In the case of every individual, being a woman resident in India, and below the age of sixty-five years at any time during the previous year,-

Rates of income-tax

(1) where the total income does not exceed Rs. 1,90,000 Nil;

(2) where the total income exceeds Rs. 1,90,000 but does 10 per cent. of the amount by which the total income not exceed Rs. 3,00,000 exceeds Rs. 1,90,000;

(3) where the total income exceeds Rs. 3,00,000 but does Rs. 11,000 plus 20 per cent. of the amount by which not exceed Rs. 5,00,000 the total income exceeds Rs. 3,00,000;

(4) where the total income exceeds Rs. 5,00,000 Rs. 51,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 5,00,000.

(III) In the case of every individual, being a resident in India, who is of the age of sixty-five years or more at any time during the previous year,--

Rates of income-tax

(1) where the total income does not exceed Rs. 2,40,000 Nil;

(2) where the total income exceeds Rs. 2,40,000 but does not 10 per cent. of the amount by which the total income exceed Rs. 3,00,000 exceeds Rs. 2,40,000;

(3) where the total income exceeds Rs. 3,00,000 but does not Rs. 6,000plus 20 per cent. of the amount by which the exceed Rs. 5,00,000 total income exceeds Rs. 3,00,000:

(4) where the total income exceeds Rs. 5,00,000 Rs. 46,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 5,00,000.

Paragraph B In the case of every co-operative society,-

Rates of income-tax

(1) where the total income does not exceed Rs. 10,000 10 per cent. of the total income;

(2) where the total income exceeds Rs.10,000 but does Rs.1,OOOpIus 20 per cent. of the amount by not exceed Rs. 20,000 which the total income exceeds Rs.10,000;

(3) where the total income exceeds Rs. 20,000 Rs. 3,000plus 30 per cent. ofthe amount by which the total income exceeds Rs. 20,000.

32 THE GAZETTE OF INDIA EXTRAORDINARY [P ~ R T 1f-

Paragraph C In the case of every firm,-

30 per cent. Rate of income-tax

On the whole of the total income Paragraph D

In the case of every local authority,- Rate of income-tax

On the whole of the total income 30 per cent. Paragraph E

In the case of a company,- - Rates of income-tax

I. In the case of a domestic company 30 per cent. of the total income; 11. In the case of a company other than a domestic company-

( i ) on so much of the total income as consists of,- (a) royalties received from Government or an Indian concern in

pursuance of an agreement made by it with the Government or the Indian concern after the 31st day of March, 1961 but before the 1st day ofApril, 1976; or

(b) fees fbr rendering technical services received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 29th day of February, 1964 but before the 1st day ofApril, 1976,

and where such agreement has, in either case, been approved by the Central Government

50 per cent.;

(ii) on the balance, if any, of the total income 40 per cent.

Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions ofthis Paragraph, or in section 11 1A

or section 112, shall, in the case of every company, be increased by a surcharge for purposes of the Union calculated,- (i) in the case of every domestic company having a total income exceeding one crore rupees, at the rate of ten per cent.

of such income-tax; (ii) in the case of every company other than a domestic company having a total income exceeding one crore rupees,

at the rate of two and one-half per cent.: Provided that in the case of every company having a total income exceeding one crore rupees, the total amount payable

as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

PART 11

RATES FOR DEDUCT~ON OF TAX AT SOURCE IN CERTAIN CASES

In every case in which under the provisions of sections l93,194,194A, 194B, 194BB, 194D and 195 ofthe Income-tax Act, tax is to be deducted at the rates in force, deduction shall be made from the income subject to the deduction at the following rates:-

Rare o f income-tax

1. In the case of a person other than a company-

(a) where the person is resident in India-

(i) on income by way of interest other than "Interest 10 per cent.; on securities"

(ii) on income by way of winnings from lotteries, 30 per cent.; crossword puzzles, card games and other games of any sort

(iii) on income by way of winnings from horse races 30 per cent.; (iv) on income by way of insurance commission 10 per cent.;

SEC. [ I THE GAZETTE OF INDIA EXTRAORDINARY 3 3

(v) on income by way of interest payable on- (A) any debentures or securities for money issued by or on behalf

of any local authority or a corporation established by a Central, State or Provincial Act;

(B) any debentures issued by a company where such debentures are listed on a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder;

(C) any security of the Central or State Government (vi) on any other income

(b) where the person is not resident in India- (i) in the case of a non-resident Indian-

(A) on any investment income (B) on income by way of long-term capital gains referred to in

section 1 15E (C) on income by way of short-term capital'gains referred to in

section 11 11A (D) on other income by way of long-term capital gains [not being

long-term capital gains referred to in clauses (33), (36) and (38) of section 101

(E) on income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency

(fl on income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (IA) of section 115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section (IA) of section 11 5A of the Income-tax Act, to a person resident in India-

(I) where the agreement is made on or after the 1st day of June, 11997 but before the 1st day of June, 2005

(II) where the agreement is ma,de on or after the 1st day of June, 2005 (G) on income by way of royalty [not being royalty of the nature

referred to in sub-item (b)'(i)(fl] payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy-

(I) where the agreement is made on or after the 1st day of June, 1997 but before the 1 st day of June, 2005

(II) where the agreement is made on or after the 1st day of June, 2005

Rate of income-tui

10 per cent.;

10 per cent.;

20 per cent.;

10.per cent.;

15 per sent.;

20 per cent.;

20 per cent.;

20 per cent.;

1 0 per cent. ;

20 per cent.;

10 per cent.;

(H) on income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, ofthe Government of India, the agreement is in accordance with that policy-

34 . THE GAZETTE OF lNDlA EXTRAORDINARY [PAKT II-

- . Rate o f income-rax -

(I) where the agreement is made on or after the 1st day of June, 1997 20 per cent.; but before the I st day of June, 2005

(II) where the agreement is made on or afler the 1 st day of June, 2005 1 O per cenr.;

(I) on income by way ofwinnings from lotteries, crossword puzzles, 30 per cent.; card games and other games of any sort

(4 on income by way of winnings from horse races 30 per cent.;

( K ) on the whole of the other income 30 per cent.;

(ii) in the case of any other person-

( A ) on income by way of interest payable by Government or an 20 per cent. Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency

( B ) on income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section ( I A ) of section 115A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section ( I A ) of section 115A of the Income-tax Act, to a person resident in India-

(I) where the agreement is made on or after the 1st day of 20 per cent.; June, 1997 but before the 1st day of June, 2005

(II) where the agreement is made on or after the 1st day of 10 per cent.; June, 2005

(C) on income by way of royalty [not being royalty of the nature referred to in sub-item (b)( i i ) (B)] payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy-

(I) where the agreement is made on or after the 1st day of 20 per cent.; June, 1997 but before the 1st day of June, 2005

(II) where the agreement is made on or after the 1 st day of 10 per cent.; June, 2005

(D) on income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government ofIndia, the agreement is in accordance with that policy-

(I) where the agreement is made on or after the 1st day of 20 per cent.; June, 1997 but before the 1st day of June, 2005

(II) where the agreement is made on or after the 1st day of 10 per cent.; June, 2005

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 3 5

Rare of i~zco~ne-rox

(LC) on income by way ofwinnings ftom lotteries, crossword puzzles, 30 per cent.; card games and other games of any sort

(I;) on income by way of winnings from horse races 30 per cent.;

(G) on income by way of short-term capital gains referred to in 15 per cent.; section 1 1 1 A

(H) on income by way of long-term capital gains [not being long- term capital gains referred to in clauses (33), (36) and (38) of section 101

. (0 on the whole of the other income

2. In the case of a company-

(a) where the company is a domestic company-

(i) on income by way of interest other than "Interest 'on securities"

(ii) on income by way ofwinnings from lotteries, crossword puzzles, card games and other games of any sort

(iii) on income by way of winnings from horse races

(iv) on any other income

(b) where the company is not a domestic company-

(i) on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort

\

(ii) on income by way of winnings from horse races

20 per cent.;

3 0 per cent.

10 per cent.;

30 per cent.;

30 per cent.;

10 per cent.;

30 per cent.;

30 per cent.;

(iii) on income by way of interest payable by Government or an Indian 20 per cent.; concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency

(iv) on income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern after the 31st day of March, 1976 where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to sub-section (IA) of section 11 5A of the Income-tax Act, to the Indian concern, or in respect of any computer software referred to in the second proviso to sub-section (IA) of section 115A of the Income-tax Act, to a person resident in India-

(A) where the agreement is made before the 1st day of June, 1997 30 per cent.;

(B) where the agreement is made on or after the 1st day of 20 percent.; June, 1997 but before the 1st day of June, 2005

(C) where the agreement is made on or after the 1st day of lopercent.;

June, 2005

(v) on income by way of royalty [not being royalty of the nature referred to in sub-item (b)(iv)] payable by Government or an Indian concern in pursuance of an agreement m@e by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Centrai Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy-

36 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

Rate of income-tax

( A ) where the agreement is made after the 3 1st day of 50 per cent.; March, 1961 but before the 1st day ofApril, 1976

(B) where the agreement is made after the 31st day of 30 per cent.; March, 1976 but before the 1 st day of June, 1997

(C) where the agreement is made on or after the 1st day of 20 per cent.: June, 1997 but before the 1st day of June, 2005

(D) where the agreement is made on or after the 1st day of 10 per cent.; June, 2005

(vi) on income by way of fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to amatter included in the industrial policy, for the time being in force, ofthe Government of India, the agreement is in accordance with that policy-

(A) where the agreement is made after the 29th day of 50 per cent.; February, 1964 but before the 1st day of April, 1976

(B) where the agreement is made after the 31st day of 30 per cent.; March, 1976 but before the 1st day of June, 1997

(C) where the agreement is made on or after the 1st day of 20 per cent.; June, 1997 but before the 1st day of June, 2005

(D) where the agreement is made on or after the 1st day of 10 per cent.; June, 2005

(vii) on income by way of short-term capital gains referred to in 15 per cent.; section 11 1A

(viii) on income by way of long-term capital gains [not being long- 20 per cent.; term capital gains referred to in clauses (33), (36) and (38) of section 101

( ix) on any other income 40 per cent.

I

Explanation.-For the purpose of item l(b)(i) of this Part, "investment income" and "non-resident Indian" shall have the meanings assigned to them in Chapter XII-A of the Income-tax Act.

Surcharge on income-tax

The amount of income-tax deducted in aqcordance with the provisions of item 2(b) ofthis Part, shall be increased by a surcharge, for purposes ofthe Union, in the case of every company other than a domestic company, calculated at the rate of two and one-half per cent. of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and s,ubject to the deduction exceeds one crore rupees.

PART 111

RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES, DEDUCTING INCOME-TAX FROM Ih'COME CHARGEABLE UNDER THE HEAD

"SALARIES" AND COMPUTING "ADVANCE TAX"

In cases in which income-tax has to be charged under sub-section (4) of section 172 of the Income-tax Act or sub- section (2) of section 174 or section 174A or section 175 or sub-section (2) of section 176 ofthe said Act or deducted from, or paid on, from income chargeable under the head "Salaries" under section 192 of the said Act or in which the "advance tax" payable under Chapter XVII-C of the said Act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" [not being "advance tax" in respect of any income chargeable to tax under Chapter XI1 or Chapter XII-A or income chargeable to tax under section 115JB or sub-section (IA) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act at the rates as specified in that Chapter or section or surcharge, wherever

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 3 7

applicable, on such "advance tax" in respect of any income chargeable to tax under section 115A or section I 15AB or section 115AC or section 1 15ACA or section 115AD or section 1 15B or section 115BB or section 11SBBA or sectifin I I 5BBC or section 115E or section 1 15JB] shall be charged, deducted or computed at the following rate or rates:-

Paragraph A

(I) In the case of every individual other than the individual referred to in items (II) and (III) of this Paragraph or Hindu undivided family or association of persons or body of individuals, whether incorporated or not, or evcry artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the Income-taxAct, not being a case to which any other Paragraph of this Part applies,-

Rates of income-tax

(1) where the total income docs not exceed Rs. 1,60,000 Nil;

(2) where the total income exceeds RS. 1,60,000 but does not exceed 10 per cent. of the amount by which t l~e total income Rs. 5,00,000 exceeds Rs; 1,60,000;

(3) where the total income exceeds Rs. 5,00,000 but does not Rs. 34,COO plus 20 per cent. of the amount by wh~ch the exceed Rs. 8,00,000 tota! income exceeds Rs. 5,00,000;

(4) where the total income exceeds Rs. 8,00,000 Rs. 94,000 plus.30 per cent. of the amount by which the total income exceeds Rs. 8,00,000.

( I I ) In the case of every individual, being a woman resident in India, and below the age of sixty-five years at any tiine during the previous year,-

Rates of income-tax

(1) where the total income does not exceed Rs. 1,90,000 Nil;

(2) where the total income exceeds Rs. 1,90,000 but does 10 per cent. ofthe amount by which the total income exceeds not exceed Rs. 5,00,000 Rs. 1,90,000;

(3) where the total income exceeds Rs. 5,00,000 but does Rs. 3 1,000 plus 20 per cent. of the amount by which the not exceed Rs. 8,00,000 total income exceeds Rs. 5,00,000;

(4) where the total income exceeds Rs. 8,00,000 Rs. 91,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 8,00,000.

(III) In the case of every individual, being a resident in India, who is of the age of sixty-five years or more at any time during the previous year, -

Rales of income-tax

(1) where the total income does not exceed Xs. 2,40,000 Nil;

(2) where the total income exceeds Rs. 2,40,000 but does not 10 per cent. ofthe amount by which the total income exceeds exceed Rs. 5,00,000 Rs. 2,40,000;

(3) where the total income exceeds Rs. 5,00,000 but does not Rs. 26,000plus 20 per cent, of the amount by which the exceed Rs. 8,00,000 total income exceeds Rs. 5,00,000;

(4) where the total income exceeds Rs. 8,00,000 Rs. 86,000 plus 30 per cent. of the amount by which the total income exceedsRs. 8,00,000.

Paragraph B

In the case of every co-operative society, --

Rates of income-tax

(1) where the total income does not exceed Rs. 10,000 10 per cent. of the total income;

(2) where the total income exceeds Rs.10,000 but does not Rs. 1,000plus 20 per cent. ofthe an~ount by which the total exceed Rs. 20,COO income exceeds Rs. 10,000;

(3) where the total income exceeds Rs. 20,CDO Rs. 3,OOfiplus 30 per cent. ofthe amount by whiclr the total income,exceeds Rs. 20,000.

3 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART IX-

Paragraph C

In the case of every firm,-

Rate of income-tax

On the whole of the total income 30 per cent.

Paragraph D

In the case of every local authority,- - .

Rate of income-tax

On the whole of the total income 30 per cent.

Paragraph E

In the case of a company,-

Rates of income-tax ..

I. In the case of a domestic company 30 per cent. ofthe total income;

11. In the case of a company other than a domestic company-

(i) on so much of the total income as consists of,-

(a) royalties received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concem after the 3 1 st day of March, 196 1 but before the 1 st day of April, 1 976; or

(6) fees for rendering technical services received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concem aAer the 29th day of February, 1964 but before the 1st day ofApril, 1976,

and where such agreement has, in either case, been approved 50 per cent.; by the Central Government

(ii) on the balance, if any, of the total income 40 per cent.

Surcharge on .income-tax

The amount of income-tax computed in accordance with the preceding provisions ofthis Paragraph, or in section 1.1 1A or section 112, shall, in the case of every company, be increased by a surcharge for purposes of the Union calculated,-

( i ) in the case of every domestic company having a total income exceeding one crore rupees, at the rate of seven and one-half per cent, of such income-tax;

(ii) in the case of every company other than a domestic company having a total income exceeding one crore rupees at the rate of two and one-half per cent.:

Provided that in the case of every company having a total income exceeding one crore rupees, the total amount payable - as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one crore rupees by more than the amount of income that exceeds one crore rupees.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 39

PART 1V

[See section 2(13)(c)]

Rule I.-Agricultural income ofthe nature referred to in sub-clause (a) of clause (IA) of section 2 ofthe Income-tax Act shall be computed as if it were income chargeable to income-tax under that Act under the head "Income from other sources" and the provisions of sections 57 to 59 of that Act shall, so far as may be, apply accordingly:

Provided that sub-section (2) of section 58 shall apply subject to the modification that the reference to section 40A therein shall be construed as not including a reference to sub-sections (3) and (4) of section 40A.

Rule 2.-Agricultural income of the nature referred to in sub-clause (b) or sub-clause (c) of clause (IA) of section 2 of the Income-tax Act [other than income derived from any building required as a dwelling-house by the receiver of the rent or revenue of the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c)] shall be computed as if it were income chargeable to income-tax under that Act under the head "Profits and gains of business or profession" and the provisions ofsections 30,3 1,32,36,37,38,40,40A [other than sub-sections (3) and (4) thereofl, 41,43,43A, 43B and 43C ofthe Income-tax Act shall, so far as may be, apply accordingly.

Rule 3.-Agricultural income ofthe nature referred to in sub-clause (c) of clause (IA) ofsection 2 ofthe Income-tax Act, being income derived from any building required as a dwelling-house by the receiver of the rent or revenue or the cultivator or the receiver of rent-in-kind referred to in the said sub-clause (c) shall be computed as if it were income chargeable to income-tax under that Act under the head "Income from house property" and the provisions of sections 23 to 27 of that Act shall, so far as may be, apply accordingly.

Rule 4.-Notwithstanding anything contained in any other provisions of these rules, in a case-

(a) where the assessee derives income from sale of tea grown and manufactured by him in India, such income shall be computed in accordance with rule 8 of the Income-tax Rules, 1962, and sixty per cent. of such income shall be regarded as the agricultural income of the assessee;

(b) where the assessee derives income from sale of centrifuged latex or cenex or latex based crepes (such as pale latex crepe) or brown crepes (such as estate brown crepe, re-milled crepe, smoked blanket crepe or flat bark crepe) or technically specified block rubbers manufactured or processed by him from rubber plants grown by him in India, such income shall be computed in accordance with rule 7A of the Income-tax Rules, 1962, and sixty-five per cent, of such income shall be regarded as the agricultural income of the assessee;

(c) where the assessee derives income from sale of coffee grown and manufactured by him in India, such income shall be computed in accordance with rule 7B of the Income-tax Rules, 1962, and sixty per cent. or seventy- five per cent., as the case may be, of such income shall be regarded as the agricultural income of the assessee.

Rule 5.-Where the assessee is a member of an association of persons or a body of individuals (other than a Hindu undivided family, a company or a firm) which in the previous year has either no income chargeable to tax under the Income- tax Act or has total income not exceeding the maximum amount not chargeable to tax in the case of an association of persons or a body of individuals (other than a Hindu undivided family, a company or a firm) but has any agricultural income then, the agricultural income or loss of the association or body shall be computed in accordance with these rules and the share of the assessee in the agricultural income or loss so computed shall be regarded as the agricultural income or loss of the assessee.

Rule 6.-Where the result of the computation for the previous year in respect of any source of agricultural income is a loss, such loss sllall be set off against the income of the assessee, if any, for that previous year from any other source of agricultural income:

Provided that where the assessee is a member of an association of persons or a body of individuals and the share of the assessee in the agricultural income of the association or body, as the case may be, is a loss, such loss shail not be set off against any income of the assessee from any other source of agricultural income.

Rule 7.-Any sum payable by the assessee on account of any tax levied by the State Government on the agricultural income shall be deducted in computing the agricultural income.

40 THE GAZETTE OF INDIA EXTRAORDlNARY [PART 1I-

Rule 8.-(1) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1 st day of April, 20 10, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assesstnent years commencing on the I st day of April, 2002 or the 1st day ofApril, 2003 or the 1 st day ofApril, 2004 or the 1 st day ofApril, 2005 or the 1 sr day ofApril, 2006 or the 1 st day ofApril, 2007 or the 1st day of April, 2008 or the 1 st day of April, 2009, is a loss, then. for the purposes of sub-section (2) of section 2 of this Act.-

( i ) the loss so computed for the previous year relevant to the assessment year co~nmencing on the 1 st day of April, 2002, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2003 or the 1st day ofApril, 2004 or the 1 st day ofApril, 2005 or the 1 st day ofApril, 2006 or the 1st day ofApril, 2007 or the 1st day ofApril, 2008 or the 1st day of April, 2009,

(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2003, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2004 or the 1st day orApril, 2005 or the 1st day ofApril, 2006 or the 1 st day ofApril, 2007 or the 1st day ofApril, 2008 or the 1st day ofApril, 2009,

(iii) the loss so computed for the previoas year relevant to the assessment year commencing on the 1st day of April, 2004, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2005 or the 1 st day ofApril, 2006 or the 1st day ofApril, 2007 or the 1 st day ofApril, 2008 or the 1st day ofApril, 2009,

\ (iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of

April, 2005, to the extent, if any, such loss has not been set off against the agricultural income for the previous year reievant to the assessment year commencing on the 1st day ofApril, 2006 or the 1st day ofApril, 2007 or the 1 st day ofApril, 2008 or the 1st day ofApril, 2009,

(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1 st day of April, 2006, to the extent, if any, such loss has not b e ~ n set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2007 or the 1st day ofApril, 2008 or the 1st day ofApril, 2009,

(vi) the loss so computed for the previous year relevant to the assessment year Commencing on the I st day of April, 2007, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2008 or the 1st day ofApril, 2009,

(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2008, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2009,

(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2009,

shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2010.

(2) Where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of April, 201 1, or, if by virtue of any prpvision ofthe Income-tax Act, income-tax is to be charged in respect ofthe income of a period other than the previous year, in such other period, any agricultural income and the net result of the computation of the agricultural income of the assessee for any one or more of the previous years relevant to the assessment years commencing on the 1st day ofApril, 2003 or the 1st day ofApril, 2004 or the 1st day ofApril, 2005 or the 1 st day ofApril, 2006 or the 1st dayofAprii, 2007 orthe 1st day ofApril, 2008 or the 1st day ofApril, 2009 or the 1st day ofApril, 2010, is a loss, then, for the purposes of sub-section (10) of section 2 of this Act,-

(i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2003, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2004 or the 1st day ofApril, 2005 or the 1 st day

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 41

ofApril, 2006 or the 1 st day ofApril, 2007 or the 1 st day ofApril, 2008 or the 1 st day ofApril, 2009 or the ist day of April, 201 0:

(ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1 st day of April, 2004, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2005 or the 1st day ofApril, 2006 or the 1 st day ofApril, 2007 or the 1st day ofApril, 2008 or the 1st day ofApril. 2009 or the 1st day ofApril, 201 0,

(iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2005, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2006 or the 1st day ofApril, 2007 or the 1st day ofApril, 2008 or the 1st day ofApril, 2009 or the 1st day ofApril, 2010,

(iv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2006, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1 st day ofApril, 2007 or the 1st day ofApril, 2008 or the 1st day ofApril, 2009 or the 1st day ofApril, 2010,

(v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2007, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2008 or the 1st day ofApril, 2009 orthe 1st day ofApril, 201 0,

(vi) the loss so computed for the previous year relevant to the assessment year commencing on the 1 st day of April, 2008, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1 st day of April, 2009 or the 1 st day of April, 20 10,

(vii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of April, 2009, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day ofApril, 2010,

(viii) the loss so computed for the previous year relevant to the assessment year commencing on the 1 st day ofApril, 2010,

shall be set off against the agricultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day ofApril, 201 1.

(3) Where any person deriving any agricultural income from any source has been succeeded in such capacity by another person, otherwise than by inheritance, nothing in sub-rule (1) or sub-rule (2) shall entitle any person, other than the person incurring the loss, to have it set off under sub-rule (1) or, as the case may be, sub-rule'(2).

(4) Notwithstanding anything contained in this rule, no loss which has not been determined by the Assessing Officer under the provisions of these rules or the rules contained in Part IV ofthe First Schedule to the Finance Act, 2002 (20 of2002), or ofthe First Schedule to the Finance Act, 2003 (32 of2003), or of the First Schedule to the Finance (No. 2) Act, 2004 (23 of2004) or ofthe First Schedule to the Finance Act, 2005 (1 8 of2005), or ofthe First Schedule to the Finance Act, 2006 (21 of2006) or ofthe First Schedule to the FinanceAct, 2007 (22 of2007) or ofthe First Schedule to the Finance Act, 2008 (18 of2008) or ofthe First Schedule to the Finance (No. 2)Act, 2009 (33 of2009) shall be set off under sub-rule (1) or, as the case may be, sub-rule (2).

Rule 9.-Where the net result of the computation made in accordance with these rules is a loss, the loss so computed shall be ignored and the net agricultural income shall be deemed to be nil.

Rule 10.-The provisions of the Income-tax Act relating to procedure for assessment (including the provisions of section 288A relating to rounding off of income) shall, with the necessary modifications, apply in relation to the computation of the net agricultural income of the assessee as they apply in relation to the assessment of the total income.

Rule 11.-For the purposes of computing the net agricultural income of the assessee, the Assessing Officer shall have the same powers as he has under the Income-tax Act for the purposes of assessment of the total income.

THE GAZETTE OF INDIA EX'TRAORDINARY

THE SECOND SCHEDULE

[See section 60(1)]

SI. Notification number No. and date

Date of effect of amendment

(1) (2) (3 1 (4)

1. G.S.R. number 118(E), In the said notification, in the Table, for S. No. 573 and the entries 26th June, 2009 dated 1 st March, 2002 relating thereto, the following S. Nos. and entries shall be substituted and [21/2002-Customs, dated shall be deemed to have been substituted, namely:- 1st March, 20021.

S. Chapter or Description of Standard Additional Condition No. heading goods rate duty rate No.

No. or sub- heading

No.

2. G.S.R. number 92(E), dated 1st March, 2006 [20/2006-Customs, dated 1st March, 20061.

(1) (2) (3 i4) (5) 16)

"573 2716 00 00 Electrical energy 16% removed from a Special Economic Zone into Domestic Tariff Area or non-processing areas of Special Economic Zone

573A 2716 00 00 All goods. other Nil , than goods mentioned at S. No. 573

In the said notification, in the Table, after S. No. 66 and the entries relating 26th June, 2009 thereto, the following S. No. and entries shall be inserted and shall be deemed to have been inserted, namely:-

S. Chapter, heading, Description of Standard No. sub-heading or goods rate

tariff item of the First Schedule

"67 2716 00 00 All aoods Nil"

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 43

THE THIRD SCHEDULE

(See section 62)

In the First Schedule to the Customs Tariff Act,-

(1) in Chapter 24, in heading 2402,-

(i) for the entry in column (2) occurring against the tariff item 2402 20 30, the entry '.---Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is nlore) not exceeding 60 millimetres" shall be substituted;

(ii) for the entry in column (2) occurring against the tariff item 2402 20 40, the entry "---Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimnetres or its actual length, whichever is more) exceeding 60 millimetres but not exceeding 70 millimetres" shall be substituted;

(iii) for the entry in column (2) occurring against the tariff item 2402 20 50, the entry "---Filter cigarettes of length (including the length ofthe filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 70 millimetres but not exceeding 75 millin~etres" shall be substituted;

(iv) after tariff item 2402 20 50 and the entries relating thereto, the following tariff item and entries shall be inserted, namely:-

Tariff l k m Description of goods Unit - Rate of duty

Standard Preferential -

(1) (2) (3) (4) (5)

"2402 20 60 --- Filter cigarettes of length (including the length Tu 30% ,,. of the filter, the length of filter being 11 millinietres or its actual Icngth, whichever IS

more) exceeding 75 millimetres but not exceeding 85 millimetres

(2) in Chapter 27,-

(u) for sub-heading 27 12 20 and tariff items 2712 20 10 and 2712 20 90 and the entries relating thereto, the following tariff item and entries shall be substituted, namely:-

Tariff Item Description of goods Unit Rate of dutv :

Standard Preferential - - - -- - - - - - - -

(1) (2) (3) (4) (5)

"2712 20 00 - Paraffin wax containing by weight kg. 10% less than 0.75% of oil

( 6 ) after tariff item 2712 90 30 and the entries relating thereto, the following tariff item and entries shall be inserted,

Tariff Item Description of goods Unit Rate of duty

Standard Preferential

(1) (2) (3 (4) (5)

"2712 90 40 --- Paraffin wax containing by weight kg. 10% I*.

0.75% or more of oil

44 THE GAZETTE OF INDIA EXTRAORDINARY ART II-

THE FOURTH SCHEDULE

[See section 69(1)]

SI. Provisions of Central KO. Excise Rules, 19.14 to be

amended

Amendment - -

Period o f effect of amendment

1. Insertion of new rule In the Central Excise Rules, 1944, after rule 57CC, the following rule shall be 1 s t day of 57CCC. inserted, namely ;- Sep~ember, 1996

"57CCC. Reversal of Actual Credit.-Where a dispute relating to 28th day

adjustment of credit on Inputs used in or in relation to exempted tinal products February, 997

relating to the period beginning on the 1st day of September, 1996 and ending (both days

with the 28th day of February, 1997 (both days inclusive) is pending on the date on which the Finance Rill, 2010 receives the assent of the President, then, notwithstanding anything contained in sub-rules (1) and (2) of rule 57C and sub-rules (1) and (2) of rule 57CC, a manufacturer availing credit of specified duty in respect of any inputs. other than inputs used as fuel, and manufacturing final products which are chargeable to duty and also other final products which are not so chargeable to duty or chargeable to nil rate of duty, shall pay an amount equivalent to such credit attributable to inputs used in, or in relation to the manufacture of, such final products which are not chargeable to duty or chargeable to nil rate of duty, before or after the clearance of such goods:

Provided that the manufacturer shall pay an interest at the rate of twenty- four per cent. per annum from the date of clearance of goods till the date of payment of the said amount.".

2. Rule 57CCC of the Central In the Central Excise Rules, 1944, for rule 57CCC, the following rule shall be 1 st day of Excise Rules, 1944 as substituted, namely:- March, 1997 to inserted by section 69 of "57CCC. Reversal of Actual Credit.-Where a dispute relating to l S t day of the Finance Act, 20 10. adjustment of credit on inputs used in or in relation to exempted final products March, 2000

relating to the period beginning on the 1st day of March, 1997 and ending (both days

with the 31st day of March, 2000 (both days inclusive) is pending on the date on which the Finance Bill, 2010 receives the assent of the President, then, notwithstanding anything contained in sub-rules (1) and (2) of rule 57C and sub-rule (1) and sub-rule (9) of rule 57CC, a manufacturer availing credit of specified duty in respect of any inputs, other than inputs used as fuel, and manufacturing final products which are chargeable to duty and also other final products which are not so chargeable to duty, shall pay an amount equivalent to such credit attributable to inputs used in, or in relation to the manufacture of, such final products which are not chargeable to duty, before or after the clearance of such goods:

Provided that the manufacturer shall pay an interest at the rate of twenty- four per cent. per annum from the date of clearance of goods till the date of payment of the said amount.".

SEC. I ] THE GAZETTE OF NDIA EXTRAORDINARY 45

THE FIFTH SCHEDULE

[See section 70(1)]

S1. Provisions of Central Amendment Period of effect No. Excise Rules, 1944 to be of amendment

amended

(1) (2) (3) (4)

Rule 57AD of Central In the Central Excise Rules. 1944, in rule 57AD, after sub-rule (4), the following 1st day of April, Excise Rules, 1944 as sub-rule shall be inserted, namely:-- 2000 to 30th day inserted by notification number G.S.R. 298(E), dated the 3 1 st March, 2000 [2712000-Central Excise (N.T.), dated the 3 1st March, 20001.

"(5) Where a dispute relating to ad-justment of credit on inputs used in o r of June, 2001 in relation to exempted final products relating to the period beginning on the

(both days

1st day ofApril, 2000 and ending with the 30th day of June, 2001 (both days inclusive).

inclusive) is pending on the date on which the Finance Bill, 2010 receives the assent of the President, then, notwithstanding anything contained in sub- rules (1) and (2), a manufacturer availing CENVAT credit in respect of any inputs, except inputs intended to be used as fuel, and manufacturing final products which are chargeable to duty and also other final products whlch are exempted goods, may pay an amount equivalent to CENVAT credit attributable to the inputs used in, or in relation to the manufacture of, exempted goods before or after the clearance of such goods:

Provided that the manufacturer shall pay interest at the rate of twenty- four per cent. per annum from the date of clearance till the date of payment of the said amount.".

46 THE GAZETTE OF INDIA EXTRAORDINARY [PART !I-

THE SIXTH SCHEDULE

[See section 7 1 (I)]

Sl. Provisions of CENVAT NO. Credit Rules, 2001 to be

amended

Amendment Period of effect of amendment

Rule 6 of the CENVAT In the CENVAT Credit Rules, 2001, in rule 6, after sub-rule (5), the followi~ig 1 st day of July. Credit Rules, 2001 as sub-rule shall be inserted, namely:- 2001 to the 28th published vide notification ' ( 6 ) Where a dispute relating to adjustment of credit on inputs used in or day of February, number G'S'R' 445 in relation to exempted final products relating to the period beginning on the 2002 (both days dated the 21st June' 2001 1st day of July, 2001 and ending with the 28th day of February, 2002 (both inclusive). [3 1 '2001-CENTRAL days inclusive) is pending on the date on which the Finance Bill, 2010

(N'T')' dated the receives the assent of the President, then, notwithstanding anything contained 2 1st June, 20011. in sub-rules ( I ) , (2) and (3), a manufacturer availing CENVAT credit in

respect of any inputs, except inputs intended to be used as fuel, and manufacturing final products which are chargeable to duty and also other final products which are exempted goods, may pay an amount equivalent to CENVAT credit attributable to the inputs used in, or in relation to the manufacture of, exempted goods, before or after the clearance of such goods:

Provided that the manufacturer shall pay interest at the rate of twenty- four per cent. per annum from the due date till the date of payment of the said amount.

Explanation.-For the purpose of this sub-rule, "due date" means the 5th day of the month following the month in which goods have been cleared from the factory.'.

SIC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 47

THE SEVENTH SCHEDULE

[See section 72(1)]

S1. Provisions of CENVAT Amendment Period of effect No. Credit Rules, 2002 to be of amendment

amended

(1) (2) (3 (4)

Rule 6 of the CENVAT In the CENVAT Credit Rules, 2002, in rule 6, after sub-rule (5), the following 1st day of March. Credit Rules, 2002 as sub-ruleshall be inserted, namely:- 2002 to the 9th published vide notification number G.S.R. 144(E), dated the 1 st March, 2002 [ 5 1 2002 - CENTRAL EXCISE (N.T.), dated the 1st March, 20021.

'(6) Where a dispute relating to adjustment of credit on inputs used in or in relation to exempted final products relating to the period beginning on the 1st day of March, 2002 and ending with the 9th day of September, 2004 (both days inclusive) is pending on the date on which the Finance Bill, 2010 receives the assent ofthe President, then, notwithstanding anything contained in sub-rules (I), (2) and (3), a manufacturer availing CENVAT credit in respect of any inputs, except inputs intended to be used as fuel, and manufacturing final products which are chargeable to duty and also other final products which are exempted goods, may pay an amount equivalent to CENVAT credit attributable to the inputs used in, or in relation to the manufacture of, exempted goods before or after the clearance of such goods:

Provided that the manufacturer shall pay interest at the rate of twenty- four per cent. per annun1 from the due date till the date of payment of the said amount.

day of September. 2004 (both days inclusive).

Explanation.-For the purpose of this sub-rule, "due date" means the 5th day of the month following the month in which goods have been cleared from the factory.'.

48 THE GAZETTE OF INDIA EXTRAORDTNARY PAR?'^-

THE EIGJ3TH SCI-IEDULE

[See section 73(1)] '

S1. Provisioils of CENVAT NO. Credit Rules, 2004 to be

amended

Amendment Period of effect of ameildment

- -

Kule 6 of the CENVAT In the CENVAT Credit Rules, 2004, in rule 6, after sub-rule (6), the following 10th day of Credit Rules, 2004 as sub-rule shall be inserted, namely:- September, 2004 published vide notification number G.S.R. 600(E), dated the 10th September, 2004 [23/2004- CENTRAL EXCISE (N.T.), dated the 10th September, 20041.

'(7) Where a dispute relating to adjustment of credit on inputs or input to the 3 1 st day

services used in or in relation to exempted final products relating to the of March, 2008

period beginning on the 10th day of September, 2004 and ending with the (both days 31st day of March, 2008 (both days inclusive) is pending on the date on incluslve).

which the Finance Bill, 2010 receives the assent of the President, then, notwithstanding anything contained in sub-rules ( 1 ) and (2), and clauses (a) and (b) of sub-rule (3), a manufacturer availing CENVAT credit in respect of any inputs or input services and manufacturing final products which are chargeable to duty and also other final products which are exempted goods. may pay an anlount equivalent to CENVAT credit attributable to the inputs or input services used in, or in relation to the manufacture of, exempted goods before or after the clearance of such goods:

Provided that the manufacturer shall pay interest at the rate of twenty- four per cent. per annum from the due date till the date of payment of the said amount.

Explanation.-For the purpose of this sub-rule, "due date" means the 5th day of the month following the month in which goods have been cleared , from the factory.'.

SEC. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 49 --

THE NINTH SCHEDULE

(See section 75)

In the Flrst Schedule to the Central Excise TariffAct, -

(1) in Chapter 24, -

(i) for the entry in column (4) occurring against all tariff items of heading 2401, the entry "50%" shall bc substituted;

(ir) in tariff items 2402 10 10 and 2402 10 20, for the entry in column (4): the entry "10% or Rs 1227 per thousand, whichever is higher" shall be substituted;

(iii) in tariff item 2402 20 10, for the entry in column (4). the entry "Rs. 509 per thousand" shall be substituted;

(iv) in tariff item 2402 20 20, for the entry in column (4), the entry "Rs. 1218 per thousand" shall be substituted;

(v) for the entries in column (2) and column (4) occurring against the tariff item 2402 20 30, the entries "---Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length. whichever is more) not exceeding 60 millimetres" and "Rs. 509 per thousand" shall respectively be subst~tuted;

(vi) for the entries in column (2) andcolumn (4) occurring against the tariff item 2402 20 40, the entries "---Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual lenglh, whichever is more) exceeding 60 millimetres but not exceeding 70 millimetres" and "Rs. 809 per thousand" shall respectively be substituted;

(vii) for the entries in column (2) and column (4) occurring against the tariff item 2402 20 50. the entries "---Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 70 millimetres but not exceeding 75 millimetres" and "Rs. 12 18 per thousand" shall respectively be substituted;

(viii) after tariff item 2402 20 50 and the entries relating thereto, the following tariff item and entries shall be ~nserted, namely:-

Tariff Item Description of goods Unit Rate of duty

"2402 20 60 --- Filter cigarettes of length (including the length of the filter, the Tu Rs. 1624 per length of filter being 11 millimetres or its actual length, whichever thousand"; is more) exceeding 75 millimetres but not exceeding 85 millimetres

(IX) in tariff item 2402 20 90, for the entry in column (4), the entry "Rs. 1948 per thousand" shall be substituted;

(x) in tariff item 2402 90 10, for the entry in column (4), the entry "Rs. 1258 per thousand" shall be substituted;

(xi) in tariff item 2402 90 20, for the entry in column (4), the entry "10% or Rs. 1473 per thousand, whichever is higher" shall be substituted:

(xii) in tariff item 2402 90 90, for the entry in column (4), the entry "10% or Rs. 1473 per thousand, whichever is higher" shall be substituted;

(xiii) in tariff item 2403 10 10, for the entry in column (4), the entry "60% shall be substituted;

(xiv) in tariff item 2403 10 20, for the entry in column (4), the entry "360% shall be substituted;

(xv) in tariff item 2403 10 90, for the entry in column (4), the entry "40%" shall be substituted;

(xvi) in tariff item 2403 91 00, for the entry in column (4), the entry " 6 0 % shall be substituted;

(xvii) in tariff items 2403 99 10,2403 99 20,2403 99 30,2403 99 40,2403 99 50 and 2403 99 60, for the entry in column (4) occurring against each of them, the entry " 6 0 % shall be substituted;

(xviii) in tariff item 2403 99 70, for the entry in column (4), the entry "Rs. 60 per kg." shall be substituted;

(xix) in tariff item 2403 99 90, for the entry in column (4), the entry " 6 0 % shall be substituted;

(2) in Chapter 27,-

(a) for sub-heading 2712 20 and tariff items'2712 20 10 and 2712 20 90 and the entries relating thereto, the following tariff item and entries shall be substituted, namely:-

Tariff Item Description of goods Unit Rate of duty

(1) (2) (3) i4)

"27 12 20 00 - Paraffin wax containing by weight less than 0.75% of oil kg. 16%";

50 THE GAZETTE OF INDIA EXTRAORDINARY CI)ART'II--

(b) after tariff item 2712 90 30 and the entries relating thereto, the following tariff item and entries shall be inserted, namely:- _%"-

Tariff ltem Description of goods Unit Rate of duty

"27 12 90 40 --- Paraffin wax containing by weight 0.75% or more of oil kg. 16%";

(3) in Chapter 48, in heading 48 18,-

(i) in tariff item 4818 40 10, for the entry in column (4), the entry "16%" shall be substituted;

( i i ) in tariff item 4818 40 90, for the entry in column (4), the entry " 1 6 % shall be substituted;

(4) in Chapter 50, for the entry in column (4) occurring against all the tariff items of headings 5004, 5005,5006 and 5007, r

the entry " 1 0 % shall be substituted;

(5) in Chapter 51, for the entry in column (4) occurring against all the tariff items of headings 5 105, 5 106,5 107,5 108, 5109, 5110, 5111, 5112 and 5113, theentry"lO%"shall besubstituted;

(6) in Chapter 52, for the entry in column (4) occurring against all the tariff items of headings 5204, 5205, 5206, 5207, 5208, 5209, 5210, 521 1 and 5212, the entry " 1 0 % shall be substituted;

(7) in Chapter 53, for the entry in column (4) occurring against all the tariff items of headings 5302,5305,5306,5308 (except 5308 10 10 and 5308 10 90), 5309, 5310 and 531 1, the entry " 1 0 % shall be substituted;

(8) in Chapter 54, for the entry in column (4) occurring against all the tariff items of headings 5401, 5404 (except 5404 11 00, 5404 12 00, 5404 19 10, 5404 19 20 and 5404 19 90), 5405, 5407 (except 5407 10 15, 5407 10 25, 5407 10 35, 5407 10 45, 5407 10 95, 5407 20 10, 5407 20 20, 5407 20 30, 5407 20 40, 5407 20 90, 5407 30 10, 5407 30 20, 5407 30 30, 5407 30 40, 5407 30 90, 5407 41 19, 5407 41 29, 5407 42 90, 5407 43 00, 5407 44 90, 5407 71 10, 5407 71 20, 5407 72 00, 5407 73 00, 5407 74 00, 5407 81 19, 5407 81 29, 5407 82 90, 5407 83 00, 5407 84 90,5407 91 10,5407 91 20,5407 92 00,5407 93 00 and 5407 94 00) and 5408, the entry "10%" shall be substituted;

(9) in Chapter 55, for the entry in column (4) occurring against all the tariff items of headings 5508, 5509, 5510, 55 11, 5512, 5513,5514,5515 and 5516, the entry "10%" shall be substituted;

(I 0) in Chapter 56, for the entry in column (4) occurring against all the tariff items of headings 560 1 (except 560 1 10 00 and 5601 22 OO), 5602,5603,5604,5605,5606,5607 (except 5607 50 lo), 5608 (except 5608 11 10 and 5608 11 90) and 5609, the entry "10%" shall be substituted;

(11) in Chapter 57, for the entry in column (4) occurring against all the tariff items of headings 5701, 5702, 5703, 5704 and 5705, the entry " 1 0 % shall be substituted;

(12) in Chapter 58, for the entry in column (4) occurring against all the tariff items of headings 5801 (except 5801 35 OO), 5802,5803,5804 (except 5804 30 OO), 5806,5808,5809,5810 and 581 1, the entry "10%" shall be substituted;

(13) in Chapter 59, for the entry in column (4) occurring against all the tariff items of headings 5901, 5902 (except 5902 10 10 and 5902 10 90), 5903,5904,5905,5906,5907,5908,5909, 5910 and 5911, the entry "10%" shall be substituted;

(14) in Chapter 60, for the entry in colunln (4) occurring against all the tariff items of headings 6001,6002,6003.6004, I

6005 and 6006, the entry " 1 0 % shall be substituted;

(15) in Chapter 61, for the entry in column (4) occurring against all the tariff itemsof headings 6101,6102,6103,6104, 6105,6106, 6107,6108, 6109, 6110, 6111, 6112,6113, 6114, 6115, 6116 and6117, theentryC'10% shall besnbstituted;

(16) in Chapter 62, for the entry in column (4) occurring against all the tariff items of headings 6201,6202,6203,6204, , 6205,6206,6207,6208, 6209, 6210,621 1, 6212, 6213, 6214, 6215, 6216 and 6217, the entry "10%" shall be substituted;

(1 7) in Chapter 63, for the entry in column (4) occurring against all the tariff items of headings 6301,6302,6303,6304, 6305, 6306, 6307 and 6308, the entry " 1 0 % shall be substituted;

(18) in Chapter 68, after NOTE 2, the following NOTE shall be inserted, namely:-

'3. In relation to products of headings 6802 and 68 10, the process of cutting or sawing or sizing or polishing or any other process, for converting of stone blocks into slabs or tiles, shall amount to "manufacture".';

(19) in Chapter 76,-

(i) "NOTE" shall be numbered as "NOTE 1" thereof and after NOTE 1 as so numbered, the following NOTE shall be inserted, namely:-

'2. In relation to products of heading 7608, the process of drawing or redrawing shall amount to "manufacture".'; F

(iz) in sub-heading Note 2, for the word "Note", the word and figure "Note 1" shall be substituted; (20) in Chapter 90, in tariff item 9001 30 00, for the entry in column (4), the entry " 1 0 % shall be substituted; (21) in Chapter 95, in tariff item 9504 40 00, for the entry in column (4), the entry "10%" shall be substituted.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5 1

THE TENTH SCHEDULE

[See section 83(3) and (5 ) ]

1. In this Schedule, "Chapter", "heading", "sub-heading" and "tariff item" mean respectively a Chapter, heading, sub-heading and tariff item of the First Schedule to the Central Excise Tariff Act.

2. The rules for the interpretation of the First Schedule to the Central Excise TariffAct, the Section and Chapter Notes and the General Rules for the Interpretation of the First Schedule shall apply to the interpretation of this Schedule.

SI. Chapter, heading, No. sub-heading or

tariff item

Description of goods Rate

1. 2701 Coal; briquettes, ovoids and similar solid fuels manufactured from coal Rs. 100 per tonne

2. 2702 Lignite, whether or not agglomerated, excluding jet Rs. 100 per tonne

3. 2703 Peat (including peat litter), whether or not agglomerated Rs. 100 per tonne.

52 THE GAZETTE OF INDIA EXTRAORDINARY [PART I&

THE ELEVENTH SCIIEDUZE

(See section 86)

In the Seventh Schedule to the Finance Act, 2001,-

(i) for the entries in column (2) and column (4) occurring against the tariff item2402 20 30, the entries "---Filter cigarettes of length (including the length of the filter, the length of filter being 1 1 millimetres or its actual length, whichever is more) not exceeding 60 millimetres" and "Rs. 90 per thousand" shall respectively be substituted;

(ii) for the entries in column (2) and column (4) occurring against the tariff item 2402 20 40, the entries "---Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichever is more) exceeding 60 millimetres but not exceeding 70 millimetres" and "Rs. 90 per thousand" shall respectively be substituted;

(iii) for the entries in column (2) and column (4) occurring against the tariff item 2402 20 50, the entrics "---Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length. whichever is more) exceeding 70 millimetres but not exceeding 75 millimetres" and "Rs. 145 per thousand" shall respectively be substituted;

(iv) after tariff item 2402 20 50 and the entries relating thereto, the following tariff item and the entries shall be inserted, namely 1.-

Tariff Item Description of goods Unit Rate of duty

(1) (2) (3 (4)

"2402 20 60 --- Filter cigarettes of length (including the length of the filter, the Tu Rs. 190 per length of filter being 11 millimetres or its actual length, whichever thousand". is more) exceeding 75 millimetres but not exceeding 85 millimetres

SEC. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 53

THE TWELFTH SCHEDULE

(See section 87)

In the Seventh Schedule to the Finance Act, 2005,-

(i) for the entries in column (2) and column (4) occurring against the tariff item 2402 20 30, the entries "---Filter cigarettes of length (including the length of the filter, the length of filter being 1 1 millimetres or its actual length, whichever is more) not exceeding 60 millimetres" and "Rs. 70 per thousand"'sha1l respectively be substituted;

(ii) for the entries in column (2) and column (4) occurring against the tariff item 2402 20 40, the entries '"--Filter cigarettes of length (including the length of the filter, the length of filter being % % millimetres or its actual length. whichever is more) exceeding 60 millimetres but not exceeding 70 millimetres" and "Rs. 70 per thousand" shall respectively be substituted;

(iiij for the entries in column (2) and column (4) occurring against the.tariff item 2402 20 50, the entries "---Filter cigarettes of length (including the length of the filter, the length of filter being 11 millimetres or its actual length, whichevzr is more) exceeding 70 millimetres but not exceeding 75 millimetres" and "Rs. 110 per thousand" shall respectively be substituted;

(iv) after tariff item 2402 20 50 and the entries relating thereto, the following tariff item and the entries shall be inseaed, namely:-

Tariff Item Description of goods Unit Rate of duty

"2402 20 60 --- Filter cigarettes of length (including the length of the filter, the length Tu Rs.145 per of filter being 11 millimetres or its actual length, whichever is more) thousand". exceeding 75 millimetres but not exceeding 85 millimetres

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD. NEW DELHl AND PUBLISHED BY TlIE CONTROLLER OF PUBLICATIONS DELHl-2010.

7f%-# Tio 3? Uj?l@-(~)04/0007/2003-10 REGISTERED NO. DL-(N)04/000'7/2003-10

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oTmIr-wJs1 PART II - Section 1 TrrMtiK3-

PUBLISHED BY AUTHORITY

?+ 201 ;Td m, m, qif 18, 2010 / h 2 8 , 1932 No. 201 NEW DELHI, TUESDAY, MAY 18,2010 / VAISAKHA 28,1932

w o r m - 4 h ~ ~ i f ~ 8 M % w m t r . h a l 6 : ~ ; ~ - 4 m ' s l ~ d 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OFLAW AND JUSTICE (Legislative Department)

New Delhi, the 18th May, 2010/Vaisakha 28,1932 (Saka)

The following Act of Parliament received the assent of the President on the 17th May, 2010, and is hereby published for general information:-

THE PAYMENT OF GRATUITY (AMENDMENT) ACT, 201 0

(No. 15 OF 2010) [17th May, 2010.]

An Act further to amend the Payment of Gratuity Act, 1972. BE it enacted by Parliament.in the Sixty-first Year ofthe Republic of India as follows:-

1. ( I ) This Act may be called the Payment of Gratuity (Amendment) Act, 2010. Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In section 4 of the Payment of Gratuity Act, 1972, in sub-section (3), for the words Amendment "three lakhs and fifty thousand rupees", the words "ten lakh rupees" shall be substituted. of section 4

of Act 39 of 1972.

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010

dk=$ Ti0 fto ~~(~)04/0007/2003-l0 REGISTERED NO. DL-(N)04/0007/2003-10

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PUBLISHED BY AUTHORITY

Ii0 211 7$ m, m, rlrf 18, 2010 / h 28, 1932 No. 211 NEW DELHI, TUESDAY, MAY 18,2010 / VAISAKHA28,1932

~ o r m 3 r n ~ m - A ~ * m % ~ r n N i h m ? * ~ 9 3 r n ~ * l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 18th May, 2010/Vaisakha 28, 1932 (Saka)

The following Act of Parliament received the assent of the President on the 18th May, 201 0, and is hereby published for general information:-

THE TAMIL NADU LEGISLATIVE COLJNCIL ACT, 20 1 0 (No. 16 OF 2010)

[18th May, 201 0.1

An Act to provide for the creation of Legislative Council for the State of Tamil Nadu and for matters supplemental, incidental and consequential thereto.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-'

1. This Act may be called the Tamil Nadu Legislative Council Act, 20 10.

2. In this Act, unless the context otherwise requires, each of the words and expressions used herein and not defined but defined in the Representation of the People

43 of 1950. Act, 1950, shall have the same meaning as in that Act.

3. (1) As fiom such date as the President may, by order appoint, there shall be a Legisla- tive Council for the State ofTamil Nadu; and as from that date, in sub-clause (a) of clause (1) of article 168, after the word "Karnataka,", the words "Tamil Nadu", shall be inserted.

(2) In the said Council, there shall be 78 seats of which-

Short title.

Definition.

Creation of Legislative Council for Tamil Nadu.

(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be 26,7 and 7 respectively;

2 -- THE GAZETTE OF INDIA EXTRAORDINARY [PARTII-SEC. 11

(b) the number to be filled by persons elected by the members of the Legislative Assembly of Tamil Nadu in accordance with the provisions of sub-clause (d) of the said clause shall be 26; and

(c) the number to be filled by persons nominated by the Governor of Tamil Nadu in accordance with the provisions of sub-clause (e) of that clause shall be 12.

(3) As soon as may be after the commencement of this Act, the President, after consul- tation with the Election Commission, shall, by order, determine,-

(a) the constituencies into which the State of Tamil Nadu shall be divided for the purpose of elections to the said Council under each of the sub-clauses (a), (b ) and (c) of clause ( 3 ) of article 171 ;

(b) the extent of each constituency; and

(c) the number of seats to be allotted to each constituency.

(4) As soon as may be after such determin'ation, steps shall be taken to constitute the said Council in accordance with the provisions of this Act, the Representation of the People Act, 1950 and the Representation ofthe People Act, 1951. 43 of 1950.

43 of 1951.

Amendment of 4. In the Representation of the People Act, 1950,- Third Schedule and ~ o u r t h (a ) in the Third Schedule, after entry No.6 relating to Karnataka, the following Schedule to Act entry shall be inserted, namely:- 43 of 1950.

"7. Tamil Nadu 78 26 7 7 26 12";

(b) in the Fourth Schedule, after the heading "KARNATAKA" and the entries there- under, the following heading and entries shall be inserted, namely:-

''TAME NADU

1. Municipalities, as referred to in article 243Q of the Constitution.

2. Panchayat Union Councils.

3. Cantonment Boards.

4. District Panchayats referred to in the Tamil Nadu Panchayat Act, 1994.". Tamil Nadu Act 21 of 1994.

Amendment of 5. In section 15A of the Representation of the People Act, 195 1, after the words and section 15A of figures "under the Andhra Pradesh Legislative Council Act, 2005", the words and figures 1 of 2006. Act 43

Of '"''and constituting the Legislative Council of the State of Tamil Nadu under the Tamil Nadu 1951.

Legislative Council Act, 2010" shall be inserted.

V. K. BHASIN, Secy. to the Govt. ofIndia.

PRINTED BY THE GENERAL MANAGER, GOVT OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010. ,

Ti%@ T+ 30 ~~(Fl)04/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003-10

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PART I1 - Section 1 *-it.-

PUBLISHED BY AUTHORITY

Tio 221 f$F&, m, sf 18, 2010 / &lEI 28, 1932 No. 221 NEW DELHI, TUESDAY, MAY 18,2010 / VAlSAKHA 28,1932

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 18th May, 2010lVaisakha 28,1932 (Saka)

The following Act of Parliament received the assent of the President on the 18th May, 2010, and is hereby published for general information:-

THE PLANTATIONS LABOUR (AMENDMENT) ACT, 20 1 0

(No. 17 OF 2010) [I 8th ~ u y , 2010.1

An Act further to amend the Plantations Labom Act, 195 1.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. ( I ) This Act may be called the Plantations Labour (Amendment) Act, 2010.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and differentdates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall, in relation to any State, be construed as a reference to the coming into force of that provision in that State.

69 of 1951. 2. In section 2 of the Plantations Labour Act, 1951 (hereinafter referred to as the principal Act),-

(a) in clause (e), the following Explanation shall be inserted, namely:-

'Explanation.-For the purposes of this clause, "the person who has the ultimate control over the affairs of the plantation" means in the case of a plantation owned or controlled by-

Short title and commencement.

Amendment of section 2.

(1) a company, firm or other association of individuals, whether incorporated or not, every director, partner or individual;

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART n-

(ii) the Central Government or State Government or any local authority, the person or persons appointed to manage the affairs of the plantation; and

(iii) a lessee, the lessee;';

(b) in clause (ee), for the words "and includes, where the worker is a male, his parents dependent upon him", the words "and includes parents and widow sister, dependent upon him or her" shall be substituted;

(c) in clause (k),--

(i) in the opening portion, after the words "manual or clerical", the words "and includes a person employed on contract for more than sixty days in a year" shall be inserted;

(ii) in sub-clause (ii), for the words "rupees seven hundred and fifty", the words "rupees ten thousand" shall be substituted;

(iii) in sub-clause (iii), for the words "managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty", the words "managerial or administrative capacity, notwithstanding that his monthly wages do not exceed rupees ten thousand" shall be substituted.

Amendment 3. In section 7 of the principal Act, in sub-section (2), in clause (b), for the words "and of section 7. children are, or are to be", the word "are" shall be substituted.

Amendment of 4. In section 10 of the principal Act, in sub-section (2), for the words "chief section 10. inspector", the words "State Government upon a request by the chief inspector" shall be

substituted.

Insertion of 5. After Chapter IV of the principal Act, the following Chapter shall be inserted, new Chapter IVA.

"CHAPTER IV A

Safety. 1 8A. ( I ) In every plantation, effective arrangements shall be made by the employer to provide for the safety of workers in connection with the use, handling, storage and transport of insecticides, chemicals and toxic substances.

(2) The State Government may make rules for prohibiting or, restricting employment of women or adolescents in using or handling hazardous chemicals.

(3) The employer shall appoint persons possessing the prescribed qualifications to supervise the use, handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation.

(4) Every employer shall ensure that every worker in plantation employed for handling, mixing, blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involved in different operations in which he is engaged, the various safety measures and safe work practices to be adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such other matters as may be prescribed by the State Government.

(5) Every worker who is exposed to insecticides, chemicals and toxic substances shall be medically examined periodically, in such manner as may be prescribed, by the State Government.

(6) Every employer shall maintain health record of every worker who is exposed to insecticides, chemicals and toxic substances which are used, handled, stored or transported in a plantation, and every such worker shall have access to such record.

SEC. 11 TKE GAZETTE OF INDIA EXTRAORDINARY 3

(7) Every employer shall provide--

(a) washing, bathing and clock room facilities; and

(b) protective clothing and equipment,

to every worker engaged in handling insecticides, chemicals or toxic substances in such manner as may be prescribed by the State Government.

(8) Every employer shall display in the plantation a list of permissible concentrations of insecticides, chemicals and toxic substances in the breathing zone ofthe workers engaged in the handling and application ofsuch insecticides, chemicals and toxic substances.

(9) Every employer shall exhibit such precautionary notices as may be prescribed by the State Government indicating the hazards of insecticides, chemicals and toxic substances.

18B. (I) The State Government may, by notification in the Oficial Gazette, make rules to carry out the purposes of this Chapter.

(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 restriction on employment of women and adolescents for handling hazardous chemicals under sub-section (2) of section 18A;

(b) the qualifications of supervisor appointed under sub-section (3) of section 18A;

(c) the matters for training of workers under sub-section (4) of section 18A;

(6) the medical examination of workers under sub-section (5) of section 18A;

(e) the facilities and equipment to be provided to the workers engaged in handling insecticides, chemicals and toxic substances under sub-section (7) of section 18A;

(f) the precautionary notices to be exhibited under sub-section (9) of section 18A,".

6. In section 19 of the principal Act, in sub-section (I), the words "or child" shall be omitted.

7. After section 23 of the principal Act, the following section shall be inserted, namely:-

"24. No child shall be employed to work in any plantation.".

8. In section 25 of the principal Act,-

(a) the words "or child" shall be omitted;

(b) in the marginal heading, the words "and children" shall be omitted.

9. In section 26 of the principal Act,-

(a) in the opening portion, the words "child and no" shall be omitted;

(b) in clause (b), the words "child or" shall be omitted.

10. In section 27 of the principal Act, in sub-section (I), the words "either as a child or" shall be omitted.

Power of State Government to make rules.

Amendment of section 19.

Insertion of new section 24. .

Prohibition of employ- ment of Children.

Amendment of section 25.

Amendment of section 26.

Amendment of section 27.

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART U S E C . 11

Insertion of 11. After section 32B of the principal Act, the following section shall be inserted, new section 32C. namely:-

Compensation.

Amendment of sections 33, 35 and 36.

Amendment of section 34.

Amendment of section 37.

Substitution of new sections for section 39.

"32C. The employer shall give compensation to a worker in plantation in case of accident and the memorandum relating to such compensation shall be got registered by the employer with the Commissioner in accordance with the provisions of the Workmen'; Compensation Act, 1923 .". 8 of 1923.

12. In sections 33,35 and 36 ofthe principal Act, for the words "three months, or with fine which may extend to five hundred rupees, or with both", wherever they occur, the words "six months, or with fine which may extend to ten thousand rupees, or with both" shall be substituted.

13. In section 34 of the principal Act, for the words "one month, or with fine which may extend to fifty rupees, or with both," the words "two months, or with fine which may extend to one thousand rupees, or with both" shall be substituted.

14. In section 37 of the principal Act, for the words "six months, or with fine which may extend to one thousand rupees, or with both", the words "one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both" shall be substituted.

15. For section 39 of the principal Act, the following sections shall be substituted, namely:-

Cognizance "3 9. No court shall take cognizance of any offence under this Act except on a of offences. complaint made by any worker or an office bearer of a trade union of which such

worker is a member or an inspector and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this Act.

Protection of 39A. No suit, prosecution or other legal proceeding shall lie against any person action taken for anything which is in good faith done or intended to be done under this Act.". in good faith.

Amendment 16. In section 43 of the principal Act, for sub-section (3), the following sub-section 43. shall be substituted, namely:-

"(3) Every rule made by the State Government under this Act shall, as soon as may be after it is made, be laid before the State Legislature.".

V. K . BHASM, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF lNDlA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010.

GMG IPMRND-2578GI(S5)-19-05-2010.

7 h @ 'liD 3% ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10

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PUBLISHED BY AUTHORITY

231 m, m, 25, 2010 1 * 4, 1932 No. 231 NEW DELHI, TUESDAY, MAY 25,2010 I JYAISTHA 4,1932

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 25th May, 20 1 OIJyaistha 4,1932 (Saka)

The following Act of Parliament received the assent of the President on the 24th May, 20 10, and is hereby published for general information:-

THE EMPLOYEES' STATE INSURANCE (AMENDMENT) ACT, 20 10

(No. 18 OF 2010)

[24th May, 2010.]

AnAct further to amend the Employees' State Insurance Act, 1948.

BE it enacted by Parliament in the Sixty-frst Year ofthe Republic of India as follows:-

1. (I) This Act may be called the Employees' State Insurance (Amendment) Act, 2010. Short title and commencement.

(2) Section 18 shall be deemed to have come into force on the 3rd day of July, 2008 and the remaining provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

34 of 1948. 2. In the Employees' State Insurance Act, 1948 (hereinafter referred to as the principal Amendment Act), in section 1, in sub-section (9, for the words "six months' ", the words "one month's" shall be substituted.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Amendment 3. In section 2 of the principal Act, - of section 2.

@) in clause (6A),-

(a) for sub-clause (i), the following sub-clause shall be substituted, namely:-

"(i) a widow, a legitimate or adopted son who has not attained the age of twenty-five years, an unmarried legitimate or adopted daughter,";

(b) in sub-clause (ii), for the words "eighteen years", the words "twenty- five years" shall be substituted;

(B) in clause (9) , for the words "or under the standing orders of the establishment;", the words "and includes such person engaged as apprentice whose

.training period is extended to any length of time" shall be substituted;

(C) in clause (11), for sub-clause (v ) , the following sub-clauses shall be substituted, namely:-

" ( v ) dependant parents, whose income from all sources does not exceed such income as may be prescribed by the Central Government;

(vi) in case the insured person is unmarried and his or her parents are not alive, a minor brother or sister wholly dependant upon the earnings of the insured person;";

(D) for clause (12), the following clause shall be substituted, namely:-

'(12) "factory" means any premises including the precincts thereof whereon ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part,of which a manufacturing process is being carried on or is ordinarily so carried on, but does not include a mine iubject to ihe operation of the Mines Act, 1952 or a railway running shed;'.

Amendment 4. In section 10 of the principal Act, in sub-section (I), for clauses (a) and (b), the of section 10. following clauses shall be substituted, namely:-

"(a) the Director General, the Employees' State Insurance Corporation, ex oflcio as Chairman;

(b) the Director General, Health Services, ex oflcio as Co-chairman;".

Amendment 5. In section 12 of the principal Act, for sub-section (3), the following sub-section shall 12. be substituted, namely:-

"(3) A person referred to in clause (i) of section 4 shall cease to be a member on becoming aMinister or Speaker or Deputy Speaker ofthe House ofthe People or Deputy Chairman of the Council of States or when he ceases to be a member of Parliament.".

Amendment 6. In section 17 of the principal Act, in sub-section (2), in clause (a), after the proviso, section 17. the following proviso shall be inserted, namely:-

"Provided further that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis,".

Amendment 7. In section 37 ofthe principal Act, for the words "five years", the words "three years" section 37, shall be substituted.

Amendment 8. In section 45 of the principal Act,- of section 45.

(a) for the words "Inspectors" and "Inspector", wherever they occur, the words "Social Security Officers" and "Social Security Officer" shall respectively be substituted;

SEC.~] THE GAZETTE OF INDIA EXTRAORDINARY 3

(b) after sub-section (3), the following sub-section shall be inserted, namely:-

"(4) Any officer of the Corporation authorised in this behalf by it may, carry out re-inspection or test inspection of the records and returns submitted under section 44 for the purpose of verifying the correctness and quality of the inspection carried out by a Social Security Officer.".

9. In section 45A of the principal Act, in sub-section ( I ) , - Amendment of section

( i ) for the word "Inspector", the words "Social Security Officer" shall be 45A. substituted;

(ii) after the proviso, the following proviso shall be inserted, namely:-

"Provided hrther that no such order shall be passed by the Corporation in respect of the period beyond five years fiom the date on which the contribution shall become payable.".

10. After section 45A of the principal Act, the following section shall be inserted, Insertion of namely:- new section

45AA. "45AA. If an employer is not satisfied with the order referred to in section 45A, Appellate

he may prefer an appeal to an appellate authority as may be provided by regulation, authority.

within sixty days ofthe date of such order after depositing twenty-five per cent. of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the Corporation:

Provided that if the employer finally succeeds in the appeal, the Corporation shall refund such deposit to the employer together with such interest as may be specified in the regulation.".

11. In the principal Act, in sections 5 1A and 5 lB, for the words "an insured person's", the words "an employee's" shall be substituted.

12. In the principal Act, in sections 51 C and 5 1 D, for the words "insured person", the word "employee" shall be substituted.

13. After section 5 1D of the principal Act, the following section shall be inserted, namely:-

"51 E. An accident occurring to an employee while commuting fiom his residence to the place of employment for duty or fiom the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established,".

14. In section 56 of the principal Act, in sub-section (3), for the third proviso, the following proviso shall be substituted, namely:-

"Provided also that an insured person who has attained the age of superannuation, a person who retires under a Voluntary Retirement Scheme or takes premature retirement, and his spouse shall be eligible to receive medical benefits subject to payment of contribution and such other conditions as may be prescribed by the Central Government.".

15. In section 58 of the principal Act, after sub-section (4), the following sub-sections shall be inserted, namely:-

Amendment of sections 51A and 51B.

Amendment of sections 51C and 51D.

Insertion of new section 51E.

Accidents happening while commuting to the place of work and vice versa.

Amendment of section 56.

Amendment of section 58.

"(5) The State Government may, in addition to the Corporation under this Act, with the previous approval of the Central Government, establish such organisation (by whatever name called) to provide for certain benefits to employees in case of sickness, maternity and employment injury:

4 THE GAZETTE OF lNDlA EXTRAORDlNARY [PART II-

Provided that any reference to the State Government in the Act shall also include reference to the organisation as and when such organisation is established by the State Government.

(6) The organisation referred to in sub-section (5) shall have such structure and discharge functions, exercise powers and undertake such activities as may be grescribed.".

Amendment 16. In section 59 ofthe principalAct, after sub-section (2), the following sub-section O$ section 59, shall be inserted, namely:-

"(3) The Corporation may also enter into agreement with any local authority, local body or private body for commissioning and running Employees' State Insurance hospitals through third party participation for providing medical treatment and attendance to insured persons and where such medical benefit has been extended to their families, to their families.".

Insertion of new section 59B.

Medical and para-medical education.

Substitution of new Chapter for Chapter VA.

17. After section 59A of the principal Act, the following section shall be inserted, namely:-

"59B. The Corporation may establish medical colleges, nursing colleges and training institutes for its para-medical staff and other employees with a view to improve the quality of services provided under the Employees' State Insurance Scheme.".

18. For Chapter VA of the principal Act, the following Chapter shall be substituted, namely:-

Definitions. 73A. In this Chapter,-

(a) "other beneficiaries" means persons other than the person insured under this Act;

(b) "Scheme" means any Scheme framed by the Central Government from time to time under section 73B for the medical facility for other beneficiaries;

(c) "underutilised hospital" means any hospital not fully utilised by the persons insured under this Act;

(6) "user charges" means the amount which is to be charged from the other beneficiaries for medical facilities as may be notified by the Corporation in consultation with the Central Government from time to time.

Power to 73B. Notwithstanding anything contained in this Act, the Central Government may, by frame notification in the Official Gazette, fiame Scheme for other beneficiaries and the members of Schemes. their families for providing medical facility in any hospital established by the Corporation in

any area which is underutilised on payment of user charges.

Collection of 73C. The user charges collected from the other beneficiaries shall be deemed to be the user charges. contribution and shall form part ofthe Employees' State Insurance Fund.

Scheme for 73D. The Scheme may provide for all or any ofthe following matters, namely:- other beneficiaries. (i) the other beneficiaries who may be covered under this Scheme;

(ii) the time and manner in which the medical facilities may be availed by the other beneficiaries;

S~c.11 THE GAZETTE OF INDIA EXTRAORDINARY

(iii) the form in which the other beneficiary shall furnish particulars about himself and his family whenever required as may be specified by the Corporation;

(iv) any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme.

73E. The Central Government may, by notification in the Official Gazette, add to, amend, Power to vary or rescind the Scheme. amend

Scheme.

73E Every Scheme framed under this Chapter shall be laid, as soon as may be after it is Laying of made, before each House of Parliament while it is in session, for a total period of thirty days Scheme

which may be comprised in one session or in two or more successive sessions, and if, before grzh:;E the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Scheme or both Houses agree that the Scheme should not be made, the Scheme shall thereafter have effect only in such modified form or to 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.'.

19. All things done, or, omitted to be done, and all actions or measures taken or not Validation. taken during the period beginning on or after the 3rd day of July, 2008 and ending immediately before the date of commencement ofthe Employees' State Insurance (Amendment) Act, 2010, shall in so far as they are in conformity with the provisions of this Act, as amended by the Employees' State Insurance (Amendment) Act, 20 10, be deemed to have been done, or taken, or not taken, under the provisions of this Act, as amended by the Employees' State Insurance (Amendment) Act, 201 0, as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said period.

20. In section 87 of the principal Act, the following provisos shall be inserted at the Amendment end, namely:- of section 87.

"Provided that such exemptions may be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act:

Provided hrther that an application for renewal shall be made three months before the date of expiry of the exemption period and a decision on the same shall be taken by the appropriate Government within two months of receipi of such application.".

21. In section 91A of the principal Act, for the words "either prospectively or Amendment retrospectively", the word "prospectively" shall be substituted. of section

9 1A.

22. After section 91A of the principal Act, the following section shall be inserted, Insertion of namely:- new section

9 1AA.

"91AA. Notwithstanding anything contained in this Act, in respect of Central establishments located in the States where medical benefit is provided by the Chvernment

Corporation, the Central Government shall be the appropriate Government.". to be appropriate Government.

23. In section 95 of the principal Act, in sub-section (2),- Amendment of section 95.

( i ) after clause (ej), the following clause shall be inserted, namely:-

" ( e a the income of dependant parents from all sources;";

(ii) after clause (eh), the following clause shall be inserted, namely:-

"(ehh) the conditions under which the medical benefits shall be payable to the insured person and spouse of an insured person who has attained the age of

6 -- THE GAZETTE OF INDIA EXTRAORDINARY ~ A R T 11-SEC. 11

superannuation, the person who retires under Voluntary Retirement Scheme and the person who takes pre-mature retirement;".

Amendment 24. In section 96 ofthe principalact, in sub-section ( I ) , after clause (e), the following of section 96. clause shall be inserted, namely: -

"(ee) the organisational structure, functions, powers, activities and other matters for .the establishment of the organisation;".

Amendment 25. In section 97 of the principal Act, in sub-section (2), - of section 97.

(i) in clause (xx), for the word "Inspectors", the words "Social Security Officers" shall be substituted;

(i8 after clause (xx), the following clause shall be inserted, namely:-

"(xxa) the constitution of the appellate authority and the interest on amount deposited by the employer with the Corporation.".

V. K. BHASIN, Secy. to the Govt. of India.

PPJNTED BY THE GENERAL MANAGER, GOVT. OF INDIA PWSS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY TI-IE CON [ROLLER OF PUBLICA? k3NS DELHI-2010

GMG l PMRN D-2626Gl(S4)-26-5-2010.

Ti0 30 ---()04/0007/2003-10 REGISTERED NO. Dl,-(N)O4/000712009-10

EXTRAORDINARY

PART II - Section 1 m f m * m

PUBLISHED BY AUTHORITY

* 2 5 ] T$ m, 3W, 2, 2010 / * 12, 1932 No. 25 ] NEW DELHI, WEDNESDAY, JUNE 2,2010 / JYAISTHA 12,1932

Separate paging is given to this Part in order that it may be filed as a separate compilation. -

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 2ndJune, 20 lO/Jyaistha 12, 1932 (Saka)

The following'Act of Parliament received the assent of the President on the 2nd June, 2010, and is hereby published for general information:-

THE NATIONAL GREEN TRIBUNAL ACT, 20 10

(No. 19 OF 2010) [2ndJune, 201 0.1

An Act to provide for the establishment of aNational Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. AND WHEREAS India is a party to the decisions taken at the United Nations Conference

on the Human Environment held at Stockholm in June, 1972, in which India participated, calling upon the States to take appropriate steps for the protection and improvement of the human environment;

AND WHEREAS decisions were taken at the United Nations Conference on Environment and Development held at Rio de Janeiro in June, 1992, in which India participated, calling upon the States to provide effective access to judicial and administrative proceedings, including redress and remedy and to develop national laws regarding liability and compensation for the victims of pollution and other environmental damage;

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART H-

AND WHEREAS in the judicial pronouncement in India, the right to healthy environment has been construed as a part of the right to life under article 21 of the Constitution;

AND WHEREAS it is considered expedient to implement the decisions taken at the aforesaid conferences and to have aNational Green Tribunal in view of the involvement of multi-disciplinary issues relating to the environment.

BE it enacted by Parliament in the Sixty-first Year of the ~ e ~ u b l i c ' o f 1ndia as follows: -

CHAPTER I

short title and 1. (1) This Act may be called theNationa1 Green Tribunal Act, 2010. commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Definitions. 2. (1) In this Act, unless the context otherwise requires,-

(a) "accident" means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance or equipment, or plant, or vehicle resulting in continuous or intermittent or repeated exposure to death, of, or, injury to, any person or damage to any property or environment but does not include an accident by reason only of war or civil disturbance;

(b) "Chairperson" means the Chairperson of the National .Green Tribunal;

(c) "environment" includes water, air and land and the inter-relationship, .which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property;

(6) "Expert Member" means a member ofthe Tribunal who, is appointed as such, and holds qualifications specified in sub-section (2) of section 5, and, is not a Judicial Member;

(e) "handling", in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance;

V) "hazardous substance" means any substance or preparation which is defined as hazardous substance in the Environment (Protection) Act, 1986, and exceeding 29 1986. such quantity as specified or may be specified by the Central Government under the Public Liability Insurance Act, 1991 ; 6 of 1991.

(g) "injury" includes permanent, partial or total disablement or sickness resulting out of an accident;

(h) "Judicial Member" means a member of the Tribunal who is qualified to be appointed as such under sub-section (I) of section 5 and includes the Chairperson;

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

"person" includes-

(i) an individual,

(ii) a Hindu undivided family,

SEC.~] THE GAZETTE OF INDIA EXTRAORDINARY 3

(iii) a company,

(b) a h , (v) an association ofpersons or a body of individuals, whether incorporated

or not,

(vi) trustee of a trust,

(vii) a local authority, and

(viii) every artificial juridical person, not falling within any ofthe preceding sub-clauses;

(k) "prescribed" means prescribed'by rules made under this Act;

(I) "Schedule" means Schedules I, I1 and 111 appended to this Act;

(m) "substantial question relating to environment" shall include an instance where,-

(i) there is a direct violation of a specific statutory environmental obligation by a person by which,-

(A) the community at large other than an individual or group of individuals is affected or likely to be affected by the environmental consequences; or -

(B) the gravity of damage to the environment or property is substantial; or

(C) the damage to public health is broadly measurable;

(ii) the environmental consequences relate to a specific activity or a point source of pollution;

(n) 'Tribunal" means the National Green Tribunal established under section 3;

(0 ) "workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923.

(2) The words and expressions used in this Act but not defined herein and defined in the Water (Prevention and Control ofPollution) Act, 1974, the Water (Prevention and Control of Pollution) Cess Act, 1977, the Forest (Conservation) Act, 1980, the Air (Prevention and Control of Pollution) Act, 198 1, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002 and other Acts relating to environment shall have the meaning, respectively, assigned to them in those Acts.

CHAPTER TI

3. 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 Green Tribunal to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act.

4. (1) The Tribunal shall consist of-

(a) a full time Chairperson;

(6 ) not less than ten but subject to maximum oftwenty full time Judicial Members as the Central Government may, from time to time, notify;

(c) not less than ten but subject to maximum oftwenty full time Expert Members, as the Central Government may, from time to time, notify.

Establishment of Tribunal.

Composi t ion of Tribunal.

(2) The Chairperson of the Tribunal may, if considered necessary, invite any one or more person having specialised knowledge and experience in a particular case before the Tribunal to assist the Tribunal in that case. .

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Qualifications fo r appointment o f Chairperson, Judicial Member and Expert Member.

Appointment 0 f Chairperson, Judicial Member and Expert Member.

(3) The Central Government may, by notification, specify the ordinary place or places of sitting of the Tribunal, and the territorial jurisdiction falling under each such place of sitting.

(4) The Central Government may, in consultation with the Chairperson of the Tribunal, make rules regulating generally the practices and procedure of the Tribunal including-

(a) the rules as to the persons who shall be entitled to appear before the Tribunal;

(b) the rules as to the procedure for hearing applications and appeals and other matters [including the circuit procedure for hearing at a place other than the ordinary place of its sitting falling within the jurisdiction referred to in sub-section (3)], pertaining to the applications and appeals;

(c) the minimum number ofMembers who shall hear the applications and appeals in respect of any class or classes of applications and appeals:

Provided that the ;umber of Expert Members shall, in hearing an application or appeal, be equal to the number of Judicial Members hearing such application or appeal;

(4 rules relating to transfer of cases by the Chairperson from one place of sitting (including the ordinary piace of sitting) to other place of sitting.

5. (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:

Provided 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.

(2) A person shall not be qualified for appointment as an Expert Member, unless he,-

(a) has a degree in Master of Science (in physical sciences or life sciences) with a Doctorate degree or Master of Engineering or Master of Technology and has an experience of fifteen years in the relevant field including five years practical experience in the field of environment and forests (including pollution control, hazardous substance management, environment impact assessment, climate change management, biological diversity management and forest conservation) in a reputed National level institution; or

(b) has administrative experience of fifteen years including experience of five years in dealing with environmental matters in the Central or a State Government or in a reputed National or State level institution.

(3) The Chairperson, Judicial Member and Expert Member of the Tribunal shall not hold any other office during their tenure as such.

(4) The Chairperson and other Judicial and Expert Members shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the Tribunal under this Act:

Provided that nothing contained in this section shall apply to any employment under the Central Government or a State Government or local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 6 17 of the Companies Act, 1956. 1 of 1956

6. (1) Subject to the provisions of section 5, the Chairperson, Judicial Members and Expert Members of the Tribunal shall be appointed by the Central Government.

(2) The Chairperson shall be appointed by the Central Government in consultation with the Chief Justice of India.

(3) The Judicial Members and Expert Members ofthe Tribunal shall be appointed on the recommendations of such Selection Committee and in such manner as may be prescribed.

SEC.~] T E GAZETTE OF RVDIA EXTRAORDINARY 5

7. The Chairperson, Judicial Member and Expert Member of the Tribunal shall held Term of office as such for aierm of five fiom the date on which they enter upon iheir office, but Office and shall not be eligible for re-appointment: other

conditions of Provided that in case a person, who is or has been a Judge of the Supreme Court, has service of

been appointed as Chairperson or Judicial Member of the Tribunal, he shall not hold ofice Cl'airperson,

after he has attained the age of seventy years: Judicial Mcmber and

Provided hrther that in case a person, who is or has been the Chief Justice of a High Expert Court, has been appointed as Chairperson or Judicial Member of the Tribunal, he shall not Member.

hold office after he has attained the age of sixty-seven years:

Provided also that in case a person, who is or has been a Judge of a High Court, has been appointed as Judicial Member of the Tribunal, he shall not hold office after he has attained the age of sixty-seven years:

Provided also that no Expert Member shall hold office after he has attained the age of sixty-five years.

8. The Chairperson, Judicial Member and Expert Member of the Tribunal may, by Resignation. notice in writing under their hand addressed to the Central Government, resign their office.

9. The salaries and allowances payable to, and the other terms and conditions of Salaries, service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial allowances and Member and Expert Member of the Tribunal shall be such as may be prescribed: other terms

and condit~ons Provided that neither the salary and allowances nor the other terms and conditions of of service.

service of the Chairperson, Judicial Member and Expert Member shall be varied to their disadvantage after their appointment.

10. (1) The Central Government may, in consultation with the Chief Justice of India, Removal and remove from office of the Chairperson or Judicial Member ofthe Tribunal, who,- suspensrol~ of

Chairperson, (a) has been adjudged an insolvent; or Judicial

(b) has been convicted of an offence which, in the opinion of the Central and Expert Government, involves moral turpitude; or Member.

(c) has become physically or mentally incapable; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his hnctions; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest.

(2) The Chairperson or Judicial Member shall not be removed from his office except by an order made by the Central Government after an inquiry made by a Judge of the Supreme Court in which such Chairperson or Judicial Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

(3) The Central Government may suspend from office the Chairperson or Judicial Member in respect of whom a reference of conducting an inquiry has been made to the Judge of the Supreme Court under sub-section (2), until the Central Government passes an order on receipt of the report of inquiry made by the Judge of the Supreme Court on such reference.

(4) The Central Government may, by rules, regulate the procedure for inquiry referred to in sub-section (2).

(5) The Expert Member may be removed from his office by an order of the Central Government on the grounds specified in sub-section (I) and in accordance with the procedure as may be notified by the Central Government:

Provided that the Expert Member shall not be removed unless he has been given an opportunity of being heard in the matter.

11. In the event of the occurrence of any vacancy in the office of the Chairperson of To act as

the Tribunal, by reason of his death, resignation or otherwise, such Judicial Member of the ~ ~ ~ ~ ~ ~ ~ ~ 9 r Tribunal as the Central Government may, by notification, authorise in this behalf, shall act as to discharge the Chairperson until the date on which a new Chairperson is appointed in accordance with his functions

the provisions of this Act. in certain circumstances.

6 TI-IE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

Staff of 12. (1) The Central Government shall determine the nature and categories of the officers Tribunal. and other employees required to assist the Tribunal in the discharge of its functions.

(2) The recruitment of the officers and other employees of the Tribunal shall be made by the Chairperson in such manner as may be prescribed.

(3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairperson.

(4') The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed.

Financial and 13. The Chairperson of the Tribunal shall exercise such financial and administrative admin'strat've powers as may be vested in him under the rules made by the Central Government: powers of Chairperson Provided that the Chairperson may delegate such of his financial and administrative

powers, as he may think fit, to any Judicial Member or Expert Member or officer of the Tribunal subject to the condition that the Member or such officer, while exercising such delegated power, continues to act under the direction, control and supervision of the Chairperson.

CHAPTER Ill

YUR~SDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL

Tribunal to 14. (1) The Tribunal shall have the jurisdiction over all civil cases where a substantial settle disputes question relating to environment (including enforcement of any legal right relating to

environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I.

(2) The Tribunal shall hear the disputes arising from the questions referred to in sub- section (I) and settle such disputes and pass order thereon.

(3) No application for adjudication of dispute under this section shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose:

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.

Relief, 15. (1) The Tribunal may, by an order, provide,- compensation and (a) relief and compensation to the victims of pollution and other environmental restitution. damage arising under the enactments specified in the Schedule I (including accident

occurring while handling any hazardous substance);

(b) for restitution of property damaged; (c) for restitution of the environment for such area or areas,

as the Tribunal may think fit.

(2) The relief and compensation and restitution of property and environment referred to in clauses (a), (b) and (c) of sub-section (1) shall be in addition to the relief paid or payable under the Public Liability Insurance Act, 199 1. 6 of 1991

(3) No application for grant of any compensation or relief or restitution of property or environment under this section shall be entertained by the Tribunal unless it is made within a period of five years fi-om the date on which the cause for such compensation or relief first arose:

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause fiom filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.

(4) The Tribunal may, having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate heads specified in Schedule I1 so as to provide compensation or relief to the claimants and for restitution ofthe damaged property or environment, as it may think fit.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 7

(5) Every claimant of the compensation or relief under this Act shall intimate to the Tribunal about the application filed to, or, as the case may be, compensation or relief received from, any other court or authority.

116. Any person aggrieved by,- 'Tribunal to have appellate

(a) an order or decision, made, on or after the colnmencement of the National jurisdiction. Green Tribunal Act, 2010, by the appellate authority under section 28 of the Water (Prevention and Control of Pollution) Act, 1974;

(b) an order passed, on or after the commencement of the National Green Tribunal Act, 2010, by the State Government under section 29 of the Water (Prevention and Control ofPollution) Act, 1974;

(c) directions issued, on or after the commencement of the National Green Tribunal Act, 20 10, by a Board, under section 33Aofthe Water (Prevention and Control ofPollution) Act, 1974;

(6) an order or decision made, on or after the commencement of the National Green Tribunal Act, 2010, by the appellate authority under section 13 of the Water (Prevention and Control of Pollulion) Cess Act, 1977;

(e) an order or decision made, on or after the commencement of the National Green Tribunal Act, 20 10, by the State Government or other authority under section 2 of the Forest (Conservation) Act, 1980;

V) an order or decision, made, on or after the commencement of the National Green Tribunal Act, 2010, by the Appellate Authority under section 31 of the Air (Prevention and Control of Pollution) Act, 198 1 ;

(g) any direction issued, on or after the commencement of the National Green Tribunal Act, 2010, under section 5 of the Environment (Protection) Act, 1986;

(h) an order made, on or after the commencement ofthe National Green Tribunal Act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986;

(i) an order made, on or after the commencement of the National Green Tribunal Act, 2010, rehsing to grant environmental clearance for carrying out any activity or operation or process under the Environment (Protection) Act, 1986;

(j) any determination of benefit sharing or order made, on or after the commencement ofthe National Green Tribunal Act, 20 10, by the National Biodiversity Authority or a State Biodiversity Board under the provisions of the Biological Diversity Act, 2002,

may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal:

Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed under this section within a further period not exceeding sixty days.

17. (1) Where death of, or injury to, any person (other than a workman) or damage to Liability to any property or environment has resulted from an accident or the adverse impact of an Pay Or

compensation activity or operation or process, under any enactment specified in Schedule I, the person in certain responsible shall be liable to pay such relief or compensation for such death, injury or case,, damage, under all or any of the heads specified in Schedule 11, as may be determined by the Tribunal.

(2) If the death, injury or damage caused by an accident or the adverse impact of an activity or operation or process under any enactment specified in Schedule 1 cannot be

Appl icat ion or appeal to Tribunal.

Procedure and powers o f Tribunal.

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

attributed to any single activity or operation or process but is the combined or resultant effect of several such activities, operations and processes, the Tribunal may, apportion the liability for relief or compensation amongst those responsible for such activities, operations and processes on an equitable basis.

(3) The Tribunal shall, in case of an accident, apply the principle of no fault.

18. (1) Each application under sections 14 and 15 or an appeal under section 16 shall, be made to the Tribunal in such form, contain such particulars, and, be accompanied by such documents and such fees as may be prescribed.

(2) Without prejudice to the provisions contained in section 16, an application for grant of relief or compensation or settlement of dispute may be made to the Tribunal by-

(a) the person, who has sustained the injury; or

(b ) the owner of the property to which the damage has been ca~sed ; or

(c) where death has resulted from the environmental damage, by all or any of the legal representatives of the deceased; or

(d) any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be; or

(e) any person aggrieved, including any representative body or organisation; or

(f) the Central Government or a State Government or a Union territory Administration or the Central Pollution Control Board or a State Pollution Control Board or a Pollution Control Committee or a local authority, or any environmental authority constituted or established under the Environment (Protection) Act, 1986 or 29 o f 1986. any other law for the time being in force:

Provided that where all the legal representatives ofthe deceased have not joined in any such application for compensation or relief or settlement of dispute, the application shall be made on behalf of, or, for the benefit of all the legal representatives ofthe deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application:

Provided further that the person, the owner, the legal representative, agent, representative body or organisation shall not be entitled to make an application for grant of relief or compensation or settlement of dispute if such person, the owner, the legal representative, agent, representative body or organisation have preferred an appeal under section 16.

(3) The application, or as the case may be, the appeal filed before the Tribunal under this Act shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application, or, as the case may be, the appeal, finally within six months from the date of filing of the application, or as the case may be, the appeal, after providing the parties concerned an opportunity to be heard.

19. (1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice. 5 of 1908.

(2) Subject to the provisions of this Act, the Tribunal shall have power to regulate its own procedure.

(3) The Tribunal shall alsb not be bound by the rules of evidence contained in the Indian Evidence Act, 1872. 1 of 1872.

(4) The Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, 5 o f 1908. while trying a suit, in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

Scc.l] THE GAZETTE OF INDIA EXTRAOKDINARY - 9

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(6) subject to the provisions of sections 123 and 124 of the Indian Evidence 1 of 1872. Act, 1872, requisitioning any public record or document or copy of such record or

document from any office;

(e) issuing commissions for the examination of witnesses or documents;

(1) reviewing its decision;

(g) dismissing an application for default or deciding it exparte;

(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 application made or appeal filed under this Act;

(j) pass an order requiring any person to cease and desist from committing or causing any violation of any enactment specified in Schedule I;

(k) any other matter which may be prescribed.

(5 ) All proceedings before the Tribunal shall be deemed to be the judicial proceedings within the meaning of sections 193,2 19 and 228 for the purposes of section 196 of the Indian

45 of 1860 Penal Code and the Tribunal shall be deemed to be a civil court for the purposes of 2 of 1974. section 195 and Chapter XXVI ofthe Code of Criminal Procedure, 1973.

20. The Tribunal shall, while passing any order or decisibn or award, apply the principles Trlbunal to of sustainable development, the precautionary principle and the polluter pays principle. apply certain

prlnc~ples.

21. The decision of the Tribunal by majority of Members shall be binding: Decision to

Provided that if there is a difference of opinion among the Members hearing an Eaj?!:;~b~ application or appeal, and the opinion is equally divided, the Chairperson shall hear (if he has not heard earlier such application or appeal) such application or appeal and decide:

Provided further that where the Chairperson himself has heard such application or appeal alongwith other Members of the Tribunal, and if there is a difference of opinion among the Members in such cases and the opinion is equally devided, he shall refer the matter to other Members of the Tribunal who shall hear such application or appeal and decide.

22. Any person aggrieved by any award, decision or order oftheTribuna1, may, file an Appeal to appeal to the Supreme Court, within ninety days from the date of communication of the sup r~ lne

award, decision or order of the Tribunal, to him, on any one or more ofthe grounds specified 'Our'.

5 of 1908. in section 100 ofthe Code of Civil Procedure, 1908:

Provided that the Supreme Court may entertain any appeal after the expiry of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal.

23. (1) While disposing of an application or an appeal under this Act, the ~r ibunal cos t

shall have power to make such order as to costs, as it may consider necessary.

(2) Where the Tribunal holds that a claim is not maintainable, or is false or vexatious, and such claim is disallowed, in whole or in part, the Tribunal may, if it so thinks fit, after recording its reasons for holding such claim to be false or vexatious, make an order to award costs, including lost benefits due to any interim injunction.

24. (1) Where any amount by way of compensation or relief is ordered to be paid Deposit of

under any award or order made by the Tribunal on the ground ofany damage to environment, payable for that amount shall be remitted to the authority specified under sub-section (3) of section 7 8 damage to

6 of 1991. of the Public Liability Insurance Act, 1991 for being credited to the Environmental Relief ,nvironment, Fund established under that section.

10 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII-

(2) The amount of compensation or relief credited to the Environmental Relief Fund under sub-section (I), may, notwithstanding anything contained in the Public Liability Insurance Act, 199 1, be utilised by such persons or authority, in such manner and for such purposes relating to environment, as may be prescribed.

Execution of 25. (1) An award or order or decision ofthe Tribunal under this Act shall be executable Or by the Tribunal as a decree of a civil court, and for this purpose, the Tribunal shall have all

or decision of Tribunal. the powers of a civil court.

(2) Notwithstanding anything contained in sub-section (I), the Tribunal may transmit any order or award made by it to a civil court having local jurisdiction and such civil court shall execute the order or award as if it were a decree made by that court.

(3) Where the person responsible, for death of, or injury to any person or damage to any property and environment, against whom the award or order is made by the Tribunal, fails to make the payment or deposit the amount as directed by the Tribunal within the period so specified in the award or order, such amount, without prejudice to the filing ofcomplaint for prosecution for an offence under this Act or any other law for the time being in force, shall be recoverable from the aforesaid person as arrears of land revenue or of public demand.

Penalty for 26. (1) Whoever, fails to comply with any order or award or decision of the Tribunal failure to under this Act, he shall be punishable with imprisonment for a term which may extend to

with three years, or with fine which may extend to ten crore rupees, or with both and in case the orders of Tribunal. failure or contravention continues, with additional fine which may extend to twenty-five

thousand rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention:

Provided that in case a company fails to comply with any order or award or a decision of the Tribunal under this Act, such company shall be punishable with fine which may extend to twenty-five crore rupees, and in case the failure or contravention continues, with additional fine which may extend to one lakh rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be deemed to be non-cognizable within the meaning ofthe said Code.

Offences by 27. (1) Where any offence under this Act has been committed by a company, every companies, 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 the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), 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, oris 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 ofthat offence and shall be liable to be proceeded against and punished accordingly.

Exp1mation.- For the purposes of this section,-

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b ) "director" in relation to a firm means a partner in the firm.

SEC.~] THE GAZETTE OF INDIA EXTRAORDINARY % 1. -

28. (I) Where any Department of the Government fails to comply with any order or Offences by award or decision ofthe Tribunal under this Act, the Head ofthe Department shall be deemed Government to be guilty of such failure and shall be liable to be proceeded against for having committed Department.

an offence under this Act and punished accordingly:

Provided that nothing contained in this section shall render such Head ofthe Degarhnent liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), 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 also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

CHAPTERV

29. (I) With effect from the date of establishmerlt of the Tribunal under this Act, no Bar of civil court shall have jurisdiction to entertain any appeal in respect of any matter, which the jurisdiction.

Tribunal is empowered to determine under its appellate jurisdiction.

(2) No civil court shall have jurisdiction to settle dispute or entertain any question relating to any claim for granting any relief or compensation or restitution of property damaged or environment damaged which may be adjudicated upon by the Tribunal, and no injunction in respect of any action taken or to be taken by or before the Tribunal in respect of the settlement of such dispute or any such claim for granting any relief or compensation or restitution of property damaged or environment damaged shall be granted by the civil court.

30. (1) No court shall take cognizance of any offence under this Act except on a Cognizance of complaint made by- offences.

(a) the Central Government or any authority or officer authorised in this behalf by that Government; or

(b ) any person who has given notice of not less than sixty days in such manner as may be prescribed, ofthe alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.

(2) No court inferior to that of a Metropolitan Magistrate or, a Judicial Magistrate of the first class shall try any offence punishable under this Act.

31. The Chairperson, the Judicial and Expert Members, officers and other employees Members and ofthe Tribunal shall be deemed to be public servants within the meaning of section 21 ofthe staff of

45 of 1860. Indian Penal Code, Tribunal to be public servants.

32. (1) No suit or other legal proceeding shall lie against the employees ofthe Central Protection of Government or a State Government or any statutory authority, for anything which is in good action taken in

faith done or intended to be done in pursuance ofthis Act or any rule or order made thereunder. fa'th.

(2) No suit, prosecution or other legal proceeding shall lie against the Chairperson or, Judicial Member or Expert Member of the Tribunal or any other person authorised by the Chairperson or Judicial Member or the Expert Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

33. The provisions ofthis Act, shall have effect notwithstanding anything inconsistent Act to have contained in any other law for the time being in force or in any instrument having effect by overriding

virtue of any law other than this Act. effect.

34. (1) The Central Government may, by notification, amend the Schedule I by including Power to therein any other Act, enacted by Parliament having regard to the objective of environmental amend protection and conservation of natural resources, or omitting therefrom any Act already Schedule

specified therein and on the date of publication of such notification, such Act shall be deemed to be included in or, as the case may be, omitted from the Schedule I.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Power to make rules.

(2) A copy of every notification proposed to be issued under sub-section (I), shall be laid in draft before eachHouse ofparliament, 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 ofthe session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or, as the case maybe, shall be issued only in such modified form as may be agreed upon by both the Houses.

35. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) rules as to the persons who shall be entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4;

(b) the procedure for hearing applications and appeals and other matters pertaining to the applications and appeals under clause (b) of sub-section (4) of section 4;

(c) the minimum number ofmembers who shall hear the applications and appeals in respect of any class or classes of applications and appeals under clause (c) of sub- section (4) of section 4;

(4 the transfer of cases by the Chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting;

(e) the selection committee and themanner of appointment ofthe Judicial Member and Expert Member of the Tribunal under sub-section (3) of section 6 ;

@ the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairperson, Judicial Member and Expert Member of the Tribunal under section 9;

(g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under sub-section (4) of section 10;

(h) the recruitment of officers and other employees of the Tribunal under sub- section (2) of section 12; and the salaries and allowances and other conditions of service of the officers and other employees of the Tribunal under sub-section (4) of that section;

(i) the financial and administrative powers to be exercised by the Chairperson of the Tribunal under section 13;

( j ) the form of application or appeal, the particulars which it shall contain and the documents to be accompanied by and the fees payable under sub-section (1) of section 18;

(k) any such matter in respect of which the Tribunal shall have powers of a civil court under clause (k) of sub-section (4) of section 19;

(I) the manner and the purposes for which the amount of compensation or relief credited to the Environment Relief Fund shall be utilised under sub-section (2) of section 24;

(m) the manner of giving notice to make a complaint under clause (b) of sub- section (1) of section 30;

(n) any other matter which is required to be, or may be, specified by rules or in respect of which provision is to be made by rules.

(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the

SEC. 1 1 THE GAZETTE OF INDIA EXTRAORDINARY 13

successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

36. The enactments specified in the Schedule I11 to this Act shall be amended in the Amendment manner specified therein and such amendments shall take effect on the date of establishment ce*ain

of the Tribunal. enactments.

37. (I) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government, may, by order published in the Official Gazette, make such provisions, not remove

inconsistent with the provisions of this Act as may appear to it to be necessary for removing difficulties.

the difficulty:

Provided that no such order shall bemade after the expiry of a period oftwo years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

38. (1) The National Environment Tribunal Act, 1995 and the National ~nvironmeht Repeal and Appellate Authority Act, 1997 are hereby repealed (hereinafter referred to as the repealed savings.

Act).

(2) Notwithstanding such repeal, anything done or any action taken under the said Acts shall be deemed to have been done or taken under the corresponding provisions ofthis Act.

(3) The National Environment Appellate Authority established under sub-section (1 ) of section 3 of the National Environment Appellate Authority Act, 1997, shall, on the establishment of the National Green Tribunal under the National Green Tribunal Act, 20 10, stand dissolved.

(4) On the dissolution of the National Environment Appellate Authority established under sub-section (I) of section 3 of the National Environment Appellate Authority Act, 11997, the persons appointed as the Chairperson, Vice-chairperson and every other person appointed as Member of the said National Environment Appellate Authority and holding office as such immediately before the establishment ofthe National Green Tribunal under the National Green Tribunal Act, 2010, shall vacate their respective offices and no such Chairperson, Vice-chairperson and every other person appointed as Member shall be entitled to claim any compensation for the premature termination ofthe term of his office or of any contract of service.

(5) All cases pending before the National Environment Appellate Authority established under sub-section (1 ) of section 3 of the National Environment Appellate Authority Act, 1997 on or before the establishment of the National Green Tribunal under the National Green Tribunal Act, 2010, shall, on such establishment, stand transferred to the said National Green Tribunal and theNational Green Tribunal shall dispose of such cases as if they were cases filed under that Act.

(6) The officers or other employees who have been, immediately before the dissolution of the National Environment Appellate Authority appointed on deputation basis to the National Environment Appellate Authority, shall, on such dissolution, stand reverted to their parent cadre, Ministry or Department, as the case may be.

(7) On the dissolution ofthe National EnvironmentAppellateAuthority, the officers and other employees appointed on contract basis under the National Environment Appellate Authority and holding office as such immediately before such dissolution, shall vacate their respective offices and such officers and other employees shall be entitled to claim compensation for three months' pay and allowances or pay and allowances for the

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

remaining period of service, whichever is less, for the premature termination ofterm of their office under their contract of service.

(8) The mention ofthe particular matters referred to in sub-sections (2) to (7) 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. 10 of 1897.

SEC. 1 ] -- THE GAZETTE OF INDIA EXTRAORDINARY 15

SCHEDULE I

[See sections 14(1), 15(1), 17(l)(a), 17(2), 19(4) ( j ) and 34(1)]

1. The Water (Prevention and Control of Pollution) Act, 1974; 2. The Water (Prevention and Control of Pollution) Cess Act, 1977; 3. The Forest (consirvation) Act, 1980; 4. The Air (Prevention and Control of Pollution) Act, 198 1 ; 5. The Environment (Protection) Act, 1986; 6. The Public Liability Insurance Act, 199 1; 7. The Biological Diversity Act, 2002.

16 THE GAZETTE OF INDIA EXTRAORDINARY [PART JI-

SCHEDLEE II

[See sections 15(4) and 17(1)]

HEADS UNDER WHICH COMPENSATION OR RELIEF FOR DAMAGE MAY BE CLAIMED

(a) Death;

(b) Permanent, temporary, total or partial disability or other injury or sickness;

(c) Loss ofwages due to total or partial disability or permanent or temporary disability;

(4 Medical expenses incurred for treatment of injuries or sickness;

(e) Damages to private property;

((,I Expenses incurred by the Government or any local authority in providing relief, aid and rehabilitation to the affected persons;

($) Expenses incurred by the Government for any administrative or legal action or to cope with any harm or damage, including compensation for environmental degradation and restoration of the quality of environment;

(h) Loss to the Government or local authority arising out of, or connected with, the activity causing any damage;

(i) Claims on account of any harm, damage or destruction to the fauna including milch and draught animals and aquatic fauna;

(i) Claims on account of any harm, damage or destruction to flora including aquatic flora, crops, vegetables, trees and orchards;

, (k) Claims including cost of restoration on account of any harm or damage to environment including pollution of soil, air, water, land and eco-systems;

(I) Loss and destruction of any property other than private property;

(m) Loss of business or employment or both;

(n) Any other claim arising out of, or connected with, any activity of handling of hazardous substance.

SEC. 1 ] THE GAZETTE OF INDA EXTRAORDINARY 17

SCHEDLTLE III (See section 36)

AMENDMENT TO CERTAIN ENACTMENTS

PART I

After section 33A, the following section shall be inserted, namely:- Insertion o f new section 33B.

"33B. Any person aggrieved by,- Appeal to National Green (a) an order or decision of the appellate authority under section 28, Tribunal

made on or after the commencement of the National Green Tribunal Act, 20 10; or

(b ) an order gassed by the State Government under section 29, on or after the commencement of the National Green Tribunal Act, 20 10; or

(c) directions issued under section 33A by a Board, on or after the commencement of the National Green Tribunal Act, 20 10,

may file an appeal to the National Green Tribunal established under section 3 of the National GreenTribunal Act, 20 10, in accordance with the provisions of that Act.".

PART I1

1. In section 13, in sub-section (4), for the words "shall be final", the words, figures and Amendment of

letters "shall, if no appeal has been filed under section 13A, be final" shall be substituted. l3.

2. After section 13, the following section shall be inserted, namely:- Insertion of new section 13A.

"13A. Any person aggrieved, by an order or decision of the appellate authority Appeal to made under section 13, on or after the commencement of the National Green Tribunal National

Act, 2010, may file an appeal to theNational Green Tribunal established under section 3 ~ ~ ~ { ~ n a l , , of the National Green Tribunal Act, 2010, in accordance with the provisions of that

Act.".

After section 2, the following section shall be inserted, namely:- Insertion of new section 2A.

"2A. Any person aggrieved, by an order or decision of the State Government or Appeal to other aylthority made under section 2, on or after the commencement of the National National

GreenTribunal Act, 20 10, may file an appeal to the National Green Tribunal established y::{unnal, under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.".

18 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII-SEC. 11

PART IV

Insertion of After section 3 lA, the following section shall be inserted, namely:- new section 31B.

Appeal to National Green Tribunal,

Insertion of new section - SA.

Appeal to National Green Tribunal.

A m e n d m e n t of section 52.

Insertion of new section 52A.

Appeal to National Green Tribunal.

"3 1 s . Any person aggrieved by an order or decision of the Appellate Authority under section 3 1, made on or after the commencement ofthe National Green Tribunal Act, 20 10, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.".

PART V

AMENDMENT TO THE ENVIRONMENT (PROTECTION) ACT, 1986

(29 OF 1986)

After section 5, the following section shall be inserted, namely:-

"5A. Any person aggrieved by any directions issued under section 5, on or after the commencement of the National Green Tribunal Act, 20 10, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.".

PARTVI

AMENDMENTS X) THE BIOLOGICAL DIVERSITY ACT, 2002

1. In section 52, after the proviso, the following provisos shall be inserted, namely:-

"Provided hrther that nothing contained in this section shall apply on and from the commencement of the National Green Tribunal Act, 20 10:

Provided also that any appeal pending before the High Court, before the commencement of the National Green Tribunal Act, 2010, shall continue to be heard and disposed of by the High Court as if the National Green Tribunal had not been established under section 3 of the National Green Tribunal Act, 2010.".

2. After section 52, the following section shall be inserted, namely:-

"52A. Any person aggrieved by any determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act, on or after the commencement ofthe National Green Tri'ounal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.".

V. K. lBmsIN3 a . Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELH1-2010.

GMGIPMRND-26!%Gl(S4)-03-06-2010.

Tf3-F$ 10 730 VTe(w) 04/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003-10

mm EXTRAORDINARY wl 11-ZiW 1

PART Il - Section 1 m * ? n T f m

PUBLISHED BY AUTHORITY

Ti0 351 %?@?, dWfl7, VTR 16, 2010 I R W 25, 1932 No. 351 NEW DELHI, MONDAY, AUGUST 16,2010 1 SRAVANA 25,1932

' d i r p r m 3 k p ~ 3 ~ % M ~ w m ~ ? i : r n 3 w w j n 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, August 1 6 ,20 1 O/Sravana 25,1932 (Saka)

The following Act of Parliament received the assent of the President on the 16th August, 20 10, and is hereby published for general information:-

THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS (AMENDMENT) ACT, 20 1 0

No. 20 OF 20 10

[16th August, 201 0.1

k i n Act fiuther to amend the National Commission for Minority Educational Institutions Act, 2004.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. (I) This Act may be called the National Commission for Minority Educational Short title and

Institutions (Amendment) Act, 201 0. co~nrnencenlent.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

Amendment o f 2. In section 2 of the National Commission for Minority Educational Institutions section 2. Act, 2004 (hereinafter referred to as the principal Act),-- 2 of 200s.

(i) clause (6) shall be omitted;

(ii) for clause (g), the following clause shall be substituted, namely:-

'(g) "Minority Educational Institution" means a college or an educational iristitution established and administered by a minority or minorities;'.

Amendment o f 3. In section 3 of the principal Act, in sub-section (2), for the words "two members'!, section 3. the words "three members" shall be substituted.

Amendment of 4. In section 10 of the principal Act, for sub-section (I), the following sub-section lo. shall be substituted, namely:-

"(1) Subject to the provisions contained in any other law for the time being in force, any person, who desires to establish a Minority Educational Institution may apply to the competent authority for thegrant of no objection certificate for the said purpose.''.

Amendment o f 5. In section 12B ofthe principal Act, in sub-section (4), the words "and in consultation sectior' 12B. with the State Government" shall be omitted.

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

xf+E$ 'fiO 30 W-(~)04/0007/2003--10 REGISTERED NO. DL--(N)O~/0007!2003--10

mm EXTRAORDrn ARY wl 11-Zt'G 1

PART II - Section 1 flm*m

PUBLISHED BY AUTHORITY

No. 291 NEW DELHI, WEDNESDAY, AUGUST 18,2010 1 SRAVANA 27,1932 -- . -- --

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the Azrgust 18,20 1 O/Sruvuna 27,1932 (Saku)

The following Act of Parliament received the assent of the President on the 17thAugust, 2010, and is hereby published for general information:-

THE APPROPRIATION (No. 4) ACT, 20 10

No. 21 OF 2010

An Act to authorise payment and appropriation of certain m h e r sums fiom and out of the Consolidated Fund of hdia for the services of the financial year 201 0- 1 1.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. This Act may be called the Appropriation (No. 4)Act, 20 10. Short title.

2. From and out ofthe Consolidated Fund of India there may be paid and applied sums Issue of Rs. not exceeding those specified in column 3 ofthe Schedule amounting in the aggregate to the 6 8 2 9 4 ~ 3 0 ~ 0 0 ~ 0 0 0

out of the sum of sixty-eight thousand two hundred ninety-four crores and thirty lakh rupees only Consolidated

towards defraying the several charges which will come in the course of payment during the Fund of Illdia financial year 20 10-1 1 in respect of the services specified in column 2 of the Schedule. for the financial

year 2010-11.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund Appropriation.

of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

t 2 THE GAZETTE OF INDIA EXTRAORDINARY

-- [PART 11-

4

" THE SCI-IEDULE ( See sectio~ls 2 and 3 )

No. 0 f Vote

1

2

3

4

6

7

8

9

11

12

13

14

15 . ;

16 .

17

18

19

20

22

23

25

27

29

30

3 1

32

3 3

35

4 1 . .

46

4 9

5 1

2

' , : Services and purposcs

. . . . .

, .

Department of Agriculture and coopei-ition.. . . Revenue

Department of Agricultural Research and

Education . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . . Revenue

Department of Animal Husbandry, Dairying

and Fisheries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Atomic Energy.. . . . . . . . . . . . . . . . . . . . . . . . . . . Capital

Department of Chemicals and Petroche~nicals . . Revenue

Department of Fertilisers . . . . . . . . . . . . . . . . . . . Revenue,

Department of Pharmaceuticals.. . . . . . . . . . . . . Revenue

Ministry of Civil Aviation.. . . . . . . . . . . . . . . . . . Revenue

Department of Commerce . . . . . . . . . . . . . . . . . . Revenue

Department of Industrial Policy and Promotion Revenue

Department of Posts . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital

Department of Teletommunications . . . . . . . . . . Revenue

Department of Information Technology . . . . . . Revenue

Department of Consumer Affairs. . . : . . . . . . . . . Revenue

Department of Food and Public Distribution . . . ~ e v e n u e

Ministry of Corporate Affairs . . . . . . . . . . . . : . . Capital

. Ministry of Culture . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Ministry of Defence . . . . . . . . . . . . . . . . . . . . . . . . ~ e v e n u e

Capital

Defence Services - Army . . . . . . . . . . . . . . . . . . Revenue

Defence Services - Navy.. . . . . . . . . . . . . . . . . . Revenue

Defence - Ordnance Factories . . . . . . . . . . . . . . Revenue

Capital Outlay on Defence Services. . . . . . . . . . . Capital

Ministry of Earth Sciences . . . . . . . . . . . . . . . . . . Revenue

Ministry of ~nvi ronment and Forests . . . . . . . . . Revenue

Ministry of External Affairs. . . . . . . . . . . . . . . . . Reventie

. . . . . . . . . . . Department of Economic Affairs.,. Revenue

Capital

Department of Financial Services . . . . . . . . . . . . Revenue . .

Capital

CHARGED. -,Interest Payments Revenue

Transfers to State and Union territory Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

C . H A R G E D . . - R ~ ~ Q J J ~ ~ ~ ~ of Debt . . . . :.. . . . . : . . . . . Capital

Department of Revenue . . . . . . . . . . . . . . . . . . . . . . Reveriue . . . .

. . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . Capital

Department of Health and Family Welfare. . . . . Revenue : Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Department of Heavy Industry . . . . . . . . . . . . . . Revenue

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capital

Ministry of Home Affairs . . . . : . . . . . . . . . . . . . . Revenue

Capital

*

Voted by Parliament

Rs . 2212,O.l,00,000

1074,00,00,000

. .

1 ,OO,OOO

80,01,00,000

1248,00,00,000

l,OU,OOO

1,00,000

19,O 1,00,000

658,s 1,00,000

4,00,000

1,00,000

145,0.0,00,000

30,56,00,000

1012,00,00,000

6,00,000

800,00,00,000

. . " 49,36,00,000

83,21,00,000

, 40,01,00,000

1500,00,00,000

813,01,00,000

2,00,000

l,OO,OOO

6,00,00,000

24,52,00,000

1 1327,15,00,000

110,00,00,000

2320,12,00,000

4379,O 1,00,000

,

1000,01,00,000

27,00,00,000

100,O l,OO,OOO

1 ,oo,ooo

12,27,00,000

103,99,00,000

1027,26,00,000

2,00,000

5

Sums not exceeding

:charged on thc, . I Total 'Consolidated Eurid

, Rs. 2212,UL,UO,OUO

. . . 7 . .

. .

2,00,000

46,00,000

8,00,000

. .

1,00,000

5,00,000

3,20,00,000

1,15,00,000

. 20,25,00,000

1,00,000

. . .

2000,00,00,000

xi 3891,59,00,000

. . .

1074,00,00,000

l,OO,OOO

80,O l,OO,OOO

1248,00,00,000

1,00,000

l,OO,OOO

19,01,00,000

' 658,51,00,000

6,00,000

47,00,000

. 145,'08,00,000

30,56,00,000

10 12,00,00,000

6,00,000

800,O l,OO,OOO . .

49,36,00,000

83,21,00,000

40,01,00,000

5,00,000

1500,00,00,000

3,20,00,00U

1 , 1 5 ~ 0 , 0 0 0

833,26,00,000

2,00,000

l,OO,OOO

6,00,00,000

24,52,00,000

11327,15,00,000

110,00,00,000

2320,12,00,000

1,00,000

4379,01,00,000

2000,00,00,000

3894,59,00,000

1000,01,00,000

27,00,00,000 . .

100,01,00,000

1,00,000

12,27,00,000

: : 103,99,00,000

1027,26,00,000

2,00,000

F

SEC. l] --

THE GAZETTE OF INDIA EXTRAORDINARY --- -- '. 3

- - i

0 f Vote

Services and purposes

Cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital

Police . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital

Other Expenditure of the Ministry of Home Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital

Ministry of Housing and Urban Poverty Alleviation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Department of School Education and Literacy. Revenue

. . . . . . . . . . . . ~ e ~ a r t m e n t of Higher Education Revenue

. . . . . Ministry of Information and Broadcasting Revenue

Ministry of Labour and Employment . . . . . . . . . Revenue

Law and Justicq . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Ministry of Mines . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Ministry of Personnel, Public Grievances and Pensions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Ministry of petroleum and Natural Gas. . . . . . . . Revenue

Ministry of Planning.. . . . . . . . . . . . . :. . . . . . . . Revenue

Ministry of Power . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital

. . . . . . . . . . Department of Rural Development. Revenue

. . . . . . . Department of Science and Technology Revenue

Ministry of Shipping . . . . . . . . . . . . . . . . . . . . . . . Capital

. Ministry of Social ~ustice and Empowerment.. Revenue

Ministry of Statistics and Programme

Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Ministry of Textiles.. . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital

Ministry of Tourism . . . . . . . . . . . . . . . . . . . . . . . Revenue

Ministry of Tribal Affairs . . . . . . . . . . . . . . . . . . . Revenue

Andaman and Nicobar lslands. . . . . . . . . . . . . . . . Revenue

Chandigarh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Capital

. . . . . . . . . . Department of Urban Development Capital

Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital

Ministry of Water Resources . . . . . . . . . . . . . . . Revenue

. . . Ministry of Women and Child Development Revenue

. . . . . . . . . Ministry of Youth Affairs and Sports. Revenue

Capital

3 L --

Sums not evceed~ng

Parliament

20,00;00,000

17,00,00,000

174 1,48,00,000

604,00,00,000

Charged on the Consolidated Fund

Rs

Total

Rs.

20,00,00,000

17,00,00,000

1741,54,00,000

604,00,00,000

V.K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLlC.ATlONS, DELHI-2010.

GMGIPMRND-40?5Gl(S-3)-20.08.2010,

d%$ %o 30 m@--(~)04/0007/2003-10 REGISTERED NO. DI,-(N)04/000?!2003-10

mm ExTFtAORDrNARY oTm 11- a% 1

PART XI - Section 1 m-am

PUBLISHED BY AUTHOFUTY -

go 301 m, T m , WTR 18, 20101 8TRT 27, 1932 No. 301 NEW DELHI, WEDNESDAY, AUGUST 18,2010 / SRAVANA 27,1932

w o T r n 4 M ~ h i f & % m % ~ m ~ * m 4 m ~ * l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the August, 18 2010/Sravana27,1932 (Saka)

The following Act of Parliament received the assent of the President on the 17th August, 2010, and is hereby published for general information:-

THE JHARKWAND APPROPFUATION ACT, 20 10

No. 22 OF 20 10 [17thAzrgust, 2010.1

An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Jharkhand for the services of the financial year 20 10- 11. BE it enacted by Parliament in the Sixty-first Year ofthe Republic ofIndia as follows:-

Short title. 1. This Act may be called the Jharkhand Appropriation Act, 2010.

Issue of Rs. 2. From and out ofthe Consolidated Fund of the State of Jharkhand there may be paid 1242,71,25,627

and applied sums not exceeding those specified in column 3 of the Schedule amounting in out of the Con-

the aggregate to the sum of one thousand two hundred forty-two crores, seventy-one lakhs, solidated I.'und of the State of

twenty-five thousand and six hundred twenty-seven rupees towards defraying the several ,,,arkhand for

charges which will come in course of payment during the financial year 2010-1 1, in respect of financial

the services specified in column 2 of the Schedule. year 2010-11.

Appropriation. 3. The sums authorised to be paid and applied from and out of the Consolidated Fund

of the State of Jharkhand by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

2 THE GAZETTE OF INDIA EXTRAORDINARY --

[PART 11-SEC. 11

THE SCHEDIJ1,E

( See sections 2 and 3 )

-

Xo. 0 f Vote/ Appro- pria- tion

Services and purposes Voted by P a r l i a n ~ e i ~ t

Sums not exceeding

Chargcd on the Consolidated Fund

3

4

Total

. . . . . . . . . . . Building Construction Department Revenue

Cabinet Secretariat and Coordination Department ................................................... Revenue

10

1 2

I

Energy Department. . . . . . . . . . . . . . . . . . . . . . . . Capital

Finance Department . . . . . . . . . . . . . . . . . . . . . . . Revenue

13

16

17

18

. . . . . . . . . . . . . . . . . . . . . . . . . Interest Payment. Revenue

. . . . . . . . . . . . . . . . . . . . . . . . . National Savings Revenue

Finance (Commercial Tax) Department . . . . . . . Revenue

Food, Public Distribution and Consumer

19

2 0

Affairs Department . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Forest and Environment ~ e ~ a r t m e n t . . . . . . . . . Revenue

Health, Medical Education and Family

Welfare Department . . . . . . . . . . . . . . . . . . . . . . . Revenue

2 2

2 3

2 4

26

3 5 Planning and Development Department. . . . . . . Revenue

3 8 Registration Department . . . . . . . . . . . . . . . . . . . Revenue

Home Department . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Industries Department . . . . . . . . . . . . . . . . . . . . . . Revenue

Information and Public Relation Department . . Revenue

Laboor, Employment and Training Department Revenue

2 7

2 8

. . . . . . . . . . . 3 9 Disaster Management Department Revenue

. . . . . 4 0 Revenue and Land Reforms Department.. Revenue

. . . . . . . . . . . . . . . . . . . . . . . . . . Law Department Revenue

High Court of ~haikhand . . . . . . . . . . . . . . . . . . . . Revenue

4 1 Road Construct io~~ Department . . . . . . . . . . . . . . Revenue

4 2 Rural Development Department . . . . . . . . . . . . . Revenue

Capital 4 3 Science and Technology Department . . . . . . . . . Revenue

4 4 Secondary, Primary and Public Education

3 3 Personnel and Administrative Reforms

Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

4 7 Transport Department . . . . . . . . . . . . . . . . . . . . . Revenue

4 8 ' Urban Development and Housing Department. . Revenue

5 1 Welfare Department . . . . . . . . . . . . . . . . . . . . . . . Revenue

TOTAL:

Rs. 1,82,131

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF lNDIA PRESS, MINT0 ROAD, NEW DELHI ,<lND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010.

ThF# to 3' ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10 -

- mm

EXTRAORDINARY oTm 11-rFjyo3 1

PART LI - Section 1 mfm*FmRT

PUBLISHED BY AUTHORITY

Tio 31) m, m m , VF!T 19, 2010 / Wf428, 1932

No. 31) NEW DELHI, THURSDAY, AUGUST 19,2010 / SRAVANA 28,1932

i ;emmrm~psa*44;n?RBf$nir%mw~tm4~~~*1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the August 19,20 1 O/Sravana 28,1932 (Saka)

The following Act of Parliament received the assent of the President on the 18th August, 2010, and is hereby published for general information:-

THE CLINICAL ESTABLISHMENTS (REGISTRATION AND REGULATION) ACT, 20 1 0

[l 8th August, 20 10.1

An Act to provide for the registration and regulation of clinical establishments in the country and for matters connected therewith or incidental thereto.

WHEREAS, it is considered expedient to provide for the registration and regulation of clinical establishments with a view to prescribe minikum standards of facilities and services which may be provided by them so that mandate of article 47 of the Constitution for improvement in public health may be achieved;

AND WHEREAS, Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution;

AND WHEREAS, in pursuance of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses ofthe Legislatures of the States of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim to the effect that the matters aforesaid should be regulated in those States by Parliament by law;

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

CHAPTER I

PRELIMINARY

Short title, 1. (I) This Act may be called the Clinical Establishments (Registration and Regulation) application Act, 2010. and wnmcement . (2) It applies, in the first instance, to the whole of the States of Arunachal Pradesh,

Himachal Pradesh, Mizoram and Sikkim and the Union territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of '

article 252 ofthe Constitution.

(3) It shall come into force at once in the States of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim and the Union territories, on such date as the Central Government may, by notification, appoint and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory:

Provided that different dates may be appointed for different categories of clinical establishments and for different recognised systems of medicine.

Definitions. 2. In this Act, unless the context otherwise requires,-

(a) "authority" means the district registering authority set-up under section 10;

(6) "certificate" means certificate of registration issued under section 30;

(c) "clinical establishment" means-

( i ) a hospital, matemityhome, nursing home, dispensary, clinic, sanatorium or an institution by whatever name called that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine established and administered or maintained by any person or body of persons, whether incorporated or not; or

(ii) a place established as an independent entity or part of an establishment referred to in sub-clauso (I), in connection with the diagnosis or treatment of diseases where pathological, bacteriological, genetic, radiological, chemical, biological investigations or other diagnostic or investigative services with the aid of laboratory or other medical equipment, are usually carried on, established and administered or maintained by any person or body of persons, whether incorporated or not,

and shall include a clinical establishment owned, controlled or managed by- - (a) the Government or a department of the Government;

(6) a bust, whether public or private;

(c) a corporation (including a society) registered under a Central, Provincial or State Act, whether or not owned by the Government;

(4 a local authority; and

( e ) a single doctor,

but does not include the clinical establishments owned, controlled or managed by the Armed Forces.

Explanation.-For the purpose of this clause "Armed Forces" means the forces constituted under the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1957; 46 of 1950.

45 of 1950. 62 of 1957.

SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 3

(6) "emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) of such a nature that the absence of immediate medical attention could reasonably be expected to result In-

( I ] placing the health ofthe individual or, with respect to a pregnant women, the health of the woman or her unborn child, in serious jeopardy; or

(ii) serious impairment to bodily functions; or

(iii) serious dysfunction of any organ or part of a body;

(e) "National Council" means the National Council for clinical establishments established under section 3;

V) "notification" means a notification published in the Official Gazette;

(g) "prescribed" means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government;

( h ) "recognised system of medicine" means Allopathy, Yoga, Naturopathy, Ayurveda, Homoeopathy, Siddha and Unani System of medicines or any other system of medicine as may be recognised by the Central Government;

( i ) "register" means the register maintained by the authority, State Government and the Central Government under sections 37, 38 and 39 respectively of this Act containing the number of clinical establishments registered;

( j ) "registration" means to register under section 11 and the expression registration or registered shall be construed accordingly;

(k) "rules" means rules made under this Act;

(I) "Schedule" means the Schedule appended to this Act;

(m) "standards" means the conditions that the Central Government may prescribe under section 12, for the registration of clinical establishments;

(n) "State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 ofthe Constitution; and

(0) "to stabilise (with its grammatical variations and cognate expressions)" means, with respect to an emergency medical condition specified in clause ( 4 , to provide such medical treatment ofthe condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a clinical establishment.

CHAPTER I1

3. (1) With effect from such date as the Central Government may, by notification Establishment

appoint in this behalf, there shall be established for the purposes of this Act, a Council to be ~ ~ u n c ~ a t i O " l

called the National Council for clinical establishments.

(2) The National Council shall consist of-

(a) Director-General of Health Service, Ministjr of Health and Family Welfare, ex offlcio, who shall be the Chairperson;

(6) four representatives out of which one each to be elected by the-

( i ) Dental Council of India constituted under section 3 of the Dentists Act, 1948;

4 THE GAzETTI? OF INDIA EXTRAORDINARY [PART II-

(ii) Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956; 102 of 1956

(iii) Nursing Council of India constituted under section 3 of the Indian Nursing Council Act, 1947; 48 of 1947.

(iv) Pharmacy Council of India constituted under section 3 ofthe Pharmacy Act, 1948; 8 of 1948

(c) three representatives to be elected by the Central Council ofIndian Medicine representing the Ayurveda, Siddha and Unani systems of medicine constituted under section 3 of the Indian Medicine Central Council Act, 1970; 48 of 1970

(4 one representative to be elected by the Central Council of Homoeopathy constituted under section 3 of the Homoeopathy Central Council Act, 1973; 59 of 1973.

(e) one representative to be elected by the Central Council ofthe Indian Medical Association;

u> one representative of Bureau of the Indian Sandards constituted under section 3 of the Bureau of Indian Standards Act, 1986; 63 of 1986

(g) two representatives fiom the Zonal Council set-up under section 15 of the States Reorganisation Act, 1956; 37 of 1956.

(h) two representatives fiom the North-Eastern Council set-up under section 3 of the North-Eastern Council Act, 1971 ; 84 of 1971.

(i) one representative from the line of paramedical systems excluding systems that have been given representation under clause (b);

( j ) two representatives fiomNational Level Consumer Group to be nominated by the Central Government;

(k) one representative fiom the Associations of Indian Systems of Medicines relating to Ayurveda, Siddha and Unani to be nominated by the Central Government;

(I) the Secretary-General ofthe Quality Council of India, ex oflccio.

(3) The nominated members of the National Council shall hold office for three years but shall be eligible for re-nomination for maximum of one more term ofthree years.

(4) The elected members of the National Council shall hold office for three years, but shall be eligible for re-election: ,

Provided that the person nominated or elected, as the case may be, shall hold office for such period till he holds appointment of the office by virtue of which he was nominated or elected to the council.

(5) The members of the National Council shall be entitled for such allowances as may be prescribed by the Central Government.

(6) The National Council may, subject to the previous approval of the Central Government, make bye-laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it.

(7) The National Council shall meet at least once in three months.

(8) The National Council may constitute sub-committees and may appoint to such sub-committee, as it deems fit, persons, who are not members of the National Council, for such period, not exceeding two years, for the consideration of particular matters.

(9) The functions of the National Council may be exercised notwithstanding any vacancy therein.

(10) The Central Government shall appoint such person to be the Secretary of the National Council as the Central Government may prescribe, and may provide the National Council with such other secretarial and other staff as the Central Government considers necessary.

SEC. 11 THE GAZEnE OF INDIA EXTRAORDINARY 5

4. A person shall be disqualified for being appointed as a member of the National Disqualifications

Council if he- for appointment

(a) has been convicted and sentenced to imprisonment for an offence which, in as member.

the opinion of the Central Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so declared by a competent court; or

(d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or

(e) has, in the opinion ofthe Central Government, such financial or other interest in the Council as is likely to affect prejudicially the discharge by him ofhis functions as a member.

5. The National Council shall- Functions of National

(a) compile and publish aNational Register of clinical establishments within two Council years from the date of the commencement of this Act;

(b) classify the clinical establishments into different categories;

(c) develop the minimum standards and their periodic review;

(d) determine within a period of two years from its establishment, the first set of standards for ensuring proper healthcare by the clinical establishments;

(e) collect the statistics in respect of clinical establishments;

0) perform any other fbnction determined by the Central Government from time to time.

6. The National Council may associate with itself any person or body whose assistance Power to seek

or advice it may desire in carrying out any of the provisions of this Act. advice or assistance

7. TheNational Council shall follow a consultative process for determining the standards National

and for classification of clinical establishments in accordance with such procedure as may be follow prescribed. consultative process.

CHAPTER 111

REGISTRATION AND STANDARDS FOR CLINICAL ESTABLISHMENTS

8. (1) Every State Government shall by notification constitute a state council for clinical State Council establishments or the Union territory Council for clinical establishments, as the case may be. of clinical

establishments (2) The State Council or the Union territory Council, as the case may be, shall consist

of the following members, namely:-

(a) Secretary, Health - ex oflcio, who shall be the Chairman;

(b) Director of Health Services -ex ofjcio member-secretary;

(c) Directors of different streams of Indian Systems of Medicine-ex officio members;

(d) one representative each to be elected by the executive committee of-

( i ) State Medical Council of India;

(ii) State Dental Council of India;

(iii) State Nursing Council of India;

(iv) State Pharmacy Council of India;

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(e) three representatives to be elected by the Executive of the State Council or the Union territory Council, as the case may be, of Indian Medicine representing the Ayurveda, Siddha and Unani systems of medicine;

(f) one representative to be elected by the State Council of the Indian Medical Association;

(g) one representative from the line of paramedical systems;

(h) two representatives from State level consumer groups or reputed non- Governmental organisations working in the field of health.

(3) The nominated member of the State Council or the Union territory Council, as the case may be, shall hold office for a term ofthree years, but shall be eligible for re-nomination for maximum of one more term of three years.

(4) The elected members ofthe State Council or the Union territory Council, as the case may be, shall hold office for three years, but shall be eligible for re-election:

Provided that the person nominated or elected, as the case may be, shall hold office for so long as he holds the appointment of the office by virtue of which he was nominated or elected to the State Council or the Union territory Council, as the case may be.

(5) The State Council or the Union territory Council shall perform the following finctions, namely:-

(a) compiling and updating the State Registers of clinical establishment;

(6) sending monthly returns for updating the National Register;

(c) representing the State in the National Council;

(d) hearing of appeals against the orders of the authority; and

(e) publication on annual basis a report on the state of implementation of standards within their respective States.

P r o v ~ d ~ n g 9. It shall be the responsibility of the State Council for clinical establishments to ~nformation to Nat~onal compile and update the State Register of clinical establishments of the State and further to CounciI send monthly returns in digital format for updating the National Register.

Authority for 10. (1) The State Government shall, by notification, set-up an authority to be called the registration. district registering authority for each district for registration of clinical establishments, with

the following members, namely:-

(a) District Collector - Chairperson;

(6) District Health Officer - Convenor;

(c) three members with such qualifications and on such terms and conditions as may be prescribed by the Central Government.

(2) Notwithstanding anything contained in sub-section (I), for the purposes of provisional registration of clinical establishments under section 14, the District Health Officer or the Chief Medical Officer (by whatever name called) shall exercise the powers of the authority as per procedure that may be prescribed.

Registration 11. No person shall run a clinical establishment unless it has been duly registered in for clinical accordance with the provisions of this Act. establishments.

Condition for 12. (1) For registration and continuation, every clinical establishment shall fulfil the registrati0n. following conditions, namely:-

( i ) the minimum standards of facilities and services as may be prescribed;

SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 7

(ii) the minimum requirement of personnel as may be prescribed;

(iii) provisions for maintenance of records and reporting as may be prescribed;

(iv) such other conditions as may be prescribed.

(2) The clinical establishment shall undertake to provide within the staff and facilities available, such medical examination and treatment as may be required to stabilise the emergency medical condition of any individual who comes or is brought to such clinical establishment.

13. (1) Clinical establishment of different systems shall be classified into such categories, classification as may be prescribed by the Central Government, from time to time. of clinical

establishments. (2) Different standards may be prescribed for classification of different categories

referred to in sub-section (I):

Provided that in prescribing the standards for clinical establishments, the Central Government shall have regard to the local conditions.

CHAPTER IV

PROCEDURE FOR REGISTRATION

14. (1) For the purposes of registration of the clinical establishment under section 10, Application

an application in the prescribed proforma along with the prescribed fee shall be made to the ~ ~ t ' ~ ~ ~ ~ ~ i ~ '

authority. registration.

(2) The application shall be filed in person or by post or online.

(3) The application shall be made in such form and shall be accompanied by such details as may be prescribed under this Act or rules made thereunder.

(4) If any clinical establishment is in existence at the time of the commencement ofthis Act, an application for its registration shall be made within one year from the date of the commencement of this Act and a clinical establishment which comes into existence after commencement of this Act, shall apply for permanent registration within a period of six months from the date of its establishment.

(5) If any clinical establishment is already registered under any existing law requiring registration of such establishments, even then it shall apply for registration as referred to in sub-section (1).

15. The authority shall, within a period of ten days from the date of receipt of such Provisional application, grant to the applicant a certificate of provisional registration in such form and certificate.

containing such particulars and such information, as may be prescribed.

16. (1) The authority shall not conduct any inquiry prior to the grant of provisional No inquiry registration. prior to

provisional (2) Notwithstanding the grant of the provisional certificate of registration, the authority registration.

shall, within a period of forty-five days from the grant of provisional registration, cause to be published in such manner, as may be prescribed, all particulars of the clinical establishment so registered provisionally.

17. Subject to the provisions of section 23, every provisional registration shall be valid Validity of to the last day ofthe twelfth month from the date of issue of the certificate of registration and provisional

such registration shall be renewable. registration.

18. The certificate shall be kept affixed in a conspicuous place in the clinical Display of establishment in such manner so as to be visible to every one visiting such establishment. ce*ificate

reglstrallon.

19. In case the certificate is lost, destroyed, mutilated or damaged, the authority shall Duplicate issue a duplicate certificate on the request of the clinical establishment and on the payment certificate.

of such fees as may be prescribed.

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Certificate to be non- transferable.

Publication of expiry of registration.

Renewal of registration.

'rime limit for provisional registration.

Application for permanent registration.

Verification of application.

Display of information for filing objections.

Communication of objections.

Standards for permanent registration.

Allowing or disallowing of registration.

20. (1) The certificate of registration shall be non-transferable.

(2) In the event of change of ownership or management, the clinical establishment shall inform the authority of such change in such manner as may be prescribed.

(3) In the event of change of category, or location, or on ceasing to hnction as a clinical establishment, the certificate of registration in respect of such clinical establishment shall be surrendered to the authority and the clinical establishment shall apply afresh for grant of certificate of registration.

2.1. The authority shall cause to be published within such time and in such manner, as may be prescribed, the names of clinical establishments whose registration has expired.

22. The application for renewal of registration shall be made thirty days before the expiry ofthe validity ofthe certificate of provisional registration and, in case the application for renewal is made after the expiry of the provisional registration, the authority shall allow renewal of registration on payment of such enhanced fees, as may be prescribed.

23. Where the clinical establishments in respect ofwhich standards have been notified by the Central Government, provisional registration shall not be granted or renewed beyond,-

( i ) the period of two years from the date of notification of the standards in case of clinical establishments which came into existence before the commencement ofthis Act;

( i i ) the period of two years from the date of notification of the standards for clinical establishments which come into existence after the commencement of this Act but before the notification of the standards; and

(iii) the period of six months fiom the date of notification of standards for clinical establishments which come into existence after standards have been notified.

24. Application for permanent registration by a clinical establishment shall be made to the authority in such form and be accompanied by such. fees, as may be prescribed.

25. The clinical establishment shall submit evidence of having complied with the prescribed minimum standards in such manner, as may be prescribed.

26. As soon as the clincial establishment submits the required evidence of having complied with the prescribed minimum standards, the authority shall cause to be displayed for information ofthe public at large and for filing objections, if any, in such manner, as may be prescribed, all evidence submitted by the clinical establishment of having complied with the prescribed minimum standards for a period of thirty days before processing for grant of permanent registration.

27. If objections are received within the period referred to in the preceding section, such objections shall be communicated to the clinical establishment for response within a period of forty-five days.

28. Permanent registration shall be granted only when a clinical establishment fulfils the prescribed standards for registration by the Central Government.

29. The authority shall pass an order immediately after the expiry of the prescribed period and within the next thirty days thereafter either-

(a ) allowing the application for permanent registration; or

(6) disallowing the application:

Provided that the authority shall record its reasons, if it disallows an application, for permanent registration.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 9

30. ( 1 ) The authority shall, if it, allows an application of the clinical establishment, Certificate of issue a certificate of permanent registration in such form and containing such particulars, as permanent

registration. may be prescribed.

(2 ) The certificate shall be valid for a period of five years from the date of issue.

(3 ) For the purposes of sub-section ( I ) , the provisions of sections 18, 19, 20 and 21 shall also apply.

(4) The applications for renewal of permanent registration shall be made within six months before the expiry of the validity of the certificate of permanent registration and, in case the application of renewal is not submitted within the stipulated period, the authority may allow renewal of registration on payment of such enhanced fees and penalties as may be prescribed.

31. The disallowing of an application for permanent registration shall not debar a Fresh clinical establishment from applying afresh for permanent registration under section 24 and appllcatlon after providing such evidence, as may be required, of having rectified the deficiences on for permanent

reglstratlon which grounds the earlier application was disallowed.

32. (1 ) If, at any time after any clinical establishment has been registered, the authority Cancellation of is satisfied that,- reglstrat~on

(a ) the conditions of the registration are not being complied with; or

(b ) the person entrusted with the management of the clinical establishment has been convicted of an offence punishable under this Act,

it may issue a notice to the clinical establishment to show cause within three months' time as to why its registration under this Act should not be cancelled for the reasons to be mentioned in the notice.

(2 ) If after giving a reasonable opportunity to the clinical establisment, the authority is satisfied that there has been a breach of any of the provisions of this Act or the rules made thereunder, it may, by an order, without prejudice to any other action that it may take against such clinical establishment, cancel its registration.

(3 ) Every order made under sub-section (2) shall take effect-

(a ) where no appeal has been preferred against such order immediately on the expiry of the period prescribed for such appeal; and 1

(6 ) where such appeal has been preferred and it has been dismissed from the date of the order of such dismissal: I

Provided that the authority, after cancellation of registration for reasons to be recorded in writing, may restrain immediately the clinical establishment from carrying on if there is imminent danger to the health and safety of patients.

33. ( 1 ) The authority or an officer authorised by it shall have the right to cause an ~nspect~on of inspection of, or inquiry in respect of any registered clinical establishment, its building, reg'stered

laboratories and equipment and also of the work conducted or done by the clinical ~ ~ ~ ~ ~ h m e n t r establishment, to be made by such multi-member inspection team as it may direct and to cause an inquiry to be made in respect of any other matter connected with the clinical establishment and that establishment shall be entitled to be represented thereat.

(2 ) The authority shall communicate to the clinical establishment the views of that authority with reference to the results of such inspection or inquiry and may, after ascertaining the opinion of the clinical establishment thereon, advise that establishment upon the action to be taken.

I (3 ) The clinical establishment shall report to the authority, the action, if any, which is I I

proposed to be taken or has been taken upon the results of such inspection or inquiry and such report shall be furnished within such time, as the authority may direct.

1

(4) Where the clinical establishment does not, within a reasonable time, take action to I

the satisfaction of the authority, it may, after considering any explanation furnished or

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Power to entcr.

Levy of fee by State Government Appeal.

Register of clinical establishments.

Maintenance of State Register of clinical establishments.

Maitltenallce of National Register of clinical establishments.

Penalty.

representation made by the clinical establishment, issue such directions within such time as indicated in the direction, as that authority deems fit, and the clinical establishment shall comply with such directions.

34. The authority or an officer authorised by it may, if there is any reason to suspect that anyone is carrying on a clinical establishment without registration, enter and search in the manner prescribed, at any reasonable time and the clinical establishment, shall offer reasonable facilities for inspection or inquiry and be entitled to be represented thereat:

Provided that no such person shall enter the clinical establishment without giving notice of his intention to do so.

35. The State Government may charge fees for different categories of clinical establishments, as may be prescribed.

36. (1)Any person, aggrieved by qn order of the registering authority rehsing to grant or renew a certificate of registration or revoking a certificate of registration may, in such manner and within such period as may be prescribed, prefer an appeal to the State Council:

Provided that the State Council may entertain an appeal preferred after the expiry ofthe prescribed period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) Every appeal under sub-section (1) shall be made in such form and be accompanied by such fee as may be prescribed.

CHAPTER V

37. (1) The authority shall within a period oftwo years from its establishment, compile, publish and maintain in digital format a register of clinical establishments, registered by it and it shall enter the particulars of the certificate so issued in a register to be maintained in such form and manner, as may be prescribed by the State Government.

(2) Each authority, including any other authority set-up for the registration of clinical establishments under any other law for the time being in force, shall supply in digital format to the State Council of clinical establishments a copy of every entry made in the register of clinical establishments in such manner, as may be prescribed to ensure that the State Register is constantly up-to-date with the registers maintained by the registering authority in the State.

38. (1) Every State Government shall maintain in digital and in such form and containing such particulars, as may be prescribed by the Central Government a register to be known as the State Register of clinical establishments in respect of clinical establishments of that State.

(2) Every State Government shall supply in digital format to the Central Government, a copy ofthe State Register of clinical establishments and shall inform the Central Government all additions to and other amendments in such register made, for a particular month by the 15th day of the following month.

39. The Central Government shall maintain in digital format an All India Register to be called as theNationa1 Register ofclinical establishments that shall be an amalgam ofthe State Register of clinical establishments maintained by the State Governments and shall cause the same to be published in digital format.

CHAPTER VI

40. Whoever contravenes any provision of this Act shall, if no penalty is provided elsewhere, be punishable for the first offence with fine which may extend to ten thousand

SEC. I ] THE GAZEnE OF INDIA EXTRAORDINARY 11

rupees, for any second offence with fine which may extend to fifty thousand rupees and for any subsequent offence with fine which may extend to five lakh rupees.

41. (1) Whoever carries on a clinical establishment without registration shall, on first Monetary contravention, be liable to a monetary penalty up to fifty thousand rupees, for second pendty for

non- contravention with a monetary penalty which may extend to two lakh rupees registratlo,,,

and for any subsequent contravention with a monetary penalty which may extend to five lakh rupees.

(2) Whoever knowingly serves in a clinical establishment which is not duly registered under this Act, shall be liable to a monetary penalty which may extend to twenty-five thousand rupees.

(3) For the purpose of adjudging under sub-sections (1) and (2), the authority shall hold an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty.

(4) While holding an inquiry the authority shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions specified in sub-sections (1) and (2), it may by order impose the monetary penalty specified in those sub-sections to be deposited within thirty days of the order in the account referred to in sub-section (8) of section 42.

(5) While determining the quantum of monetary penalty, the authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the establishment is situated.

(6) Any person aggrieved by the decision of the authority may prefer an appeal to the State Council within a period of three months from the date of the said decision.

(7) The manner of filing the appeal referred to in sub-section (6) shall be such as may be prescribed.

42. (1) Whoever wilfully disobeys any direction lawfully given by any person or Disobedience authority empowered under this Act to give such direction, or obstructs any person or of direction,

authority in the discharge of any functions which such person or authority is required or ~ ~ ~ t : ~ ~ ~ ~ ~ o f

empowered under this Act to discharge, shall be liable to a monetary penalty which may information, extend to five lakh rupees.

(2) Whoever being required by or under this Act to supply any information wilfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall be liable to a monetary penalty which may extend to five lakh rupees.

(3) For the purpose of adjudging under sub-sections (1) and (2), the authority shall hold an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any monetary penalty.

(4) While holding an inquiry the authority shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has failed to comply with the provisions specified in sub-sections (1) and (2), it may by order impose the monetary penalty specified in those sub-sections to be deposited within thirty days of the order in the account referred to in sub-section (8).

(5) While determining the quantum of monetary penalty, the authority shall take into account the category, size and type of the clinical establishment and local conditions of the area in which the establishment is situated.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(6) Any person aggrieved by the decision of the authority may prefer an appeal to the State Council within a period of three months from the date of the said decision.

(7) The manner of filing the appeal referred to in sub-section (6) shall be such as may be prescribed.

(8) The monetary penalty levied under sections 41 and 42 shall be credited to such account as the State Government may by order speciQ in this behalf.

Penalty for 43. Whoever contravenes any provision of this Act or any rule made thereunder minor resulting in deficiencies that do not pose any imminent danger to the health and safety of deficienc~es. any patient and can be rectified within a reasonable time, shall be punishable with fine which

may extend to ten thousand rupees.

Contravention 44. (1) Where a person committing contravention of any of the provisions of this Act by companies. or of any rule made thereunder is a company, every person who, at the time the contravention

was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to fine:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention.

(2) Notwithstanding anything contained in sub-section (I), where a contravention of any of the provisions of this Act or of any rule made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other oKicer ofthe company, such director, manager, secretary or other officer shall also be deemed to be guilty of that contravention and shall be liable to fine.

Explanation.-For the purpose of this section,-

(a) "company" means a body corporate and includes a firm or other association of individuals; and

(6 ) "director", in relation to a firm, means a partner in the firm.

Offences by 45. (1) Where an offence under this Act has been committed by any Department of Government Government within a period of six months after the commencement of this Act, the Head of Departments. the Department shall be deemed to be guilty ofthe offence and shall be liable to be proceeded

against and punished accordingly:

Provided that nothing contained in this section shall render such Head ofthe Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), where an offence under this Act has been committed by a Department of 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 also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Recovery o r 46. Whoever fails to pay the fine, the State Council of clinical establishment may fine. prepare a certificate signed by an officer authorised by it speciQing the fine due from such

person and send it to the Collector of the District in which such person owns any property or resides or carries on his business and the said Collector, on receipt of such certificate, shall proceed to recover from such person the amount specified thereunder, as if it were an arrear of land revenue.

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 13

CHAPTER W

47. (1 ) No suit, prosecution or other legal proceedings shall lie against any authority Protectiol> of or any member of the National Council or State Council or any officer authorised in this action taken behalf in respect of anything, which is in good faith done or intended to be done in pursuance in faith.

of the provisions of this Act or any rule made thereunder.

(2 ) No suit or other legal proceedings shall lie against a State Government or the Central Government in respect of any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule made thereunder.

48. Every clinical establishment shall, within such time or within such extended time, Furnishing O F

as may be prescribed in that behalf, furnish to the authority or the State Council or the returns. etc.

National Council such returns or the statistics and other information in such manner, as may be prescribed by the State Government, from time to time.

49. Without prejudice to the foregoing provisions of this Act, the authority shall have rower to give the power to issue such directions, including furnishing returns, statistics and other directions. information for the proper functioning of clinical establishments and such directions shall be binding.

50. Every employee ofthe authority, the National Council and the State Council shall Employees of be deemed to, when acting or purporting to act in pursuance of any of the provisions of this the authority,

etc., to be 45 of 1860. Act, be public servants within the meaning of section 21 of the Indian Penal Code. public servants

51. (1 ) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may, by order published in the Official Gazette, make such provisions not remove

inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal ofthe difficulty:

Provided that no such order shall be made after the expiry of a period oftwo years from the date of commencement of this Act.

(2 ) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

52. (1 ) The Central Government may, by notification, make rules for carrying out all or Power of any of the provisions of this Act. Central

Government (2 ) In particular and without prejudice to the generality of the foregoing power, such to make rules.

rules may provide for all or any ofthe following matters, namely:-

(u) allowances forthe members of the National Council under sub-section (5) of section 3;

(b) appointment of such person to be the Secretary of the State Council by the Central Government under sub-section (10) of section 3;

(c) the determination of standards and for classification of clinical establishments under section 7;

(9 the qualification and the terms and conditions for the members ofthe authority under clause (c) of sub-section ( I ) of section 10;

(e) the procedure under which the powers of the authority may be exercised by the District Health Officer or Chief Medical Officer for the purpose of provisional registration of clinical establishment under sub-section (2 ) of section 10;

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Ct) the minimum standards of facilities and services under clause (i) of sub- section (1) of section 12;

(g) the minimum number of personnel under clause (ii) of sub-section (I) of section 12;

(h) the maintenance of records and reporting by the clinical establishment under clause (iii) of sub-section (1) of section 12;

(i) other conditions for registration and continuation of clinical establishment under clause (iv) of sub-section (1) of section 12;

(i) classification of clinical establishment under sub-section (1) of section 13;

(k) the different standards for classification of clinical establishments under sub-section (2) of section 13;

(I) the minimum standards for permanent registration under section 28;

(m) the form and particulars to be contained in the register to be maintained under section 38.

Laying of rules. 53. Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power of State 54. (1) The State Government may, by notification, make rules for carrying out in Government to respect of matters which do not fall within the purview of section 52. make rules.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any ofthe following matters, namely:-

(a) the proforma and the fee to be paid for registration under sub-section (I) of section 14;

(b) the form and details of application under sub-section (3) of section 14;

(c) the particulars and information contained in certificate of provisional registration under section 15;

(4 the manner of publication of all particulars of the clinical establishments proposed to be registered under sub-section (2) of section 16;

(e) the fees to be paid to issue a duplicate certificate under section 19;

Ct) the change of ownership or management to be informed by the clinical establishment to the authority under sub-section (2) of section 20;

(g) the manner in which the authority shall publish the names of the clinical establishments whose registration expired under section 21 ;

(h) the enhanced fees to be charged for renewal after expiry of the provisional registration under section 22;

(i) the form of the application and fees to be charged by the State Government under section 24;

(i) the manner of submitting evidence of the clinical establishments having complied with the minimum standards under section 25;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 15

(k) the manner of displaying information of the clinical establishments having complied with the minimum standards for filing objection under section 26;

(I) the expiry of period specified in section 29;

(m) the form and particulars of the certificate of registration under section 30;

(n) the period within which an appeal shall be preferred under clause (a) of sub-section (3) of section 32;

(0) the manner of entry and search of clinical establishment under section 34;

(p) the fees to be charged by the State Government for different categories of clinical establishments under section 35;

(q) the manner and the period within which an appeal may be preferred to the State Council under sub-section ( I ) of section 36;

(r) the form and the fee to be paid for an appeal under sub-section (2) of section 36;

(s) the form and the manner in which the register to be maintained under sub-section (I) of section 37;

(t) the manner of supply to the State Council in digital format the entry made in the register of clinical establishment under sub-section (2 ) of section 37;

(u) the manner of holding an inquiry by the authority under sub-section (3 ) of sections 4 1 and 42;

(v) the manner of filing the appeal under sub-section (7) of sections 41 and 42;

(w) the manner and the time within which the information is to be furnished to the authority or the State Council or the National Council as the case may be, under section 48;

(x) any other matter which is required to be or may be prescribed by the State Government.

55. Every rule made by the State Government under this section shall be laid, as soon Laying of as may be after it is made, before each House of the State Legislature where it consists oftwo rules

Houses, or where such Legislature consists of one House, before that House.

56. ( I ) The provisions of this Act shall not apply to the States in which the enactments Savings. specified in the Schedule are applicable:

Provided that the States in which the enactments referred to in sub-section ( I ) are applicable, and such States subsequent to the commencement of this Act, adopts this Act under clause (1) of article 252 of the Constitution, the provisions ofthis Act shall, subsequent to such adoption, apply in that State.

(2) The Central Government may, as and when consider necessary, by notification amend the Schedule.

L

16 THE GAZETTE OF INDIA EXTRAORDINARY [ Part 11-Sec. J ]

THE SCHEDULE

[See section 561

1. The Andhra Pradesh Private Medical Care Establishments (Registration and Regulation) Act, 2002.

2. The Bombay Nursing Homes Registration Act, 1949

3. The Delhi Nursing Homes Registration Act, 1953.

4. The Madhya Pradesh Upcharya Griha Tatha Rujopchar Sanbabdu Sthapamaue (Ragistrikaran Tatha Anugyapan) Adhiniyam, 1 973.

5. The Manipur Homes and Clinics Registration Act, 1992.

6. The Nagaland Health Care Establishments Act, 1997.

7. The Orissa Clinical Establishments (Control and Regulation) Act, 1990.

8. The Punjab State Nursing Home Registration Act, 199 1.

9. The West Bengal Clinical EstablishmentsAct, 1950.

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELlll AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

TbF$ 'fin 3" ~ ~ ( ~ ; 1 ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-I 0

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PART I1 - Section 1 ~ - i r ~

PUBLISHED BY AUTHORITY -

'fi" 321 ;ff m, e m , 3mFil19, 20101 WWl28, 1932 No. 32) NEW DELHI, THURSDAY, AUGUST 19,2010 1 SRAVANA28,1932

w g n $ W p a a ~ i f ~ b ~ f $ ; q m ~ ~ w $ w . l i n ~ ~ Separate paging is given to this Part in order that it niay be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New De lhi, the August 19,20 1 O/Sravana 28,1932 (Saka)

The following Act of Parliament received the assent of the President on the 18th August, 2010, and is hereby published for general information:-

THE INDUSTRIAL DISPUTES (AMENDNENT) ACT, 20 10

No. 24 OF 20 10 [18th August, 20 10 .]

An Act hrther to amend the Industrial Disputes Act, 1947.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. ( I ) This Act may be called the Industrial Disputes (Amendment) Act, 2010. Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

14 of 1947. 2. In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), in Amendment of

section 2,- section 2.

( i ) in clause (a),-

(a) in sub-clause (i), for the words " major port, the Central Government, and", the words "major port, any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonoinous bodies owned or controlled by the Central Government, the Central Government, and" shall be substituted;

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(b) for sub-clause (ii), the following sub-clause shall be substituted, namely:-

"(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government: Provided that in case of a dispute between a contractor and the contract

labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.";

(ii) in clause (s), in sub-clause (iv), for the words "one thousand six hundred rupees", the words "ten thousand rupees" shall be substituted.

Amendment of 3. Section 2A of the principal Act shall be numbered as sub-section (I) thereof and 2A. after sub-section (I) as so numbered, the following sub-sections shall be inserted, namely:-

"(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (I) may, make an application direct to the Labour Court or Tribunal for adjudication ofthe dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation ofthe dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relatian to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.

(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry ofthree years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (I).".

Amendment of 4. In section 7 of the p r i n ~ i ~ a l ~ c t , in sub-section (3), after clause (e) , the following 7. clauses shall be inserted, namely:-

"(#) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns fiom the service ofthe Central Government or State Government, as the case may be, before being appointed as the presiding officer; or

(g) he is an officer of Indian Legal Service in Grade In with three years' experience in the grade.".

Amendment of 5. In section 7Aofthe principal Act, in sub-section (3), after clause (aa), the following section 7A, clauses shall be inserted, namely:-

"(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department,,having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns fiom the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or

(c) he is an officer of Indian Legal Service in Grade 111 with three years' experience in the grade.".

6 . After section 9B ofthe principal Act, for Chapter IIB, the following Chapter shall Substitution of be substituted, namely:- new Chapter

for Chapter

"CHAPTER IIB IIB.

9C. ( I ) Every industrial establishment employing twenty or more workmen shall Setting UP of Grievance have one or more Grievance Redressal Committee for the resolution of disputes arising Redrcssal

out of individual grievances. ' Machinery.

(2) The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen.

(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year.

(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:

Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately.

(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act.

(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party.

(7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned.

(8) Nothing contained in this section shall apply to the workmen for whom there Amendment of is an established Grievance Redressal Mechanism in the establishment concerned.". section 11.

7. In section 11 of the principal Act, after sub-section (8), the following sub-sections shall be inserted, namely:-

"(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order

5 of 1908. 21 ofthe Code ofcivil Procedure, 1908.

(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.".

8. In section 38 of the principal Act, in sub-section (2),--

( i ) clause (ab) shall be omitted;

(ii) for clause (c) , the following c l a~~se shall be substituted, namely:-

"(c) the salaries and allowances and the terms and conditions for appointment of the presiding officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible to members of Courts, Boards and to assessors and witnesses;".

V.K. BHASIN, Secy. to the Govl; ofIndia.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLlSHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

Amendment of section 38.

d%@ 'Fio a0 to-(~;1)04/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003-10

mm ExTRAOmmARY

olTrl 11-WS 1 PART ll - Section 1 YI-rm*mmi

PUBLISHED BY AUTHORITY

Ti0 3331 ;Fif m, m, WiM 20, 20101 29, 1932 No. 331 NEW DELHI, FRIDAY, AUGUST 20,2010 I SRAVANA 29,1932

~ o r m 4 f o n ~ - f i @ ; r r i t m B m % w m ~ d ; ~ 4 w w i l T l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, August 20,20 1 O/Sravana 29,1932 (Saka)

The following Act of Parliament received the assent of the President on the 19th August, 201 0, and is hereby published for general information:-

THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 20 10

No. 25 OF 2010

An Act to amend the Foreign Trade (Development and Regulation) Act, 1992.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. (1) This Act may be called the Foreign Trade (Development and Regulation) Short title and

Amendment Act, 20 10. commence- ment.

(2) 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 provision.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- I

Amendment 2. In section 2 ofthe Foreign Trade (Development and Regulation)Act, 1992 (hereinafter 22 of I 992. of section 2. referred to as the principal Act),-

(a) for clause (e), the following shall be substituted, namely:-

'(e) "import" and "export" means,-

(1) in relation to goods, bringing into, or taking out of, India any goods by land, sea or air;

(II) in relation to services or technology,-

(i) supplying, services or technology-

( A ) from the territory of another country into the territory of India;

(B) in the territory of another country to an Indian service consumer;

(C) by a service supplier of another country, through commercial presence in India;

(D) by a service supplier of another country, through presence of their natural persons in India;

(ii) supplying, services or technology-

( A ) from India into the territory of any other country;

(B) in India to the service consumer ofany other country;

(C) by a service supplier of India, through commercial presence in the territory of any other country;

(D) by a service supplier of India, through presence of Indian natural persons in the territory of any other country:

Provided that "import" and "export" in relation to the goods, services and technology regarding Special Economic Zone or between two Special Economic Zones shall be governed in accordance with the provisions contained in the Special Economic Zones Act, 2005.'; 28 of 200s

(b) after clause (i), the following clauses shall be inserted, namely:-

'(j) "services" means service of any description which is made available to potential users and includes all the tradable services specified under the General Agreement on Trade in Services entered into amongst India and other countries who are party to the said Agreement:

Provided that, this definition shall not apply to the domain of taxation;

(k) "service supplier" means any person who supplies a service and who intends to take benefit under the foreign trade policy;

(I) "specified goods or services or technology" means the goods or services or technology, the export, import, transfer, re-transfer, transit and trans- shipment ofwhich is prohibited or restricted because of imposition of conditions on the grounds oftheir being pertinent or relevant to India as aNuclear Weapon State, or to the national security of India, or to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, convenant, convention or arrangement relating to weapons of mass destruction or their means of delivery to which India is a party or its agreement with a foreign country under the foreign trade policy formulated and notified under section 5 of the Act;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY - 3

-- -

(m) "technology" means any information (including information embodied in software), other than information in the public domain, that is car2ble of being used in-

(i) the development, production or use of any goods or software;

(ii) the development of, or the carrying out of, an industrial or commercial activity or the provision of service of any kind.

Explanation.- For the purpose of this clause--

(a) when technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used in the development, production or use of such technology or goods;

\ (b) "public domain" shall have the same meaning as assigned to it

in clause (i) of section 4 of the Weapons of Mass Destruction and their I

21 of 2005. Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.'.

3. In the principal Act, in sub-heading below "Chapter 11", for the words "EXPORT Am e n d m e 11 t

AND IMPORT POLICY", the words "FOREIGNTRADE POLICY" shall be substituted. of title

I Chapter I1 4. In section 3 of the principal Act,--

(a) in sub-section (2),--

Amendment of section 3 .

1 (i) for the words "import or export of goods", the words "import or export of goods or services or technology" shall be substituted;

(ii) after sub-section (2), the following proviso shall be inserted, namely:-

"Provided that the provisions of this sub-section shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefits under the foreign trade policy or is dealing with specified services or specified technologies.".

(b) after sub-section (3), the following sub-section shall be inserted, namely:-

"(4) without prejudice to anything contained in any other law, rule, regulation, notification or order, no permit or licence shall be necessary for import or export of any goods, nor any goods shall be prohibited for import or export except, as may be required under this Act, or rules or orders made thereunder.".

5. For section 5 of the principal Act, the following section shall be substituted, Substitution

namely:- of new section for section 5.

"5. The Central Government may, from time to time, formulate and announce, by Foreign Trade

notification in the Official Gazette, the foreign trade policy and may also, in like manner, amend that policy:

Provided that the Central Government may direct that, in respect of the Special Economic Zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in the Official Gazette.".

6. In section 6 ofthe principal Act, in sub-section (2), for the words "export and import Amendment

policy", the words "foreign trade policy" shall be substituted. of section 6.

7. In section 7 ofthe principalAct, the following proviso shall be inserted, namely:-- Amendment of sect~on 7

"Provided that in case of import or export of services or technology, the Importer- exporter Code Number shall be necessary only when the service or technology provider is taking benefits under the foreign trade policy or is dealing with specified services or specified technologies.".

4 THE GAZETTE OF INDIA EXTRAORDINARY IP ART I I-

Amendment 8. In section 8 of the principal Act,- of section 8

(A) for sub-section (I), the following sub-section shall be substituted, namely:-

"(1) Where-

(a) any person has contravened any of the provisions of this Act or any rules or orders riiade thereunder or the foreign trade policy or any other law for the time being in force relating to Central excise or customs or foreign exchange or has committed any other economic offence under any other law for the time being in force as may be specified by the Central Government by notification in the Official Gazette; or

(6) the Director General or any other officer authorised by him has reason to believe that any person has made an export or import in a manner prejudicial to the trade relations of India with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of, or services or technology provided from, the country; or

(c) any person who imports or exports specified goods or services or technology, in contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy,

the Director General or any other officer authorised by himlmay call for the record or any other information from that person and may, after giving to that person a notice in writing informing him ofthe grounds on which it is proposed to suspend or cancel the Importer-exporter Code Number and after giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard, suspend for a period, as may be specified in the order, or cancel the Importer-exporter Code Number granted to that person.";

(B) in sub-section (2), for the words "import or export any goods", the words "import or export any goods or services or technology" stiall be substituted.

Amendment 9. In section 9 of the principal Act,- of section 9. (a) in sub-sections ( I ) , (3), (4) and (5 ) , for the word "licence", wherever it

occurs, the words "licence, certificate, scrip or any instrument bestowing financial or fiscal benefits" shall be substituted;

(6 ) for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) The Director General or an officer authorised by him may, on an application and after making such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import or export such class or classes of goods or services or technology as may be prescribed and, grant or renew or refuse to grant or renew a certificate, scrip or any instrument bestowing financial or fiscal benefit, after recording in writing his reasons for such refusal.".

Insertion of new Chapter IIIA.

Power of Central Government to impose quantitative restrictions.

10. After Chapter 111 of the principal Act, the following Chapter shall be inserted, namely:-

'CHAPTER IIIA

9A. ( I ) If the Central Government, after conducting such enquiry as it deems fit, is satisfied that any goods are imported into India in such increased quantities and under such conditions as to cause or threaten to cause serious injury to domestic industry, it may, by notification in the Official Gazette, impose such quantitative restrictions on the import of such goods as it may deem fit:

'Provided that no such quantitative restrictions shall be imposed on any goods originating from a developing country so long as the share of imports of such goods from that country does not exceed three per cent. or where such goods originate from

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5

more than one developing country, then, so long as the aggregate of the imports from all such countries taken together does not exceed nine per cent. of the total imports of such goods into India.

(2) The quantitative restrictions imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such imposition:

Provided that if the Central Government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the quantitative restrictioils should continue to be imposed to prevent such injury or threat and to facilitate the adjustments, it may extend the said period beyond four years:

Provided further that in no case the quantitative restrictions shall continue to be imposed beyond a period of ten years from the date on which such restrictions were first imposed.

(3) The Central Government may, by rules provide for the manner in which goods, the import of which shall be subject to quantitative restrictions under this section, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined.

(4) For the purposes of this section-

(a) "developing country" means a country notified by the Central Government in the Official Gazette, in this regard;

(b) "domestic industry" means the producers of goods (including producers of agricultural goods)-

( i ) as a whole of the like goods or directly competitive goods in India; or

( i i ) whose collective output of the like goods or directly competitive goods in India constitutes a major share of the total production of the said goods in India;

(c) "serious injury" means an injury causing significant overall impairment in the position of a domestic industry;

(4 "threat of serious injury" means a clear and imminent danger of serious injury.'.

11. In section 10 of the principal Act, for sub-section (I), the following sub-section Amendment shall be substituted, namely:- of sect~on 10.

"(I) The Central Government may, by notification in the OWcial Gazette, authorise any person for the purposes of exercising such powers with respect to,-

(a) entering such premises where the goods are kept, stored or p-rocessed, manufactured, traded or supplied or received for the purposes of import or export and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of goods;

(b) entering such premises from which the services or technology are being provided, supplied, received, consumed or utilised and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of services and technology,

subject to such requirements and conditions and with the approval of such officer, as may be prescribed:

Provided that the provisions of clause (b) shall be applicable, in case of import of export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Subsitution of new section for section 11

Contravention of provisions of this Act, rules, orders and fore~gn trade policy.

12. For section I I of the principal Act, the following section shall be substituted, namely:-

11. ( I ) No export or import shall be made by any person except in accordance with the provisions of this Act, the rules and orders made thereunder and the foreign trade policy for the time being in force.

(2) Where any person makes or abets or attempts to make any export or import in contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy, he shall be liable to a penalty ofnot less than ten thousand rupees and not more than five times the value of the goods or services or technology in respect of which any contravention is made or attempted to be made, whichever is more.

(3) Where any person signs or uses, or causes to be made, signed or used, any declaration, statement or document submitted to the Director General or any officer ,authorised by him under this Act, knowing or having reason to believe that such declaration, statement or document is forged or tampered with or false in any material particular, he shall be liable to a penalty of not less than ten thousand rupees or more than five times the value of the goods or services or technology in respect of which such declaration, statement or document had been submitted, whichever is more.

(4) Where any person, on a notice to him by the adjudicating Authority, admits any contravention, the Adjudicating Authority may, in such class or classes or cases and in such manner as may be prescribed, determine, by way of settlement, an amount to be paid by that person.

(5) A penalty imposed under this Act may, if it is not paid by any person, be recovered by ally one or more of the following modes, namely:-

(a) the Director General may deduct or require any officer subordinate to him to deduct the amount payable under this Act from any money owing to such person which may be under the control of such officer; or

(6) the Director General may require any officer of customs to deduct the amount payable under this Act from any money owing to such person which may be under the control of such officer of customs, as if the said amount is payable under the Customs Act, 1962; or 52 of 1962.

(c) the Director General may require the Assistant Commissioner of Customs or Deputy Commissioner of Customs or any other officer of Customs to recover the amount so payable by detaining or selling any goods (including the goods connected with services or technology) belonging to such person which are under the control of the Assistant Commissioner of Customs or Deputy Commissioner or Customs or any other officer of Customs, as if the said amount is payable under the Customs Act, 1962; or 52 of 1962.

(4 if the amount cannot be recovered from such person in the manner provided in clauses (a), (6) and (c),-

(i) the Director General or any officer authorised by him may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the District in which such person owns any property or resides or carries on business and the said Collector on receipt of such certificate shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue; or

(ii) the Director General or any officer authorised by him (including an officer of Customs who shall then exercise his powers under the Customs Act, 1962) and in accordance with the rules made in this behalf, 52 of 1962

detain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid, as ifthe said amount is payable under the Customs Act, 1962; and in

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 7

case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and costs including cost of sale remaining unpaid and shall render the surplus, if any to such person.

(6) Where the terms of any bond or other instrument executed under this Act or any rules made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in sub-section (9, the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub-section.

(7) without prejudice to the provisions contained in this section, the Importer- Exporter Code Number of any person who fails to pay any penalty imposed under this Act, may be suspended by the Adjudicating Authority till the penalty is paid or recovered, as the case may be.

(8) Where any contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy has been, is being, or is attempted to be, made, the goods (including the goods connected with services or technology) together with any package, covering or receptacle and any conveyances shall, subject to such conditions and requirements as may be prescribed, be liable to confiscation by the Adjudicating Authority.

(9) The goods (includiyg the goods connected with services or technology) or the conveyance confiscated under sub-section (8) may be released by the Adjudicating Authority, in such manner and subject to such conditions as may be prescribed, on payment by the person concerned of the redemption charges equivalent to the market value of the goods or conveyance, as the case may be."

13. After section 11 of the principal Act, the following sections shall be inserted, Insertion of

namely:-- new sectlons 11A and l1B.

"I 1A. All sums realised by way of penalties under this Act shall be credited to Crediting sums

the Consolidated Fund of India. real~sed by way of penalties in Consolidated Fund of India.

1 1B. Settlement of customs duty and interest thereon as ordered by the Settlement Empowering

I of 1944 Commission as constituted under section 32 of the Central Excise Act, 1944, shall be :::::An deemed to be a settlement under this Act.". for regularisa-

tion of export obligation default

14. In section 14 of the principal Act, for the word "goods" at both the places where Amendment

it occurs, the words and brackets "goods (including the goods connected with services or Sect'0n l 4

technology)" shall be substituted.

15. After Chapter IV ofthe principal Act, following Chapter shall be inserted, namely:- Insertion of a new Chapter

"CHAPTER IVA IVA.

CONTROLS ON EXPORT OF SPECIFIED GOODS, SERVICES AND TECHNOLOGY

14A. (I) In regard to controls on export of specified goods, services and Controls on

technology referred to in this Chapter, the Weapons of Mass Destruction and their z ; ~ ~ : : ~ : ~ 21 of 2005. Delivery Systems (Prohibition of Unlawhl Activities) Act, 2005 shall apply to exports, goods, services

transfers, re-transfers, brought in transit, trans-shipment of, and brokering in specified and techno-

goods, technology or services. logy

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

(2) All terms, expressions or provisions of the Weapons of Mass Destruction and their Delivery Systems (Prohibition ofUnlawhlActivities)Act, 2005 shall apply 2 1 2005 to the specified goods, services or technology with such exceptions, modifications and adaptations as may be specified by the Central Government by notification in the Oficial Gazette.

(3) The Central Government may, by notification in the Official Gazette, direct that any of the provisions of this Chapter-

(a) shall- not apply to any goods, services or technologies, or

(6) shall apply to any goods, services or technologies with such exceptions, modifications and adaptations as may be specified in the notification.

Transfer 14B. (1) 'The Central Government may, by notification in the Official Gazette, controls. make rules in conformity with the provisions of the Weapons of Mass Destruction

and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 for, or, in 21 of 2005.

connection with, the imposition of controls in relation to transfer of specified goods, services or technology.

(2) No goods, services or technology notified under this Chapter shall be exported, transferred, re-transferred, brought in transit or transshipped except in accordance with the provisions of this Act, the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawhl Activities) Act, 2005 or any other 2 1 of 2005. relevant Act.

Catch-all 14C. No person shall export any material, equipment or technology knowing controls. that such material, equipment or technology is intended to be used in the design or

manufacture ofa biological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their missile delivery systems.

Suspens~on or 14D. The Director General or an officer authorised by him may, by order, suspend cancellation or cancel a licence to import of export or specified goods or services or technology of a licence. without giving the holder of the licence a reasonable opportunity of being heard but

such person shall be given a reasonable opportunity of being heard within six months of such order and thereupon the Director General or the officer so authorised may, if necessary, by order in writing, confirm, modify or revoke such order.

Offences and 14E. (1) In case of a contravention relating to specified goods, services or penalties. technologies, the penalty shall be in accordance with the provisions of the Weapons

of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. 21 of 2005.

(2) Where any person contravenes or attempts to contravene or abets, any of the provision(s) of this Chapter in relation to import or export of any specified goods or services or technology, he shall, without prejudice to any penalty which may be imposed on him, be punishable with imprisonment for a term stipulated in the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. 21 of 2005.

(3) No court shall take cognizance of any offence punishable under this Chapter without the previous sanction of the Central Government or any officer authorised in this behalf by the Central Government by general or special order.".

Amendment 16. In the principal Act, in sub-heading below "CHAPTER V", for the word of title of "REVISION", the word "REVIEW shall be substituted. Chapter V.

Amendment 17. In section 15 ofthe principal Act, in sub-section (Z), in the proviso, for the word section 15. "goods", the words and brackets "the goods (including the goods connected with services

or technology)" shall be substituted.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 9

18. For section 16 of the principal Act, the following shall be substituted, namely:-

16. "The Central Government, in the case of any decision or order made by the Director General, or the Director General in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding, for the purpose of satisfying itself or himself. as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit:

Provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person-

(a) has, within a period of two years from the date of such decision or order, received a notice to showcause why such decision or order shall not be varied; and

(b) has been given a reasonable opportunity of making representation and, if he so desires, of being heard in his defence.".

19. In section 17 of the principal Act, for the word "Revision" wherever it occurs, the word "Review" shall be substituted.

20. After section 18 of the principal Act, the following shall be inserted, namely:-

Substitution of new section for section 16.

Review.

Amendment of section 17.

Insertion of new section 18A.

"1 8A. The provisions of this Act shall be in addition to, and not in derogation Application of of, the provisions of any other law for the time being in force.". other laws not

barred.

21. In section 19 of the principal Act, in sub-section (2), - Amendment

(a) in clause (b), for the word "licence", the words "licence, certificate, scrip or Of Section 1 9 . any instrument bestowing financial or fiscal benefits" shall be substituted;

(b) for clause (c), the following clause shall be substituted, namely:- "(c) the class or classes of goods (including the goods connected with service

or technology) for which a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be granted under sub-section (2) of section 9;"; (c) in clauses (6) and (e), for the word "licence", the words "licence, certificate,

scrip or any instrument bestowing financial or fiscal benefits" shali be substituted; (6) after clause (e), the following clause shall be inserted, namely:-

"(ea) the matter in which goods the import of which shall be subject to quantitative restrictions, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined under sub-section (3) of section 9A;"; (e) in clause (n, for the word "goods", the words and brackets "goods (including

the goods connected with the service or technology)" shall be substituted; (I) in clause (g), for the words, brackets and figures "sub-section (3) of section 1 l",

the words, brackets and figures "sub-section (4) ofthe section 11" shall be substituted; (g ) for clause (h), the following clause shall be substituted, namely:-

"(h) the requirements and conditions subject to which goods (including the goods connected with the service or technology) and conveyances shall be liable to confiscation under sub-section (8) of section 11 ;"; (h) for clause (i), the following clause shall be substituted, namely:-

"(4 the manner in which and the conditions subject to which goods (including the goods connected with the service or technology) and conveyances may be released on payment of redemption charges under sub-section (9) of section 1 1 .".

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD. NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2010.

TfiilTZ uo 3%' ~ 0 _ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - l ~ REGISTERED NO. DL-(N)OJ/0007/2003-10

mw m o R D I N m l 1

nim 11-ws 1 PART I1 - Section 1 flm*m

PUBLISHED BY AUTHORITY

Ti0 3441 m, h, WTR 23, 20101 OTIS; 1, 1932 No. 341 NEW DELHI, MONDAY, AUGUST 23,2010 / BHADRA 1,1932

~ o r m 3 m ~ ~ i t ~ % ~ ~ ~ m ~ * ; i : 3 ~ ~ * 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, August 23, 20 1 O/Bhadra 1 , 1932 (Saka)

The following Act of Parliament received the assent of the President on the 20th August, 2010, and is hereby published for general information:-

THE SECURITIES AND INSURANCE LAWS (AMENDMENT AlVD VALIDATION) ACT, 20 10

(No. 26 OF 20 10)

[20th August, 20 10.1

An Act further to amend the Reserve Bank of India Act, 1934, the Insurance Act, 1938, the Securities Contracts (Regulation) Act, 1956 and the Securities and Exchange Board of India Act, 1992.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

CHAPTER I

1. (I) ThisAct may be called the Securities and Insurance Laws (Amendment and Short tltle

Validation)Act, 20 10. and commence~nent

(2) It shall be deemed to have come into force on the 18th day of June, 20 10.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

CHAPTER I1

Insert ion o f 2. After Chapter IIID of the Reserve Bank of India Act, 1934, the following Chapter new Chapter shall be inserted, namely:- l l l E in A c t 2

"CHAPTER IIIE

Joint 45Y. (I) Notwithstanding anything contained in this Act or the Securities Mechanism. and Exchange Board of India Act, 1992 or any other law for the time being in force, I5 of 1992.

if any difference of opinion arises as to whether-

(i) any instrument, being derivative referred to in clause (a) or money market instrument referred to in clause (b) or rep0 referred to in clause (c) or reverse rep0 referred to in clause (4 or securities referred to in clause (e) of section 45U of this Act; or

(ii) any instrument, being policy of life insurance under the Insurance Act, 1938, or the rules or regulations made thereunder, or, scrips or any 4 of 1938 other securities referred to in sub-clauses (i), (ia), (ib), (ic), (id), (ie), (ii), (iia) and (iii) ofclause (h) of section 2 ofthe Securities Contracts (Regulation) Act, 1956, 42 o f 1956

is hybrid or composite instrument, having a component of money market investment or securities market instrument or a component of insurance or any other instrument referred to in clause (i) or clause (ii) and falls within the jurisdiction ofthe Reserve Bank of India or the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 or the Insurance Regulatory and Development Authority established 15 o f 1992. under section 3 of the Insurance Regulatory and Development Authority Act, 1999 or the Pension Fund Regulatory and Development Authority constituted 4 1 of 1999 by the Resolution of the Government of India number F.No. 1(6)2007-PR, dated the 14th November, 2008, such difference of opinion shall be referred to a Joint Committee consisting of the following, namely:-

(a) the Union Finance Minister - ex officio Chairperson;

(b) the overn nor, Reserve Bank of India - ex oficio Vice-Chairperson;

(c) the Secretary, Department of Economic Affairs in the Ministry of Finance, Government of India -ex officio Member;

(6) the Secretary, Department of Financial Services in the Ministry of Finance, Government of India - ex officio Member;

'(e) the Chairperson, Insurance Regulatory and Development Authority - ex officio Member;

(I) the Chairman, Securities and Exchange Board of India - ex officio Member;

(g) the Chairperson, Pension Fund Regulatory and Development Authority - ex officio Member.

(2) The Secretary, Department of Financial Services in the Ministry of Finance, Government of India shall be the convener of the meetings of the Joint Committee referred to in sub-section (I).

(3) In case of any difference of opinion referred to in sub-section ( I ) , any .

Member of the Joint Committee referred to in clauses (b), (e), CI) or (g) of that sub- section may make a reference to the Joint committee.

SEC. I ] THE GAZE'ITE OF INDIA EXTRAORDINARY 3

(4) The Joint Committee shall follow such procedure as it may consider expedient and give, within a period of three months from the date of reference made under sub-section (3), its decisions thereon to the Central Government.

(5) The decision of the Joint Committee shall be binding on the Reserve Bank of India, the Securities and Exchange Board of India, the Insurance Regulatory and Development Authority and the Pension Fund Regulatory and Development Authority.".

CHAPTER 111

3. In the Insurance Act, 1938, in section 2, after clause (II), the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 9th day ofApril, 201 0, namely:-

'Explanation.- For the removal of doubts, it is hereby declared that "life insurance business" shall include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a component of investment and a component of insurance issued by an insurer referred to in clause (9) of this section.'.

CHAPTER IV

4. In the Securities Contracts (Regulation) Act, 1956, in section 2, in clause (h), after sub-clause (id), the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 9th day ofApril, 2010, namely:-

'Explanation.- For the removal of doubts, it is hereby declared that "securities" shall not include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a combined benefit risk on the life of the persons and investment by such persons and issued

4 o f 1938. by an insurer referred to in clause (9) of section 2 of the Insurance Act, 1938.'.

CHAPTER V

5. In the Securities and Exchange Board of India Act, 1992, in section 12, in sub- section (IB), the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 9th day ofApril, 2010, namely:-

Amendment o f section 2 o f Act 4 o f 1938.

Amendment o f section 2 o f Act 42 o f 1956.

Amendment o f section 12 o f Act 15 o f 1992.

"Explanation.-- For the removal of doubts, it is hereby declared that, for the purposes of this section, a collective investment scheme or mutual fund shall not include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a component of investment besides the component of insurance issued by an insurer.".

CHAPTER VI

6. Notwithstanding anything contained in any judgment, decree or order of any Validation 4 o f 1938. court, tribunal or other authority, the provisions of section 2 of the Insurance Act, 1938 42 of 1956 or section 2 of the Securities Contracts (Regulation) Act, 1956 or section 12 of the I S o f 1992. Securities and Exchange Board of India Act, 1992, as amended by this Act, shall have

and shall be deemed to always have effect for all purposes as if the provisions of the said Acts, as amended by this Act, had been in force at all material times and accordingly any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, issued or purported to have been issued at any time before the 9th day of

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

April, 201 0, shall be deemed and always deemed to have been validly issued and shall not be called in question in any court of law or other authority solely on the ground that it was issued without a certificate of registration under any law for the time being in force or without following any procedure under any law for the time being in force, by an insurer or any other person.

Repeal and 7. (I) The Securities and Insurance Laws (Amendment and Validation) Ordinance, savings 2010 is hereby repealed. Ord 3 of

2010

(2) Notwithstanding such repeal, anything done or any action taken under the Reserve Bank of India Act, 1934 or the Insurance Act, 1938 or the Securities Contracts 2 of 1934. (Regulation) Act, 1956 or the Securities and Exchange Board of India Act, '1992, as 4 of 1938

amended by the said Ordinance, shall be deemed to have been done or taken under the :: :: corresponding provisions of those Acts, as amended by this Act.

V. K. BHASIN, Secy. to the Govt. of India.

- - -

PRINTED BY THE GENERAL MANAGER. GOVT OF INDIA PRESS, M I N T 0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010

GMGIPMRND.-4148Gl(S-3)-25.08.2010.

Tio 3% ~ " - ( ~ ) ~ 4 / ~ ~ ~ 7 / 2 ~ ~ 3 - 1 ~ 11EGISTERED NO. 1)L-(N)OJIOUU7/2003-1U

mm lzxTRAORDINmY

olTrl II-m"s 1 PART 11 - Section 1 ~~~

PUBLISHED BY AUTHORITY

Ti0 366) ;If f$Fd?, Jm, WlW 25, 20101 W 3, 1932 No. 361 NEW DELHI, WEDNESDAY, AUGUST 25,2010 / BHADRA 3,1932

~ 9 ~ m 4 ~ p s a ~ 3 ~ B ~ % w m ~ i i ; r n 4 ~ ~ ~ 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, August 25,20 1 O/Bhadra 3,1932 (Saka)

The following Act of Parliament received the assent o f the President on the 24th August, 20 10, and is hereby published for general information:-

THE STATE BANK OF INDIA (AMENDMENT) ACT, 20 10

No. 27 OF 2010

[24th August, 201 0.1

An Act further to amend the State Bank of India Act, 1955

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. (1) This Act inay be called the State Bank of India (Amendment) Act, 20 10. Short title and commencement.

(2) It shall come into force on such date as the Central Government inay, 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 ofthis Act shall be construed as a reference to the coming into force of that provision.

23 of 1955. 2. In section 2 of the State Bank of India Act, 1955 (hereinafter referred to as the Ametldm"t of

principal Act), clause ( i ) shall be omitted. sectcon 2.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT 11- - -

Sttbslitl~tion of new section for section 4.

Authorised capital.

Amendment of section 5.

Amendment of section 10.

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

"4. Subject to the provisions of this Act, the authorised capital of the State Bank shall be five thousand crores of rupees divided into five hundred crores of fully paid-up shares of ten rupees each:

Provided that the Central Board may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the approval of the Reserve Bank:

Provided further that the Central Government may, in consultation with the Reserve Bank, increase or reduce the authorised capital so however that the shares in all cases shall be fully paid-up shares.".

4. In section 5 of the principal Act,-

(a) for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) The issued capital ofthe State Bank shall consist of equity shares or equity and preference shares:

Provided that the issue of preference shares shall be in accordance with the guidelines framed by the Reserve Bank specifying the class of preference shares, the extent of issue of each class of such preference shares (whether perpetual or irredeemable or redeemable) and the terms and conditions subject to which, each class of preference shares may be issued:

Provided further that the Central Board may from time to time increase, with the previous approval of the Reserve Bank and the Central Government, whether by public issue or rights issue or preferential allotment or private placement, in accordance with the procedure as may be prescribed, the issued capital by the issue of equity or preference shares:

Provided also that the Central Government shall, at all times, hold not less than fifty-one per cent. of the issued capital consisting of equity shares of the State Bank.";

(b) after sub-section (3), the following sub-sections shall be inserted, namely:-

"(4) Subject to the provisions contained in sub-section (2), the Central Board may increase from time to time, by way of issuing bonus shares to existing equity shareholders, the issued capital in such manner as the Central Government may, after consultation with the Reserve Bank, direct.

(5) The State Bank may, accept the money in respect of shares issued towards increase in the issued capital in instalments, make calls, forfeit unpaid shares and re-issue them, in such manner as may be prescribed.".

5. In section 10 ofthe principal Act, in sub-section (2), for the words "fifty-five per cent. of the issued capital", the words "fifty-one per cent. ofthe issued capital consisting of equity shares," shall be substituted.

Insertion of new 6. After section 10 ofthe principalAct, the following section shall be inserted, namely:- sec t io~~ 10A.

Right of "10A. (I) Every individual registered shareholder may, at anytime, nominate, in registered shareholders the prescribed manner, an individual to whom all his rights in the shares shall vest in to nominate. the event of his death.

(2) Where the shares are registered in the name of more than one individual jointly, the joint holders may together nominate in the prescribed manner, an individual to whom all their rights in the shares shall vest in the event ofthe death of all the joint holders.

Ssc. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3

(3) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, where a nomination in respect of shares is made in the prescribed manner and which purports to confer on the nominee the right to vest the shares, the nominee shall, on the death o f the shareholder or, as the case may be, on the death of all the joint holders, become entitled to all the rights of the shareholder or, as the case may be, of all the joint holders: in relation to such shares and all other persons shall be excluded unless the nomination is varied or cancelled in the prescribed manner.

(4) Where the nominee is a minor: it shall be iawful for the individual registered holder of the shares to make no~nination to appoint, in the prescribed manner, any person to become entitled to the shares in the event of his death during the minority of the nominee.".

9. In section 11 of the principal Act, after the proviso, the following provisos shall Amendment of be inserted, namely:- section 1.

"Provided further that the shareholder holding any preference share capital in the State Bank shall, in respect ofsuch capital, have a right to vote only on resolutions placed before the State Bank which directly affect the rights attached to his preference shares:

Provided also that no preference shareholder, other than the Central Government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess often per cent. oftotal voting rights of all the shareholders holding preference share capital only.".

8. In section 13 of the principal Act, in sub-section (2), for the words "in computer Amendment of floppies or diskettes", the words "in computer floppies or diskettes or any other electronic sec1i0d3.

form" shall be substituted.

9. In sectlon 16 of the principal Act,- An~endment of section 16

(a) in sub-section ( I ) , for the word "Bombay", the words "Mumbai, and shall also be known as Corporate Centre" shall be substituted;

(b) in sub-section (2), for the words "Bombay, Calcutta and Madras", the words "Mumbai, Kolkata and Chennai" shall be substituted.

10. In section 19 of the principal Act,-

(a) in clause (a), the words "and a vice-chairman" shall be omitted;

Amendment of scctian 19.

(b) for clause (b), the following clause shall be substituted, namely:-

"(b) such number of managing directors not exceeding four, as may be appointed by the Central Government in consultation with the Reserve Bank;";

(c) clause (bb) shall be omitted;

(4 in clause (4, the words "in consultation with the Reserve Bank," shall be omitted;

(e) for clause 0, the following clause shall be substituted, namely :-

"0 one director, possessing necessary expertise and experience in matters relating to regulation or supervision of commercial banks to be nominated by the Central Government on the recommendation of the Reserve Bank.".

11. After section 19 of the principal Act, the following sections shall be inserted, lnserl~on of new

namely:- szctions 19A and 19B

"19A. ( I ) The directors elected under clause (c) of section 19 shall- Qualifications for election of (a) have special knowledge or experience in respect of one or more of directors elected

the following areas, namely:-- by shareholders

(i) agriculture and rural economy,

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

( i i ) banking,

(irij co-operation.

(iv) economics,

(v) finance,

(vi) law,

(vii) small-scale industry,

(viii) any other area the special knowledge of, and experience in, which in the opinion of the Reserve Bank shall be useful to the State Bank;

(6) represent the interests of depositors; or

(c) represent the interests of fanners, workers and artisans.

( 2 ) Without prejudice to the provisions of sub-section (1 ) and notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no person shall be eligible to be elected as director under clause (c ) of section 19 unless he is a person having fit and proper status based upon track record, integrity and such other criteria as the Reserve Bank may notify from time to time in this regard and the Reserve Bank may specify in the notification issued under this sub-section, the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determinations and such other matters as may be considered necessary or incidental thereto.

(3) Where the Reserve Bank is of the opinion that any director of the State Bank elected under clause (c ) of section 19 does not fulfil the requirements of sub-sections (1 ) and (2), it may, after giving to such director and the State Bank a reasonable opportunity of being heard, by order, remove such director.

(4) On the removal of a director under sub-section (3), the Central Board shall co-opt any other person fulfilling the requirements of sub-sections (1) and (2) , as a director in place of the person so removed, till a director is duly elected by the shareholders of the State Bank in the next annual general meeting; and the person so co-opted shall be deemed to have been duly elected by the shareholders of the State Bank as a director.

Power of 19B. (1) If the Reserve Bank is of the opinion that in the interest of banking Reserve Bank policy or in the public interest or in the interests ofthe State Bank or its depositors, it to appolnt add~tional is necessary so to do, it may, from time to time and by order in writing appoint, with directors effect from such date as may be specified in the order, one or more persons as additional

directors of the State Bank.

(2 ) Any person appointed as additional director under sub-section (1 ) shall,-

(a) hold of ice during the pleasure ofthe Reserve Bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the Reserve Bank may, by order, specify;

(b ) not incur any obligation or liability by reason only of his being an additional director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto; and

(c ) not be required to hold qualification shares in the State Bank.

(3 ) For the purpose of reckoning any proportion ofthe total number of directors of the State Bank, any additional director appointed under this section shall not be taken into account.".

Anlend~nent of 12. In section 20 of the principal Act,- sectlon 20. (a) in sub-section ( I ) , the words ", vice-chairman" shall be omitted;

(b) in sub-section ( IA ) , the word ", vice-chairman", occurring at both the places, shall be omitted;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5 -

jc) in sub-section(3~), the words "and thereafter until his successor shall have been duly appointed or nominated", shall be omitted.

13. In section 21 of the principal Act,- Amendment of section 2 1

(a) in sub-section (I ) -

(i) for clause (a), the following clause shslli be subslilured, namely: -

"(a) the chairman, ex officio or the managing director nominated by the chairman;";

( i i ) in clause (c), the words "in consultation with the Reserve Bank" shali be omitted;

(b) in sub-section (51, for the words "Governor ofthe Reserve Bank", the words "Central Government" shall be substituted.

14. For section 21B of the principal Act, the following section shall be substituted, Substitution of namely:- new section for

sectlon 2 1 R .

"21B. In respect of the area falling within the jurisdiction of the local head PowersofLocal office for which the Local Board has been constituted, a Local Board shall, subject to Board

such general or special direction as the Central Board may give from time to time, exercise such powers and perform such duties and functions as may be entrusted or delegated to it by the Central Board.".

15. In section 21C of the principal Act, for sub-section (2), the following sub-section Amendment of

shall be substituted, namely:- sectlon 2 1 ~ .

"(2) The chairman or the managing director nominated by him shall be an ex ofjcio member of every such Local Commitlee.".

16. In section 22 ofthe principal Act, in sub-section (I),- Amendment of section 2'2.

(a) in clause (4, the word "vice-chairman" shall be omitted;

(b) for clause (h), the following clause shall be substituted, namely:-

"(h) in the case of an elected director, he is not registered as a holder in his own right of unencumbered shares in the State Bank, either as sole holder or as first named holder when jointly held, of a nominal value of at least five thousand rupees:".

17. In section 23 ofthe principal Act, in clause (b), the word ", vice-chairman" shall be Amendment of

omitted. section 23.

18. In section 24 of the principal Act, - Amendment of section 24.

(a) in sub-section (I), the word ", vice-chairman" shall be omitted;

(b) in sub-section (3), the words "after consulting the Reserve Bank," shall be omitted.

19. After section 24 of the principal Act, the following section shall be inserted, Insertionofnew

namely:- section 24A.

"24A. (I) Where the Central Government, on the recommendation ofthe Reserve Supersession of

Bank is satisfied that in the public interest or for preventing the affairs of the State 111 cenaln cases.

Bank being conducted in a manner detrimental to the interest of the depositors or the State Bank or for securing the proper management of the State Bank, it is necessary so to do, the Central Government may, for reasons to be recorded in writing, by order, supersede the Central Board for a period not exceeding six months as may be specified in the order:

THE GAZETTE OF INDIA EXTRAORDINARY

Provided that the period of supersession of the Central Board may be extended from time to time, so, however, that the total period shall not exceed twelve months.

(2) On supersession of the Central Board under sub-section (I), the Central Government may, in consultation with the Reserve ~ a n k , appoint an Administrator (not being an officer of the Central Government or a State Government) who has experience in law, finance, banking, economics or accountancy, for such period as it may determine.

(3) The Central Government may issue such directions to the Administrator as it may consider necessary and the Administrator shall be bound to follow such directions.

(4) Notwithstanding anything contained in this Act, upon making the order of supersessioil of the Central Board-

(a) the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such;

(6) all the powers, functions and duties which may, by or under the provisions ofthis Act or any other law for the time being in force, be exercised and discharged by or on behalf of the Central Board, or by a resolution passed in the general meeting of the State Bank, shall, until the Central Board is reconstituted, be exercised and discharged by the Administrator appointed under sub-section (2): ib

Provided that the powers exercised by the Administrator shall be valid notwithstanding that such power is also exercisable by a resolution passed in the general meeting of the State Bank.

(5) The Central Government may, in consultation with the Reserve Bank, constitute a committee ofthree or more persons who have experience in law, finance, banking, economics or accountancy to assist the Administrator in the discharge of his duties.

(6) The committee shall meet at such times and places and observe such rules of procedure as may be specified by the rules made under this Act.

(7) The salary and allowances of the Administrator and the members of the cotnmittee shall be such as may be specified by the rules made under this Act and be payable by the State Bank.

(8) On and before the expiration of two months before the expiry of the period of supersession of the Central Board, the Administrator of the State Bank shall call the general meeting ofthe State Bank to elect new directors and re-constitute the said Board.

(9) Notwithstanding anything contained in any other law for the time being in force or in any contract, no person shall be entitled to claim any compensation for the loss or termination of his office on supersession of the Central Board.

(10) The Administrator appointed under sub-section (2) shall vacate office immediately after the re-constitution of the Central Board.".

Amendment of 20. In section 25 of the principal Act,- section 25

(a) in sub-section (I), the word ", vice-chairman" shall be omitted;

(6) in sub-section (2),-

(i) the word ", vice-chairman" shall be omitted;

( i i) in clause (b), the words "in consultation with the Reserve Bank" shall be omitted.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY - 7

21. Section 28 of the principal Act shall be omitted

22. In seclion 29 of the principal Act, in sub-section (I),- Ameudrnen~ o i section 29.

(a) in clause (a), the word "and" shall be omitted;

(b) in clause (b),-

( i ) the words "and the vice-chairman," shail be omiiced;

jiij at the end, the word'";'and" shall be inserted;

(c) after clause (b), the following clause shall be inserted, namely:-

"(c) when authorised by the chairman, shall preside at the meetings of the Central ~ o a r d in his absence.".

23. In section 3 1 of the principal Act,-- Amendment of sectlon 3 1

(a) for sub-sections ( I ) and (2), the following sub-sections shall be substituted, namely:-

"(I) The Central Board shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed; and the meeting of the Central Board may be held by participation of the directors of the Central Board through videoconferencing or such other electronic means, as may be prescribed,,which are capable of recording and recognising the participation of the directors and the proceedings of such meetings are capable of being recorded and stored:

Provided that the Central Government may in consultation with the Reserve Bank, by notification in the Official Gazette, specify the matters which shall not be discussed in a meeting of the Central Board held through videoconferencing or such other electronic means.

(2) All questions at the meeting shall be decided by a majority of the votes of the directors present in the meeting or through videoconferencing or such other electronic means and in the case of equality of votes the chairman or, in his absence, the managing director authorised by the chairman shall have a second or casting vote.";

(b) in sub-section (4), for the word "vice-chairman", the words "managing director authorised by the chairman" shall be substituted.

24. In section 3 1A of the principal Act, in sub-section ( 5 ) , for the words "the vice- Amendment of

chairman, if he is a member ofthe Local Board", the words "the managing director authorised 31A

by the chairman" shall be substituted.

25. After section 38 of the principal Act, the following section shall be inserted, Insertion ofnew

namely:- section 38A.

'38A. ( I ) Where, after the commencement o f the State Bank of India Transferof (Amendment) Act, 2010, a dividend has been declared by the State Bank but which unpaid Or

unclaimed .has not been paid to a shareholder or claimed by any shareholder entitled to it, within thirty days from the date of declaration, the State Bank shall, within seven days from the date of expiry of the said period ofthirty days, transfer the total amount of dividend which remains unpaid, or unclaimed, to a special account to be named, the "unpaid dividend account" maintained by it.

Explanation.- In this sub-section, the expression "dividend which remains unpaid" means any dividend the warrant in respect thereof has not been encashed or which has otherwise not been paid or claimed.

(2) Where the whole or any part of any dividend, declared by the State Bank before the commencement of the State Bank of India (Amendment) Act, 20 10, remains

8 THE >GAZETTE OF INDIA EXTRAORDINARY [PART 11-

unpaid at such commencement, the State Bank shall, within a period of six months from such commencement, transfer such unpaid amount to the account referred to in sub-section ( I ) .

(3) Any money transferred to the unpaid dividend account of the State Bank, in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer shall be transferred by the State Bank to the Investor Education and Protection Fund established under sub-section ( I ) of section 205C ofthe Companies Act, 1956 for being utilised for the purpose and in the manner I of 1956.

specified in that section.'.

Amendment of 26. In section 39 of the principal Act, for the word "December", the word "March" 39. shall be substituted.

~mendme'ht of 27. 111 section 40 of the principal Act,-- section 40

(a ) in sub-section ( I ) , for the word "December", the word "March" shall be substituted;

(b ) for sub-section (2) , the following sub-section shall be substituted, namely:-

"(2) The balance sheet and the profit and loss account shall be signed by the chairman, managing directors and at least three other directors ofthe Central Board.".

Arnend~nent of 28. In section 41 of the principal Act,- section 41

(a ) in sub-section ( I ) , for the words "the Reserve Bank in consultation with the Central Government", the words "the State Bank with the previous approval of the Reserve Bank" shall be substituted;

( b ) in sub-section (9, for the words "the Reserve Bank", the words "the State Bank with the previous approval of the Reserve Bank" shall be substituted.

Subst~tution of 29. For section 42 of the principal Act, the following section shall be substituted, new section for namely:- sect~on 42.

Balance sheet, "42. (1 ) An annual general meeting shall be held in each financial year at the etc , of State Corporate Centre or at such other place in Mumbai other than the Corporate Centre or Bank may be discussed at at such other place in India and at such time, as shall from time to time be specified by general the Central Board and a general meeting other than an annual general meeting may be meeting convened by the State Bank at any other time and at such place in India as shall from

time to time be specified by the Central Board:

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 auditors' report, under sub-section ( I ) of section 40, is forwarded to the Central Government or to the Reserve Bank, whichever date is earlier.

(2 ) The shareholders present at an annual general meeting shall be entitled to discuss and adopt the balance sheet and the profit and loss account of the State Bank made up to the previous 3 1st day of March or the date specified under section 39, as the case may be, the report of the Central Board on the working and activities of the State Bank for the period covered by the accounts and the auditors' report on the balance sheet and accounts.".

Amendment of 30. In section 43'of the principal Act, for sub-section (2), the following sub-section 43. shall be substituted, namely:-

" (2) The officers, advisers and employees of the State Bank shall individually or jointly or with other officers, advisers and en~ployees in aLocal Committee exercise such powers and perform such duties as may by general or special order, be entrusted or delegated to them by the Central Board or its executive committee.".

SEC. 11 THE GAZETTE OF INDIA E~TRAORDINARY 9

31. In section49 ofthe principal Act, in sub-section (4, after clause (c), the following *!nendme!?t of

clauses shall be inserted, namely:- section 49.

"(d) the time and place of meeting of the Committee and the rules of procedure to be observed by it under sub-section (6) of section 24A;

(e) the salary and allowances of the Administrator and the members of the committee under sub-section (7) of section 24A.".

32. In section 50 of the principal Act, in sub-section (2),- Amendment of section 50.

(i) after clause (a), the following clauses shall be inserted, namely:-

"(aa) the procedure for increasing issued capital by the issue of equity 01.

preference shares under sub-section (2) and the manner of accepting money for issued capital, forfeiture and re-issue of shares under sub-section (5), of section 5;

(ab) the manner of nominating an individual by one individual under sub- section ( I ) , the manner of nominating an individual by the joint holders under sub-section (2), the manner of varying or cancellation of nomination under sub-section (3), and the manner of nominating a minor under sub-section (4), of section 1 OA;";

(ii) in clause (b), for the words "floppies or diskettes", the words "floppies or diskettes or any other electronic form" shall be substituted.

33. The enactment specified in the Schedule is hereby amended to the extent and in Amendment of

the manner as given below:- enactment.

THE SCHEDULE

(See section 33)

Short title

In section 26, in sub-section (2A), the words "and thereafter until his successor shall have been duly appointed" shall be omitted.

V, K. BHASIN, Secy. to the Govt. ofIndia.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD. NEW DEI.HI AND PUBLISHED BY THE CONTROLLER OF PUBL.ICATIONS, DELHI-2010.

U' 30 w"--(~)04/0007/2003-10 REGISTERED NO. 1)G(N)04/0007/2003--IO

mm EXTRAORDINARY

W I I - w 3 1 PART I1 - Section 1

n r f e m ; 7 ~ * m PUBLISHED BY AUTHORITY

'Fi" 371 T$ fZFFit, T'WlT, XTRi 25, 2010/ Om 3, 1932 No. 371 NEW DELHI, WEDNESDAY, AUGUST 25,2010 1 BHADRA 3,1932

m m 4 f w ~ ~ ~ ~ % ~ % v r : m ~ 6 : m . i f ~ ~ n m ~ ~ Separate paging is given to this Part in order that it may be filed as a separate compilation,

--

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, August 25, 2010/Bhadra 3,1932 (Shka)

The following Act of Parliament received the assent of the President on the 24th August, 20 10, and is hereby published for general information:-

THE ENERGY CONSERVATlON (AMENDMENT) ACT, 20 10

No. 28 OF 2010

[24th August, 2010.1

An Act to amend the Energy Conservation Act, 200 1.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic ofIndia as follows:--

1. This Act may be , . called the Energy Conservation (Amendment) Act, 20 10. Short title

52 of 2001. 2. In section 2 of the Energy Conservation Act, 2001 (hereinafter referred to as the Amendment of secliol~ 2 principal Act),-

(i) in clause (a), for the words "an auditor possessing qualifications specified under", the words "an energy auditor accredited in accordance with the provisions of' shall be substituted;

(ii) in clause (b), for the words and figures "established under section 30", the words and figures "referred to in section 30" shall be substituted;

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Amendment of section 9.

Amendment of section 10.

Amendment of section 13.

Amendment of seciion 14

(iii) for clause (c): the following clause shall be substituted, namely:-

'(c) "building" means any structure or erection or part of structure or erection after the rules relating to energy conservation building codes have been notified under clause (p) of section 14 and clause (a) of section 15 and includes any existing structure or erection or part of structure or erection, which is having a connected load b f 100 Kilowatt ( kW) or contract demand of 120 Kilo- volt Ampere (kVA) and above and is used or intended to be used for co~nmercial purposes;';

(iv) after clause (m), the following clauses shall be inserted, namely: -

' (ma) "energy savings certificate" means any energy savings certificate issued to the designated consumers under sub-section ( I ) of section 14A;

(maa) "equipment or appliance" means any equipment or appliance which consumes, generates, transmits or supplies energy and includes any device that consumes any form of energy and produces a desired work;'.

3. In section 9 of the principal Act, in sub-section (a), for the words "three years", the words "five years" shall be substituted.

4. In section 10 of the principal Act, in sub-section ( I ) , for the words "The Central Government", the words "The Bureau" shall be substituted.

5. In section 13 of the principal Act, in sub-section (2),-

( i ) after clause (a), the following clause shall be inserted, nameiy:-

"(aa) recommend to the Central Government for issuing of the energy savings certificate under section 14A;";

(ii) for clause (p), the followi~lg clause shall be substituted, namely:-

"(p) specify, by regulations, the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation;";

(iii) in clause (r), for the words "energy managers", the words "energy auditors and energy managers" shall be substituted;

(iv) after clause (s), the following clause shall be inserted, namely:-

"(sa) conduct examination for capacity building and strengthening of services in the field of energy conservation including certification of energy managers and energy auditors.".

6. In section 14 of the principal Act,-

(i) in clause (c), for the proviso, the following provisos shall be substituted, namely:-

"Provided that no notification prohibiting manufacture or sale or purchase or import of equipment or appliance shall be issued within a period of six months from the date of notification issued under clause (a) of this section:

Provided further that the Central Government may, having regard to the market share and the technological development having impact on equipment or appliance, and for reasons to be recorded in writing, extend the said period of six months referred to in the first proviso by a further period not exceeding six months;";

(ii) in clause (e), for the words "any user or class of users of energy as a designated consumer", the words "any user or class of users of energy in the energy intensive industries and other establishments as specified in the Schedule as a designated consumer" shall be substituted;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3

(iii) in clause (m), for the words "energy managers", the words 'knergy auditors and energy managers" shall be substituted;

(iv) in clause (o), for the words "such form and manner", the words "such form, the time within which and the manner" shall be substituted.

7. After section 14 of the principal Act, the following sections shall be inserted, namely:-

"14A. (I) The Central Government may issue the energy savings certificate to the designated consumer whose energy consumption is less than the prescribed norms and standards in accordance with the procedure as may be prescribed.

(2) The designated consumer whose energy consumption is more than the prescribed norms and standards shall be entitled to purchase the energy savings certificate to comply with the prescribed norms and standards.

14B. The Central Government may, in consultation with the Bureau, prescribe the value of per metric ton of oil equivalent of energy consumed for the purposes of this Act.".

8. In section 26 of the principal Act,-

(a) in sub-section (I),-

Insertion of IlZW sections 1 4 4 3nd 148.

Powel of Central Government to issue energy savings certificate.

Powcr of Central Government to specify value of energy.

Amendment of section 26

(i) the words, brackets and letter "or clause (n)" shall be omitted;

(ii) for the words "ten thousand rupees", the words "ten lakh rupees" shall be substituted;

(iii) for the words "one thousand rupees", the words "ten thousand rupees" shall be substituted;

(6) after sub-section (I), the following sub-section shall be inserted, namely:-

"(1A) If any person fails to comply with the provisions of clause (n) of section 14, he shall be liable to a penalty which shall not exceed ten lakh rupees and, in the case of continuing failure, with an additional penalty which shall not be less than the price of every metric ton of oil equivalent of energy, prescribed under this Act, that is in excess of the prescribed norms.".

9. For section 30 of the principal Act,. the following section shall be substituted, Substitution of

namely:- new section for section 30.

"30. The Appellate Tribunal established under section 110 of the Electricity Appellate

Act, 2003 shall, without prejudice to the provisions of the Electricity Act, 2003, be the Appellate Tribunal for the purposes of this Act and hear appeals against the orders of the adjudicating officer or the Central Government or the State Government or any other authority under this Act.".

10. After section 31 of the principal Act, the following section shall be inserted, Insertion of

namely:- new section 3 1 A.

"3 1 A. The provisions of sections 120 to 123 (both inclusive ) of the Electricity Procedure and

Act, 2003 shall, mutatis mutandis, apply to the Appellate Tribunal in the discharge of POwerS of Appellate

its functions under this Act as they apply to it in the discharge of its function under the Tribunal, Electricity Act, 2003.".

Amendmeat of section 54.

Amendment of section 58

Amendment of the Schedule.

Amendment of certain enactment.

4 - THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

11. Sections 32 to 43 ofthe principal Act shall be omitted.

12. In section 54 ofthe principal Act, the words "Chairperson ofthe Appellate Tribunal or the Members ofthe Appellate Tribunal or officers or e~nployees ofthe Appellate Tribunal or the Members ofthe State Commission or the" shall be omitted.

13. In section 56 of the principal Act, in sub-section (2):-

( i ) in clause (j), for the words "energy managers", the words "energy auditors and energy managers" shall be substituted;

(ii) after sub-clause ( I ) , the following clauses shall be inserted, namely:-

"(la) prescribing the procedure for issuing the energy savings certificate under sub-section ( I ) of section 14A;

(laa) the value of per metric ton of oil equivalent of energy consumed under section 14B;";

(iii) clauses (s), ( t ) and (u) shall be omitted.

14. In section 58 ofthe principal Act, in sub-section (2),-

(a ) for clause @, the following clause shall be substituted, namely:-

"@ the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation under clause (p) of sub-section (2) of section 13;";

(b) in clause (h), for the words "energy managers", the words "energy auditors and energy managers" shall be substituted.

15. In the Schedule to the principal Act, in the heading, the words "specified as designated consumers" shall be omitted.

16. The enactment specified in the Schedule to this Act shall be amended in the manner specified therein.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5

THE SCHEDULE

(See section 16)

AMENDMENT TO THE ELECTRICITY ACT, 2003

(36 OF 2003)

In section 110, for the words "under this Act", the words "under this Act or any other Amendment of law for the time being in force" shall be substituted. section i i O .

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER. GOVT. OF lNDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

T h @ do 3% ~~(~)04/0007/2003-10 REGISTEREIJ NO. DG(N)04/0007/2003-10

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PART I1 - Section 1 nrfem;R*mrf4m

PUBLISHED BY AUTHORITY

do 3381 T$ m, *, 3PlT?i 31, 20101 W 9, 1932 No. 381 NEW DELHI, TUESDAY, AUGUST 31,2010 I BHADRA 9,1932

~ o n ~ ~ ~ - f i e s r * * * m f $ T w m * * i ; ~ m ~ ~ * l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OFLAW AND JUSTICE (Legislative Department)

New Delhi, August 3 1st , 2 0 1 OlBhadra 9 , 1932 (Saka)

The following Act of Parliament received the assent of the President on the 3 1 st August, 20 10, and is hereby published for general information:-

THE APPROPRIATION (RAILWAYS) NO. 4 ACT, 20 10

No. 29 OF 2010

[3 1 st August, 20 1 0.1

An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 201 0- 1 1 for the purposes of Railways.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. This Act may be called the Appropriation (Railways) No. 4 Act, 20 10.

2. From and out ofthe Consolidated Fund of hdia there may be paid and applied sums not exceeding those specified in column 3 ofthe Schedule amounting in the aggregate to the sum of four hundred ninety-eight crores, one lakh and fifty thousand rupees towards defraying the several charges which will come in course of payment during the financial year 20 10-1 1, in respect ofthe services relating to Railways specified in column 2 of the Schedule.

Short title.

Issue of Rs. 498,O 1,50,000 out of the Consolidated Fund of India for the financial year 2010-11.

3. The sums authorised to be paid and applied from and out of the Consolidated Fund A ~ ~ r o ~ r i a t i o n .

of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

THE SCHEDULE

No. o f Vote

Services and purposes

(See sections 2 and 3)

Miscellaneous Expenditure (General). . . . . . . . . . . . . . . .

2

Assets-Acquisition, Construction and Replacement-

3

Other Expenditure

Capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RailwayFunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Railway Safety Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sums not exceeding

V. K. BHASM, Secy. to the Govt. of India.

Voted by Parl~ament

Rs.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010.

Charged on the Consolidated Fund

Rs.

Total

Rs.

$jf# ~0 fi"0 ~ p i ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)01/0007/2003-10 --

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PART II - Section 1 r r f i m 3 m

PUBLISHED BY AUTHORJTY

uo 399) ;rf m, %WlTt, @XFR 1, 20101 Om 10, 1932 (-1 No. 391 NEW DELHI, WEDNESDAY, SEPTEMBER 1,2010 I BHADRA 10,1932 (SAKA)

w o r m * m p a a * ~ ~ ~ m % w m ~ * i : ' ~ ; ~ * ~ ~ ~ ~ Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, September 1,20lO/Bhadra 10,1932 (Saka)

The following Act of Parliament received the assent of the President on the 3 1 st August, 20 10 and is hereby published for general information:-

THE PERSONAL LAWS (AMENDMENT) ACT, 2010

No. 30 OF 2010

[3lstAuguut, 2010.1

An Act further to amend the Guardians and Wards Act, 1890 and the Hindu Adoptions and Maintenance Act, 1956.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. This Act may be called the Personal Laws (Amendment) Act, 20 10.

CHhPTER 11

AMENDMENT TO THE GUARDIANS AND WARDS ACT, 1890

Short title.

2. In section 19 of the Guardians and Wards Act, 1890, for clause (b), the following Amendment of

clause shall be substituted, namely:- sectlon 19 of Act 8 of 1890.

"(6) of a minor, other than a married female, whose father or mother is living and is not, in the opinion of the court, unfit to be guardian of the person ofthe minor, or".

Substitution of new sectioll for section 8 .

Capacity o f a female Hindu to take in adoption.

Amendment of section 9 .

2 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII-SEC. 11

CHAPTER III

3. In the Hindu Adoptions and Maintenance Act, 1956 (hereafter in this Chapter 7s of 1956. referred to as the Hindu Adoptions and Maintenance Act), for section 8, the following section shall be substituted, namely:-

"8. Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption:

Provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.".

4. In the Hindu Adoptions and Maintenance Act, in section 9,-

(i) for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:

Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the world or has ceased,to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind;";

(ii) sub-section (3) ' shall be omitted.

V.K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELIiI-2010

7 f k $ uo 30 t0~(~)04/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003-10

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EXTRAORDINARY oTm 11-3l-W 1

PART 11 - Section 1 rrfim*?mm

PLJBLISHED BY AUTHORITY

Ti0 401 ;lif m, TeTEm, f&PW 1, 20101 10, 1932 No. 401 NEW DELHI, WEDNESDAY, SEPTEMBER 1,2010 / BHADRA 10,1932

~o~m*fo~;;~psa**d%m%~mmdm*m-;jy[* l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, September Ist, 20 1 O/Bhadra 10, 193 2 (Saka)

The following Act of Parliament received the assent of the President on the 3 1st August, 201 0, and is hereby published for general information:-

THE LAND PORTS AUTHORITY OF INDIA ACT, 20 10

No. 31 OF 2010 [3 1st August, 20 10.1

An Act to provide for the establishment of the Land Ports Authority of India to put in place systems which address security imperatives and for the development and management of facilities for cross border movement of passengers and goods at designated points along the international borders of India and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

CHAPTER I

1. (I) This Act may be called the Land Ports Authority of India Act, 201 0. Short title and

(2) It shall come into force on such date as the Central Government may, by notification commence- in the Official Gazette, appoint, and different dates may be appointed for different provisions ment.

of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Def~ni t~ons . 2. In this Act, unless the context otherwise requires,-

(a) "Authority" means the Land Ports Authority of India constituted under section 3;

(b) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (3) of section 3;

(c) "immigration check post" means any port or place of departure on the land as notified under the ForeignerslAct, 1946; 31 of 1946.

( 4 "integrated check post" means any land port, as the Central Government may, by notification in the Official Gazette, specifl;

. .

(e) "land customs station" means any place notified as such by the Central Government under clause (b) of sub-section (I) of section 7 ofthe Customs Act, 1962 52 of 1962. for the clearance of goods imported or to be exported by land or inland water;

V) "land port" means an area on the international borders of India including portions ofnational highways, State highways and other roads, notified as land customs station or immigration check post under the Customs Act, 1962 or the Foreigners' Act, 52 of 1962.

1946, and includes railways, with facilities for clearance and transport of passengers 3 1 of 1946 and goods across the borders of India;

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

( h ) "prescribed" mean's prescribed by rules made under this Act; and

(i) "regulations" means regulations made by the Authority under this Act.

CHAPTER I1

Constitution 3. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be constituted an Authority to be known as the Land Ports Authority of India.

(2) The Authority 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 and be sued.

(3) The Authority shall consist of-

(a) a Chairperson;

(b) two Members, out ofwhom one shall be Member (Planning and Development) and other shall be Member (Finance);

(c) not more than nine members, ex oflcio, to be appointed by the Central Government from amongst the officers, not below the rank of the Joint Secretary to the Government of India, representing the ministries o r departments of the Government of India dealing with Home Affairs, External Affairs, Revenue, Commerce, Road Transport and Highways, Railways, Defence, Agriculture and Cooperation, Law and Justice;

( 4 the Chief Secretary or his nominee not below the rank of the Secretary to the Government of the respective State where the integrated check posts are located;

(e) two representatives, one of whom shall be from recognised bodies of workers and the other shall be from traders, to be appointed by the Central Government; and

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 3

u> such other representatives as the Central Government may co-opt for functional purposes.

(4) The Chairperson and the members referred to in clause (b) shall be appointed by the Central Government and shall be whole-time members.

(5) The Chairperson shall be chosen from among persons who have special knowledge and experience in the field of security, transport, industry, commerce, law, finance or public administration.

4. A person shall be disqualified for being appointed as a member if, he- Disqualification - -

for office of (a ) has been convicted and sentenced to imprisonment for,an offence, which, in member.

the opinion of the Central Government, involves moral turpitude; or

(6) is an undischarged insolvent; or

(c ) is of unsound mind and stands so declared by a competent court; or

(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or

(e) has in the opinion of the Central Government such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.

5. (I) Subject to the provisions of section 6 , every whole-time member shall hold office Term of office

for a period of five years from the date on which he assumes office or till he attains the age of and of service of sixty years, whichever is earlier: members.

Provided that the Central Government may -

(a) terminate the appointment of any whole-time member, after giving him notice of a period of not less than three months or, in lieu thereof, on payment of an amount equal to his salary and allowances, if any, for a period of three months;

(b) terminate at any time the appointment of any member who is a'servant of the Government.

(2) The other conditions of service of the members shall be such as may be prescribed.

(3) Any member may resign his office by giving notice in writing for such period as may be prescribed, to the Central Government and, on such resignation being notified in the Official Gazette by that Government, such member shall be deemed to have vacated his office.

6. The Central Government shall remove a member if, he- Vacation of office o f

(a ) becomes subject to any of the disqualifications mentioned in section 4: members.

Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or

(b ) refuses to act or becomes incapable of acting; or

(c) is, without obtaining leave of absence from the Authority, absent from three consecutive meetings of the Authority; or

(4 in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest:

Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

4 THE GAZETTE OF INDIA EXTRAORDINARY PART II-

Eligibilit) sf 7. Any person ceasing to be a inember shaI1, unless disqualified under section 4, be member for eligible for re-appointment. re- appointment.

Meetings. 8. (1) The Authority shall meet i t such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations.

(2) The Chairperson, or, if for any reason, he is unable to attend any meeting of the Authority, any other member chosen by the members present at the meeting shall preside at the meeting.

(3) All questions which come up before any meeting of the Authority shall be decided by a majority ofthe votes ofthe members present and voting, and in the event of an equality of votes, the Chairperson, or in his absence the person presiding, shall have and exercise a second or casting vote.

Vacancies, 9. No act or proceeding of the Authority shall be invalid merely by reason of- etc., not to invalidate (a) any vacancy in, or any defect in the constitution of, the Authority; or proceedings of Authority. (b) any defect in the appointment of a person acting as a member ofthe Authority;

or

(c) any irregularity in the procedure of the Authority not affecting the merits of the case.

Officers and other employees of Authority.

Functions of Authority.

10. (1) For the purpose of enabling it to efficiently discharge its functions under this Act, the Authority shall appoint such number of officers and other employees as it may consider necessary:

Provided that the appointment of such category of officers, as may be specified, shall be subject to the approval of the Central Government.

(2) Every officer or other employee appointed by the Authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.

FUNCTIONS OF AUTHORITY

11. ( I ) Subject to the provisions of this Act, the Authority shall have powers to develop, sanitize and manage the facilities for cross border movement of passengers and goods at designated points along the international borders of India.

(2) Without prejudice to the generality of the provisions contained in sub-section (I), the Authority may-

(a) put in place systems, which address security imperatives at the integrated check posts on the border;

(b) plan, construct and maintain roads, terminals and ancillary buildings other than national highways, State highways and railways, at an integrated check post;

(c) plan, procure, install and maintain communication, security, goods handling and scanning equipment at an integrated check post;

(4 provide appropriate space and facilities for immigration, customs, security, taxation authorities, 'animal and plant quarantine, warehouses, cargo and baggage examination yards, parking zones, banks, post offices, communication facilities, tourist information centres, waiting halls, canteen, refreshment stalls, public conveniences, health services and such other services, as may be deemed necessary;

(e) construct residential buildings for its employees as well as residential accommodation for staff deployed at integrated check posts;

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 5

0) establish and maintain hotels, restaurants and restrooms;

(g) establish and maintain warehouses, container depots and cargo compiexes for the storage or processing of goods;

(h) arrange for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at integrated check posts;

(i) make appropriate arrangements for the security of integrated check posts and provide for regulation and control of movement of vehicles, entry and exit of passengers and goods in accordance with the respective law concerning them;

(j) ensure prevention and control of fire and other hazards and other facilities as deemed necessary;

(k) regulate and control the movement of vehicles, and the entry and exit of passengers, transportation workers, handling agents, clearing and forwarding agents and goods at the integrated check post with due regard to the law, security and protocol of the Government of India;

(I) co-ordinate and facilitate the working of agencies who have been engaged to undertake various activities at the integrated check posts, in accordance with the respective law, for the time being in force;

(m) develop and provide consultancy, construction or management services, and undertake operations in India and abroad in relation to an integrated check post;

1 of 1956 (n) fonn one or more companies under the Companies Act, 1956 or under any other law relating to companies for efficient discharge of the functions imposed on it by this Act;

(0) take all such steps as may be necessary or expedient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this Act:

Provided that sovereign functions of the Authority shall not be assigned to any private entity;

(p) set up joint ventures for the discharge of any of the functions assigned to the Authority; and

(q ) undertake any other activity at the integrated check post in the best commercial interests of the Authority.

(3) In the discharge of its functions under this section, the Authority may consult such ministry or department of the Government of India or of the State Government as it deems necessary, and shall have due regard to the development of land port services and to the efficiency, economy and safety of such service.

(4) Nothing contained in this section shall be construed as-

(a) authorising the disregard by the Authority of any law for the time being in force; or

(b) authorising any person to institute any proceeding in respect of duty or liability to which the Authority or its officers or other employees would not otherwise be subject to.

12. (1) The respective border guarding forces deployed at the borders of India shall be Responsibllit~es

responsible for security around an integrated check post. and powers of other

(2) The Authority may, whenever considered necessary so to do for ensuring the agencies

peace and security at an integrated check post, seek the assistance of armed force, Central paramilitary force or State police as per the provisions of the law for the time being in force.

(3) The Customs, immigration, quarantine and other officials shall co-ordinate with the Authority for the effective discharge of its functions.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11- -

Assets and liabilities to vest in Authority.

General effect of vesting of undertakings in Autl~ority.

Guarantee to be operative.

Compulsory acquisition of land for Authority.

Contracts by Authority.

Mode of executing contracts on behalf of Authority.

(4) Notwithstanding anything contained in any provisions of this Act, the Customs, immigration, quarantine officials, the border guarding forces and the police shall discharge their functions in accordance with the law for the time being in force.

CHAPTER IV

13. (1) On the date of notification issued under clause (6) of section 2, all such assets, rights, powers, authorities and privileges and such property movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever nature, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies, losses and book debts and all other rights and interests arising out of such property, as immediately before the issue of that notification, were in the ownership or possession of the Government of India in any of the land port, as the Central Government may, in such notification, specify, shall vest in the Authority and such vesting shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting.

(2) The notification under sub-section (1) shall be issued only after the concurrence of the concerned ministries or departments of the Government of India, in case where such properties are owned or controlled by such ministries or departments.

14. All contracts, agreements and working arrangements subsisting immediately before the date of notification issued under clause (6) of section 2, and affecting the land ports shall be of full force and effect as regards the Authority.

15. Any guarantee given for or in favour of land customs stations or immigration check posts with respect to a loan, lease or finance shall continue to be operative in relation to such stations or check posts which have been vested in the Authority by virtue of this Act.

16. Any land required by the Authority for the discharge of its functions under this Act shall be deemed to be needed for a public purpose and such land may be acquired for the Authority under the provisions of the National Highways Act, 1956 or any other law for the 48 of 1956

time being in force.

17. Subject to the provisions of section 18, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this Act.

18. (1) Every contract on behalf ofthe Authority, shall be made by the Chairperson or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts as may be specified, in the regulations, shall be sealed with the common seal of the Authority:

Provided that no contract exceeding such value or amount as the Central Government may, by order fix in this behalf, shall be made unless it has been previously approved by the Central Government:

Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, by order fix in this behalf, shall be made unless it has been previously approved by the Central Government.

(2) Subject to the provisions of sub-section (I), the form and manner in which any contract shall be made under this Act shall be such as may be provided by regulations.

(3) Any contract which is not in accordance with the provisions of this Act and the rules and regulations made thereunder shall not be binding on the Authority.

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 7

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

19. The Authority may, determine and charge such fees or rent, not being a statutory levy under any other Act, as may be provided by regulations, separately for each integrated check post,-

(a) for the cargo handling, warehousing, parking of trucks or for any other service or facility offered in connection with transport operations;

(b) for the parking of passenger vehicles and other amenities given to the passengers and visitors; and

(c) for the availing of facilities and other services provided by the Authority.

20. The Central Government may, after the appropriation made by Parliament by law in this behalf,-

(a) provide any capital that may be required by the Authority for the discharge of its functions under this Act or for any purpose connected therewith on such terms and conditions as that Government may determine;

(b) pay to the Authority, on such terms and conditions as the Central Government may determine, by way of loans or grants such sums of money as that Government may consider necessary for the efficient discharge of its functions under this Act.

21. (1) The Authority shall establish its own fund and all receipts of the Authority shall be credited thereto and all payments by the Authority shall be made therefrom.

(2) The Authority shall have the power, subject to the provisions of this Act, to spend such sums as it thinks fit to cover all administrative expenses of theAuthority or for purposes authorised by this Act and such sums shall be treated as expenditure out of the fund of the Authority.

Power of Authority to charge fees, rent. etc.

Additional capital and grant to Authority by Central Government.

Fund of Authority and its investment

(3) All moneys standing at the credit of the Authority which cannot immediately be applied as provided in sub-section (2), shall be-

(a) deposited in the State Bank of India or any such scheduled bank or banks or other public financial institutions subject to such conditions as may, from time to time, be specified by the Central Government;

(b) invested in the securities of the Central Government or in such manner as may be prescribed.

Explanation.-In this sub-section, "scheduled bank" has the same meaning as in 2 of 1934 clause (e) of section 2 of the Reserve Bank of India Act, 1934.

22. (1) The Authority may, from time to time, set apart such amounts as it thinks fit, as Allocation of a reserve fund or funds for the purpose of expanding existing facilities or services or creating s ~ ' P * ~ s finds.

new facilities or services at any integrated check post or increase of expenditure from transient causes or for purposes of replacement or meeting expenditure arising from loss or damage due to any natural calamity or accident or meeting any liability arising out of any act of omission or commission in the discharge of its functions under this Act:

Provided that the Authority shall also have the power to establish specific reserves for specific purposes:

Provided further that the sums set apart annually in respect of each or any of the specific and general reserves and the aggregate at any time of such sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the Central Government.

(2) After making provision for such reserve fund or funds and for bad and doubtful debts, depreciation in assets and all other matters which are usually provided for by companies

I of 1956. registered and incorporated under the Companies Act, 1956, the Authority shall pay the balance of its annual net profits to the Central Government.

8 THE GAZETTE OF INDIA EXTRAORDINARY PART II-

Subm~ssion of 23. The Authority shall, before the commencement of each financial year prepare a programme Of statement of the programme of its activities during the forthcoming financial year as well as activities and financial financial estimate in respect thereof and submit it for the approval ofthe Central Government. estimates.

Borrowing 24. (1) The Authority may, with the consent ofthe Central Government or in accordance powers Of with the terms of any general or special authority given to it by the Central Government, Authority. borrow money from any source by the issue of bonds, debentures or such other instruments

as it may deem fit for discharging all or any of its functions under this Act.

(2) The Central Government may guarantee in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans taken by the Authority under sub-section (I).

(3) Subject to such limits as the Central Government may, from time to time, lay down, the Authority may borrow temporarily by way of overdraft or otherwise, such amount as it may require for discharging its functions under this Act.

Accounts and 25. (1) The Authority shall maintain proper accounts and other relevant records and audit. prepare an annual statement of accounts including the profit and loss account and the

balance sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Authority shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be reimbursed to him by the Authority.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor- General has in connection with the audit of Government accounts and, in particular shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the Aithority.

(4) The accounts of the Authority 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 Parliament.

CHAPTER VI MISCELLANEOUS

Subni~ssion of 26. (1) The Authority shall, as soon as may be, after the end of each financial year, report. prepare and submit to the Central Government in such form as may be prescribed, a report

giving an account of its activities during that financial year and the report shall also give an account of the activities which are likely to be undertaken by the Authority during the next financial year.

(2) The Central Government shall cause such report to be laid before both Houses of Parliament, as soon as may be, after it is submitted.

Delegation. 27. The Authority may, by general or special order in writing, delegate to the Chairperson or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except the powers under section 35), as it may deem necessary.

Authent~cat~on 28. All orders and decisions of the Authority shall be authenticated by the signature Of Orders alld of the Chairperson or any other member authorised by the Authority in this behalf and all other instruments of other instruments executed by the Authority shall be authenticated by the signature of an ~ ~ ~ h ~ ~ i ~ ~ . officer of the Authority authorised by it in this behalf.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 9

29. All officers and employees ofAuthority shall, while acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be

45 of 1860. deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

30. No suit, prosecution or other legal proceeding shall lie against the Authority or any member or any officer or other employee ofthe Authority for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder.

31. Subject to such regulations as the Authority may make in this behalf, the Authority shall provide for securing the safe custody and restoration of any property which, while not in proper custody, is found on any premises belonging to the Authority or under its overall control.

32. (1) If, at any time, the Central Government is of opinion-

(a) that on account of a grave emergency, the Authority is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or

(b) that the Authority has persistently defaulted in complying with any direction issued by the Central Government under this Act or in the discharge of the finctions and duties imposed on it by or under the provisions of this Act and as a result of default the financial position of the Authority or the administration of an integrated check post has deteriorated; or

(c) that circumstances exist which render it necessary in the public interest so to do,

the Central Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding six months, as may be specified in the notification:

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the Central Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Authority.

(2) Upon the publication of a notification under sub-section (I) superseding the Authority,-

(a) all the 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 Authority, shall until the Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and

(c) all property owned or controlled by the Authority shall, until the Authority is reconstituted 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 (I), the Central Government may,-

(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary, or

(b) reconstitute the Authority 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:

Ofiicers and employees of Authority to be public servants.

Protection of action taken in good faith.

Custody and disposal of lost property.

Power of Central Government to supersede Authority.

Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (I) or as extended under this sub-section, take action under clause (b) of this sub-section.

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

(4) The Central Government shall cause a notification issued under sub-section (I) 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 in the immediate subsequent session of Parliament.

Power of 33. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall, Central Government io

in the discharge of its functions and duties under this Act, be bound by such directions on issue directions. questions of policy as the Central Government may give in writing to it from time to time:

Provided that the Authority shall, as far as practicable, be given opportunity to express its 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 fical.

(3) The Central Government may, from time to time, issue directions to the Authority regarding the discharge of any functions by it under the clauses of sub-section (2) of section 11 and the Authority shall be bound to comply with such directions.

Power to 34. (1) The Central Government may, by notification in the Oficial Gazette, make rules make "les. 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-

(a) the other conditions of service of members of the Authority under sub- section (2) of section 5;

(b) the period of notice as may be given by any member to resign his office under sub-section (3) of section 5;

(c) the manner in which the Authority may invest the funds under clause (b) of sub-section (3) of section 2 1 ;

( 4 the form in which the annual statement of accounts shall be prepared by the Authority under sub-section (I) of section 25;

(e) the form in which a report giving an account of its activities shall be prepared and submitted by the Authority to the Central Government under sub-section (I) of section 26; and

Cf) any other matter which is to be, or may be, prescribed.

Power to 35. (1) The Authority may, with the previous approval of the Central Government, make make regulations not inconsistent with this Act and the rules made thereunder for the purpose regulations.

of giving effect to the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such regulations may provide for-

(a) the time and places of meetings of the Authority and the procedure to be followed for transaction of business including the quorum at such meetings under sub-section (I) of section 8;

(b) the conditions of service and the remuneration of officers and other employees to be appointed by the Authority under sub-section (2) of section 10;

(c) the contracts which are to be sealed with the common seal of the Authority under sub-section (I), and the form and manner in which a contract may be made by the Authority under sub-section (2) of section 18;

( 4 the fees and rent to be charged by the Authority under sub-section (I) of section 19;

SEC. I ] THE GAZETTE OF INDJA EXTRAORDINARY 11

(e) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the persons entitled thereto under section 3 I .

36. Every rule and every regulation made or notification issued under this Act shall be Rules, laid, as soon as may be after it is made, before each House of Parliament, while it is in regulations and session, for a total period of thirty days which may be comprised in one session or in two or ~ o O ~ ~ ~ ~ ~ O n s

more successive sessions, and if, before the expiry of the session immediately following the before session or the successive sessions aforesaid, both Houses agree in making any modification Parliament. in the rule, regulation or notification, as the case may be, or both Houses agree that the rule, regulation or notification, as the case may be, should not be made or issued, the rule, 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, regulation or notification.

37. (1) If any difficulty arises in giving effect to the provisions of this Act, the Ce~?trzl Power to Government may, by general or special order published in the Official Gazette, make such ~ ~ ~ O v e

provisions not inconsistent with the provisions of this Act as appear to it to be necessary or difficulties

expedient for the removal of the difficulty:

Provided that no such order shall be made after the expiry of a period oftwo years from the date of the commencement of this Act.

(2) Every order made under this section shall as soon as may be after it is made, be laid before each House of Parliament.

VK. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI-2010.

/ 8

t i/

7 h @ ‘fin fto ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10 4

PART I1 - Section 1 ~*~ PUBLISHED BY AUTHORITY

Ti0 411 .r;f %?dl fkM7 4, 2010 1 'W 13, 1932 No. 411 NEW DELHI, SATURDAY, SEPTEMBER 4,2010 / BHADRA 13,1932

Separate paging is given to this Part in order that it may be filed as a separate compilation. -

MTNISTRY OF LAW AND JUSTICE (Legislative Department)

New Deliti, September 4,20 1 O/Bhadra 13,1932 (Saka)

The following Act of Parliament received the assent of the President on the 4th September, 2010, and is hereby published for general information:-

THE INDIAN MEDICAL COUNCIL (AMENDMENT) ACT, 20 10

No. 32 OF 2010 [4th September, 20 10 .]

An Act further to amend the Indian Medical Council Act, 1956.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. (I) This Act may be called the Indian Medical Council (Amendment) Act, 201 0. Short title and commencement.

(2) It shall be deemed to have come into force on the 15th day of the May, 2010.

102 of 1956. 2. After section 3 of the Indian Medical Council Act, 1956 (hereinafter referred to as Insertion of new

the principal Act), the following sections shall be inserted, namely:- sections 3A, 3 8 and 3C.

'3A. (1) On and from the date of commencement of the Indian Medical Council Power of (Amendment) Act, 2010, the Council shall stand superseded and the President, Vice-

Government to President and other rriembers of the Council shall vacate their offices and shall have supersede the no claim for any compensation, whatsoever. Council and ro

constitute a (2) The Council shall be reconstituted in accordance with the provisions of Board of

section 3 within a period of one year from the date of supersession of the council Governors. under sub-section (1).

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART U- a

(3) Upon the supersession of theounci l under sub-section (I) and until a new Council is constituted in accordance with section 3, the Board of Governors constituted under sub-section (4 ) shall exercise the powers and perform the functions of the Council under this Act.

(4 ) The Central Government shall, by notification in the OGcial Gazette, constitute the Board of Governors which shall consist of not mowhan seven persons as its members, who shall be persons of eminence and of unimpeachable integrity in the fields of medicine and medical education, and who may be either nominated members or members, ex officio, to be appointed by the Central Government, one of whom shall be named by the Central Government as the Chairperson of the Board of Governors.

(5) The Chairperson and the other members, other than the members, ex officio, shall be entitled to such sitting fee and travelling and other allowances as may be determined by the Central Government.

(6) The Board of Governors shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as is applicable to the Council.

(7) Two-third of the members of the Board of Governors shall constitute the quorum for its meetings.

(8) No act or proceedings of the Board of Governors shall be invalid mirely by reason of-

Certain modifications of the Act.

Power of Central Government to give directions.

( a ) any vacancy in, or any defect in the constitution of, the Board of Governors; or

(6 ) any irregularity in the procedure of the Board of Governors not affecting the merits of the case.

(9) A member having any financial or other interest in any matter coming before the Board of Governors for decision shall disclose his interest in the matter before he may, if allowed by the Board of Governors, participate in such proceedings.

(10) The Chairperson and the other members of the Board of Governors shall hold office during the pleasure of the Central Government.

3B. During the period when the Council stands superseded,-

(a) the provisions ofthis Act shall be construed as if for the word "Council", the words "Board of Governors" were substituted;

(6 ) the Board of Governors shall-

(i) exercise the powers and discharge the functions of the Council under this Act and for this purpose, the provisions of this Act shall have effect subject to the modification that references therein to the Council shall be construed as references to the Board of Governors;

(ii) grant independently permission for establishment of new medical colleges or opening a new or higher course of study or training or increase in admission capacity in any course of study or training referred to in section 10A or giving the person or college concerned a reasonable opportunity of being heard as provided under section 10A without prior permission of the Central Government under that section, including exercise of the power to finally approve or disapprove the same; and

(iii) dispose of the matters pending with the Central Government under section 1 OA upon receipt of the same from it.

3C. ( I ) Without prejudice to the provisions ofthis Act, the Board ofGovernors or the Council after its reconstitution shall, in exercise of its powers and in the performance of its functions under this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it fiom time to time:

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3 1 I #

Provided that the Board of&overnors or the Council after its reconstitution shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.

(2) The decision of the Central Government whether a question is a matter of policy or not shall be final.'.

pr-

~ r d 2 of 2010. 3. ( I ) The Indian Medical Council (Amendment) Ordinance, 20 10, is hereby repealed. Repeal and saving.

(2) Notwithstanding the repeal of the Indian Medical Council (Amendment) ord . 2 of 2010. Ordinance, 201 0, 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.

0

V. K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD. NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

Ti+$ U" 330 t"Q-(~)04/0007/2003-10 REGlSTEllED NO. DL-(N)04/0007/2UO3-10

E2LTRAORDINARY W I I - m 1

PART H - Section 1 rrfim*mm

PUBLISHED BY AUTHORITY

#O 421 ;ff m, m, $ZFR 4, 2010 / 13, 1932 No. 421 NEW DELHI, SATlrRDAY, SEPTEMBER 4,201 0 1 BHADRA 13,1932

w p l ~ r l * m ~ ~ * ~ B m R ~ r n ~ $ m 4 m w * l Separate paging is given fo this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, September 4,20lO/Bhadra 13,1932 (Saka)

The following Act of Parliament received the assent of the President on the 4th September, 2010, and is hereby published for general information:-

THE JHARKHAND PANCHAYAT RAJ (AMENDMENT) ACT, 20 10

No. 33 OF 2010 [4th Septembei; 20 10.1

An Act further to amend the Jharkhand Panchayat Raj Act, 200 1.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. (I) This Act may be called the Jharkhand Panchayat Raj (Amendment) Act, 2010. Short title, extent and

(2) It extends to the whole of the State of Jharkhand. commencement.

(3) it shall be deemed to have come into force on the 15th day ofApril, 201 0.

Jharkhand ~ c t 2. In the Jharkhand Panchayat Raj Act, 2001 (hereinafter referred to as the principal Amendment of 6 of 2001. ~ ~ t ) , - sections 17, 36

and 51. (a) in section 17,-

(i) in Part (A), in sub-sections (3) and (4), for the words, figures and letters "at least 1/3rd", the words "not less than fifty per cent." shall be substituted;

(ii) in Part (B) , -

( A ) in sub-section (3), for the word, figures and letters "the 1/3rd", the words "not less than fifty per cent." shall be substituted;

2 THE GAZETTE OF lNDIA EXTRAORDINARY [PART II- --

(B) in sub-sectio,? (4, for the figures and letters "li3rdW, the words "not less than fifty per cent." shall be substituted;

(b) in section 36,-

( i ) in Part (A) , in sub-sections (3) and (4), for the word "one-third", the words "fifty per cent." shall be substituted;

(ii) in Part (B), in sub-sections (3) and (4, for the word "one-third", the words "not less than fifty per cent." shall be substituted;

(c) in section 5 1 ,- (i) in Part (A), in sub-sections (3) and (4), for the word "one-third", the

words "fifty per cent." shall be substituted;

(ii) in Part (B), in sub-sections (3) and (4), for the word "one-third", the words "not less than fifty per cent." shall be substituted.

A m e n d m e n t 3. In section 21 of the principal Act,- o i section 21.

(a) in Part (A),-

(i) in the heading, the words "and Up-Mukhia" shall be omitted;

(ii) for sub-section (I), the following sub-section shall be substituted, namely:-

' (I) The following procedure shall be followed in respect of reservation for the candidates belonging to the Scheduled Castes and the Scheduled Tribes, namely:-

"(i) In General Areas (Non-Scheduled Areas), the posts of Mukhia shall be reserved for the candidates belonging to the Scheduled Castes and the Scheduled Tribes in proportion of their population and such posts shall be allotted by rotation in the prescribed manner to different constituencies by the State Election Commission.

(ii) In case of less than fifty per cent. reservation of posts for the Scheduled Castes and the Scheduled Tribes candidates, rest of the posts shall be reserved for the Other Backward Classes in proportion of their population but in any case the total number of posts reserved for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes shall not exceed more than fifty per cent. of the total posts.

(iii) Out of the total posts reserved under clauses (i) and (ii) of this sub-section, not less than fifty per cent. of the posts shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes.

(iv) Not less than fifty per cent, of the total posts of Mukhia (including the posts reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes) shall be reserved for women candidates and such posts shall be duly allotted by rotation by the State Election Commission in different Gram Panchayats of the Panchayat Samiti." ';

(b) in Part (B),-

( i ) in the heading, the words "and Up-Mukhia" shall be omitted;

(ii) in sub-section (ii), for the word "one-third", the words "fifty per cent." shall be substituted.

Amendment of 4. In section 22 of the principal Act, for clause ( 4 , the following clause shall be section 22. substituted, namely:-

" ( 4 the posts of Up-Mukhia in General Areas as well as in the Scheduled Areas

SEC. 11 THE GAZE?TE OF INDIA EXTRAORDINARY - 3 --

shall be kept unreserved or shall be dealt with in accordance with the provisions made by the State Government.".

5. In section 40 of the principal Act,- Amendment of section 40.

(a) in Part (A), for sub-section (I), the following sub-section shall be substituted, namely:-

'(I) Reservation for the candidates belonging to the Scheduled Castes and the Scheduled Tribes for the posts of Pramukh shall be in the following manner:-

"(i) In General Areas (Non-Scheduled Areas), the total number of posts ofPramukh ofthe district shall be reserved for the Scheduled Castes and the Scheduled Tribes candidates in proportion of their population and such posts shall be allotted by rotation to different constituencies by the State Election Commission.

(ii) In case of less than fifty per cent. reservation of posts for the Scheduled Castes and the Scheduled ~ r i b e s candidates, the rest of the posts shall be reserved for the Other Backward Classes in proportion of their population in the area, but in any case, the posts of Pramukh reserved for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes candidates shall not exceed fifty per cent. of the total posts.

(iii) Out of the total posts reserved under clauses (i) and (ii), not less than fifty per cent. shall be reserved for women candidates belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes.

(iv) Not less than fifty per cent. of the total posts of Pramukh in the district (including posts reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes) shall be reserved for women candidates and such posts shall be allotted by rotation by the State Election Commission in the prescribed manner inthe light of total posts of Pramukh of the district.

(v) The posts of Up-Pramukh shall be kept unreserved or shall be dealt with in accordance with the provisions made by the State Government." ';

(b) in Part (B), for the word "one-third", the words "fifty per cent." shall be substituted.

6. In section 55 of the principal Act,- Amendment of section 55.

(a) in Part (A), for sub-section (I), the following sub-section shall be substituted, namely:-

'(I) The following procedure shall be followed in respect of reservation for the candidates belonging to the Scheduled Castes and the Scheduled Tribes, namely:-

"(i) In General Areas (Non-Scheduled Areas), the total number of posts of Adhyaksha of Zila Parishad shall be reserved for the Scheduled Castes and the Scheduled Tribes candidates in proportion of their population in the State and such posts shall be allotted by rotation by the State Election Commission in the prescribed manner in different constituencies:

Provided that if the total number of Adhyaksha belonging to the Scheduled Tribes in the Scheduled Areas is beyond the proportion of their population in the State, fbrther reservation shall not be provided.

4 THE GAZETTE OF INDIA EXTRAORDINARY [ P ~ T II-

(ii) In case of less than fifty per cent. reservation of posts of Adhyaksha of Zila Parishad for the Scheduled Castes and the Scheduled Tribes candidates, rest of the vacant posts shall be reserved for the Other Backward Classes in proportion oftheir population in the State, but in any case the posts of ~dhyaksha of Zila Parishad reserved for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes candidates shall not exceed fifty per cent. of total posts ofAdhyaksha of Zila Parishad.

(iiz') Out of the total posts reserved under clauses (i) and (ii) of this sub-section, not less than fifty per cent. shall be reserved for women candidates belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes.

(iv) Not less than fifty per cent. of the total posts ofAdhyaksha of Zila Parishad (including posts reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes) shall be reserved for women candidates and such posts shall be allotted by rotation by the State Election Commission in the prescribed manner in the light of the total number of posts of Adhyaksha of Zila Parishad in the State.

( v ) Posts of Upadhyaksha of Zila Parishad shall be kept unreserved or shall be dealt with in accordance with the provisions made by the State Government." ' ;

(b) in Part (B), for the word "one-third", the words "fifty per cent." shall be substituted.

Amendment of 7. In section 66 of the principal Act, aiter sub-section ( 4 ) , the following sub-section section 615. shall be inserted, namely:-

"(5) The State Election Commission shall have discretion to initiate suitable action on examination of report submitted by Observer or on receipt of allegations of irregularities in Panchayat elections and such action may include countermanding of election, stay on election and stay on counting of votes.".

Amendment 8. In section 67 of the principal Act, in sub-section (3), after clause (ii), the following section 67. clause shall be inserted, namely:-

"(iia) For free and fair conduct of Panchayat elections, the State Election Commission, in consultation with the State Government, shall appoint General and Expenditure Observer, who shall supervise the entire electioil process and shall submit their report to the State Election Coinmission.".

Insertion of 9. After section 68 of the principalAct, the following section shall be inserted, namely:- new section 68A.

Special "68A. In case any doubt arises or inadequacy is felt in giving effect to any provision provision of this Act in respect of preparation of electoral rolls or conduct of elections, relating to interpretations. the provisions of the Representation of the People Act, 1950 or the Representation of 43 of 1950.

the People Act, 195 1 and the rules made thereunder, as the case may be, shall mutatis 43 of 195 1 . nzutandis apply.".

Repeal and 10. (1) The Jharkhand Panchayat Raj (Amendment) Ordinance, 2010, is hereby repealed. Jharkhand Ord. saving. 1 of 2010.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDTNARY 5 -

(2) Notwithstanding the repeal of the Jharkhand Panchayat Raj (Amendment) Jharkhand Ord. Ordinance, 20 10, anything done or any action taken under the principal Act, as amended by ' 2010. the said Ordinance, shall be deemed to have been done or taken under the principal Act, as

amended by this Act.

V. K. BHASIN, Secy. to the Govt, of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

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PUBLISHED BY AUTHORITY

do 431 3$ kFb , -4~i, ikWl7 9, 2010 1 Om 18, 1932 No. 431 NEW DELHI, THURSDAY, SEPTEMBER 9,2010 1 BHADRA 18,1932

~ o r m 3 f P y ; ; l p s a h d M % ~ f $ ; a m m + ~ 3 i ~ w r ~ 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 9th September, 20 1 O/Bhadra 1 8,1932 (Saka)

The following Act of Parliament received the assent of the President on the 8th September, 2010, and is hereby published for general information:-

THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 20 10

No. 34 OF 2010 [8th September, 20 10.1

An Act W e r to amend the Mines and Minerals (Development and Regulation) Act, 1957.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. ( I ) This Act may be called the Mines and Minerals (Development and Regulation) she* titlesand Amendment Act, 20 10. commence-

ment. (2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

67 of 1957. 2. In the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter Insertion of referred to as the principal Act), after section 11, the following section shall be inserted, namely:- new section

11A

'11A. The Central Government may, for the purpose of granting reconnaissance Procedure in permit, prospecting licence or mining lease in respect of an area containing coal or respect of coal

or lignite.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

lignite, select, through auction by competitive bidding on such terms and conditions as may be prescribed, a company engaged in,-

(4 production of iron and steel;

(ii) generation. of power;

(iii) washing of coal obtained fiom a mine; or . . (iv) such other end use as the Central Government may, by notification in

the Official Gazette, specifi,

and the State Government shall grant such reconnaissance permit, prospecting!cence or mining lease in respect of coal or lignite to such company as selected though auction by competitive bidding under this section:

Provided that the auction by competitive bidding shall not be applicable to an area containing coal or lignite,-

(a) where such area is considered for allocation to a Government company or corporation for mining or such other specified end use;

(b) where such area is considered for allocation to a company or corporation that has been awarded a power project on the basis of competitive bids for tariff. (including Ultra Mega Power Projects).

Explanation.-For the purposes of this section, "company" means a company as defined in section 3 of the Companies Act, 1956 and includes a foreign company 1 of 1956.

within the meaning of section 59 1 of that Act. '.

Amendment of 3. In section 13 of the principal Act, in sub-section (2), after clause (c), the following section 13. clause shall be inserted, namely:-

"(4 the terms and conditions of auction by competitive bidding for selection of the company under section 11A;".

V. K. BHASIN, Secy. to the Govt. of India.

CORRJGENDA In the Foreign Trade (Development and Regulation) Amendment Act, 2010

(No. 25 of 20 lo), as published in the Gazette of India, Extraordinary, Part 11, Section 1, dated the 20th August, 201 0 (Issue No. 33),-

(1) at page 2, line 43, for "convenant", read "covenant";

(2) at page 5, line 46, for "import of export", read "import or export";

(3) at page 6,-

(a) line 20, for "class or classes or cases", read "class or classes of cases";

(b) line 37, for "Deputy Commissioner or customs", read " Deputy Commissioner of customs";

(4) at page 8, line 26, for "import of export or specified", read "import or export of specified";

(5) at page 9, line 37, for "of the section", read "of section".

PRINTED BY THE GENERAL MANAGER GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS. DELHI-2010.

lf3et -fi. 30 ~~(~04/0007/2003-10 REGISTERED NO. DL-(N104/0007/2003-10

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do 441 3$ m, fhWR 9,2010 I WC 18, 1932 No. 441 NEW DELHI, THURSDAY, SEPTEMBER 9,2010 I BHADRA 18,1932

w m i f ~ ~ ~ - i t - . i f i ? i t % ~ % a m f l h m l ~ w i f ~ ~ i n d ~ Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW ANID JUSTICE (Legislative Department)

New Delhi, the 9th September, 2010/Bhadra 18, 1932 (Saku)

The following Act of Parliament received the assent of the President on the 8th September, 2010, and is hereby published for general information:-

THE ESSENTIAL COMMODITIES (AMENDMENT) ACT, 20 10

No. 35 OF 2010 [8th September, 2010.1

An Act further to amend the Essential Commodities Act, 1955.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. This Act may be called the Essential Commodities (Amendment) Act, 2010. Short title.

2. In section 3 of the Essential Commodities Act, 1955, in sub-section (3C), the Amendment Explanation shall be numbered as Explanation I, and after Explanation I as so numbered, Of Section Of

Act 10 of the following Explanation shall be inserted and shall be deemed to have been inserted, with 1955. effect from the 1 st day of October, 2009, namely:-

'Explanation I].-For the removal of doubts, it is hereby declared that the expressions "fair and remunerative price" referred to in clause (a), "manufacturing cost of sugar" referred to in clause (b) and "reasonable return on the capital

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11 -

employed" referred to in clause (4, of this sub-section do not include the price paid or payable under any order or any enactment of any State Government and any price agreed to between the producer and the grower or a sugarcane growers' co-operative society.'.

V. K . BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DElHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

7kd U' fio" W-(~~04/0007/2003-10 REGISTERED NO. DL-IN~04/0007/2003-I 0

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PART Ii - Section 1 flm+lmTfki

PUBLISHED BY AUTHORITY

Tio 451 7$ ?$?'?I?, JW, f&FR 22, 2616 1 W3 31, 1932 No. 451 NEW DELHI, WEDNESDAY, SEPTEMBER 22,2010 1 BHADRA 31,1932

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OFLAW AND JUSTICE (Legislative Department)

New Delhi, the 22ndSeptember, 2010/Bhadra 3 1,1932 (Saka)

The following Act of Parliament received the assent of the President on the 21st September, 2010, and is hereby published for general information:-

THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 201 0

No. 36 OF 2010

An Act Wher to amend the Representation of the People Act, 1950. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. (I) This Act may be called the Representation of the People (Amendment) Act, 2010.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

43 of 1950. 2. In theRepresentation of the People Act, 1950 (hereinafter referred to as the principal Act), after section 20, the following section shall be inserted, namely:-

"20A. (1) Notwithstanding anything contained in this Act, every citizen of India,--

Short title and commencement.

Insertion of new section 20A.

Special provisions for citizens of India residing outside India.

2 THE GAZETTE OF INDIA EXTRAORDlNARY [PART 11-SEC. I]

(a) whose name is not included in the electoral roll;

(b) who has not acquired the citizenship of any other country; and

(c) who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not),

shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.

(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section ( I ) shall be such as may be prescribed.

(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.".

Amendment of 3. In section 22 of the principal Act,- section 22.

(a) after the words "amend, transpose or delete the entry", the words "after proper verification of facts in such manner as may be prescribed" shall be inserted;

(bj in the proviso, after the words "proposed to be taken in relation to him", the words "after proper verification of facts in such manner as may be prescribed" shall be inserted.

Amendment of 4. In section 23 ofthe principal Act, in sub-section (2),- section 23.

(a) after the words "direct his name to be included therein", the words "after proper verification of facts in such manner as may be prescribed" shall be inserted;

(b) in the proviso, after the words "strike off the applicant's name in that roll", the words "after proper verification of facts in such manner as may be prescribed" shall be inserted.

Amendment of 5. In section 28 ofthe principal Act, in sub-section (2), after clause (h), the following 28. clauses shall be inserted, namely:-

"(hh) the procedure for proper verification of facts for amending, transposing or deleting any entry in the electoral rolls, under section 22;

(hhh) the procedure for proper verification of facts for inclusion of or striking off, names in the electsra! rs!!s, under sub-sectisn (2) of sectior. 23;".

V. K. BHASIN, Secy. to the Govt, of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD. NEW DELHl AND PUBLISI-IED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

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PLBLISHED BY AUTHORITY

?b 461 ;Tif f$~8, 3m, f k ~ ~ 22, 2 0 1 0 1 ~ 31, 1932 No. 46) NEW DELHI, WEDNESDAY, SEPTEMBER 22,2010 1 BHADRA 31,1932

mo~miffmpsamitm%m%-9~:m~*wifm~'FFii: l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 22nd September, 20 1 O/Bhadra 3 1, 1932 (Saka)

The following Act of Parliament received the assent of the President on the 2 1 st September, 2010, and is hereby published for general information:-

THE SALARY, ALLOWANCES AND PENSION OF MEMBERS OF PARLIAMENT (AMENDMENT) ACT, 20 1 0

No. 37 OF 2010 [2 1st September, 2010.1

An Act further to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

, 1. ( I ) This Act may be called the Salary, Allowances and Pension of Members of Short title and

Parliament (Amendment) Act, 20 10. cornrnencenient

(2) Save as otherwise provided, 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.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- -

Amendment 2. In the Salary,Allowances and Pension ofMembers ofParliamentAct, 1954 (hereinafter 30 of 1954.

of section 3. referred to as the principal Act), in section 3,-

(i) for the words "a salary at the rate of sixteen thousand rupees per mensem", the words "a salary at the rate of fifty thousand rupees per mensem" shall be substituted;

(ii) for the words "an allowance at the rate of one thousand rupees for each day", the words "an allowance at the rate of two thousand rupees for each day" shall be substituted;

(iii) for the second proviso, the following proviso shall be substituted, namely:-

"Provided further that the rates of salary specified in this section shall be applicable from the 18th day of May, 2009.".

Amendtnelit of 3. In the principal Act, in section 4, in sub-section (I),- section 4 .

(i) in sub-clause (ii) of clause (c), for the words "a road mileage at the rate of thirteen rupees per kilometre", the words "a road mileage at the rate of sixteen rupees per kilometre" shall be substituted;

(ii) for the first proviso, the following proviso shall be substituted, namely:-

"Provided that when Psrliament is in session and the spouse of a Member, if any, performs such journey or part thereof by road, unaccompanied by such Member, in respect of which such spouse has been allowed to travel by air or partly by air and partly by rail from the usual place of residence of the Member to Delhi or back under sub-section (2) of section 6B, the road mileage prescribed under this sub-clause shall be allowed to such Member for such journey or part thereof, subject to the condition that the total number of such journeys shall not exceed eight in a year;";

(iii) the third proviso shall be omitted.

Amendment of 4. In the principal Act, in section 6B, for sub-section (2), the following sub-section section 6 8 , shall be substituted, namely:-

"(2) Notwithstanding anything contained in clause (ii) of sub-section (I), the spouse of a Member shall be entitled to travel,-

(a) any number of times, by railway in first class air-conditioned or executive class in any train from the usual place of residence of the Member to Delhi and back; and

(b) when Parliament is jn session, by air or partly by air and partly by rail, from the usual place of residence ofthe Member to Delhi or back, subject to the condition that the total number of such air journeys shall not exceed eight in a year:

Provided that where any such journey or pan thereof is performed by air from any place other than the usual place of residence of the Member to Delhi and back, then, such spouse shall be entitled to an amount equal to the fare by air for such journey or part thereof, as the case may be, or to the amount equal to the journey performed by air from the usual place of residence of the Member to Delhi and back, whichever is less.".

Amendment of 5. In the principal Act, in section 8A, for sub-section (l), the following sub-section 8A. shall be substituted, namely:-

'(I) With effect from the 18th day of May, 2009, there shall be paid a pension of twenty thousand rupees per mensem to every person who has served for any period

' as a Member of the provisional Parliament or either House of Parliament:

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3

Provided that where a person has served as a Member ofthe Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of fifteen hundred rupees per mensem for every year served in excess of five years.

Explanation.- For the purpose of this sub-section, "Provisional Parliament" shall include the body which functioned as the Constituent Assembly ofthe Domiriion of India immediately before the commencement of the Constitution.'.

6 . In the principal Act, in section 8B, for the words "one lakh rupees", the words "four Amendment of lakh rupees" shall be substituted. section 8 8 .

V. K. BHASIN, Secy. to the Govt, of India.

CORRIGENDUM

In the Legal Metrology Act, 2009 (No. 1 of 2010), as published in the Gazette of India, Extraordinary, Part 11, Section 1, dated the 14th January, 2010 (Issue No. I),-

At Page 12, line 19, for "52", read"53".

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76E$ Tio an ~ p , ( ~ ) 0 4 / 0 ~ 0 7 / 2 0 ~ 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10

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PART I1 -- Section 1 m*m

PUBLISHED BY AUTHORITY

-fi. 471 ;Tf m, JWTX, f&TW 22, 2010 1 31, 1932 No. 47) NEW DELHI, WEDNESDAY, SEPTEMBER 22,2010 / BHADRA 31,1932

~ ~ f l r ~ ~ C . f 0 ~ ; 7 ~ m i f ~ t m f $ ; w m m * w ~ r n ~ * l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 22ndSeptember, 20 10/Bhadi-a 3 1,1932 (Saka)

The following Act of Parliament received the assent of the President on the 2 1 st September, 20 10, and is hereby published for general information:-

THE CIVIL, LIABEITY FOR NUCLEAR DAMAGE ACT, 201 0

No. 38 OF 2010 [2 1st Septembei; 20 10.1

An Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime cl~anneling liability to the operator, appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-first year ofthe Republic of India as follows:-

CHAPTER I

1. (1) This Act may be called the Civil Liability for Nuclear Damage Act, 2010. Short title, extent,

(2) It extends to the whole of India.

(3 ) It also applies to nuclear damage suffered-.

application and commencement.

(a) in or over the maritime areas beyond the territorial waters of India;

3 - THE GAZETTE OF lNDIA EXTRAORDINARY [PART II- --

(6) in or over the exclusive economic zone of India as referred to in section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976; 80 of 1976

(c) on board or by a ship registered in India under section 22 of the Merchant Shipping Act, 1958 or under any other law for the time being in force; 44 of 1958.

(d) on board or by an aircraft registered in India under clause (d) ofsub-section (2) of section 5 ofthe AircraftAct, 1934 or under any other law for the time being in force; 22 of 1934

(e) on or by an artificial island, installation or structure under the jurisdiction ofIndia.

(4) It applies only to the nuclear installation owned or controlled by the Central Government either by itself or through any authority or corporation established by it or a Government company.

Explanation.-For the purposes of this sub-section, "Government company" shall have the same meaning as assigned to it in clause (bb) of sub-section (I) of section 2 of the Atomic Energy Act, 1962. 33 of 1962

(5) It shall come into force on such date as the Central Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

3efinltions. 2. In this Act, unless the context otherwise requires,-

(a) "Chairperson" means the Chairperson of the Commission appointed under sub-section ( I ) of section 20;

(b) "Claims Commissioner" means the Claims Commissioner appointed under sub-section (2) of section 9;

(c) "Commission" means theNuclear Damage Claims Commission established under section 19;

(d) "environment" shall have the same meaning as assigned to it in clause (a) of section 2 of the Environment (Protection) Act, 1986; 29 of 1986

(e) "Member" means a Member of the Commission appointed under sub-section ( I ) of section 20;

u> "notification" means a notification published in the Official Gazette and the term "notify" shall be construed accordingly;

(g) "nuclear damage" means-

(i) loss of life or personal injury (including immediate and long term health impact) to a person; or

(ii) loss of, or damage to, property,

caused by or arising out of a nuclear incident, and includes each of the following to the extent notified by the Central Government;

(iii) any economic loss, arising from the loss or damage referred to in sub-clauses (i) or (ii) and not included in the claims made under those sub-clauses, if incurred by a person entitled to claim such loss or damage;

(iv) costs of measures of reinstatement of impaired environment caused by a nuclear incident, unless such impairment is insignificant, if such measures are actually taken or to be taken and not included in the claims made under sub-clause (il);

(v) loss of income derived from an economic interest in any use or enjoyment ofthe environment, incurred as a result of a significant impairment of that environment caused by a nuclear incident, and not included in the claims under sub-clause (ii);

(vi) the costs of preventive measures, and further loss or damage caused by such measures;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3

(vii) any other economic loss, other than the one caused by impairment of the environnlent referred to in sub-clauses (iv) and (v), in so far as it is permitted by the general law on civil liability in force in India and not claimed under any such law,

in the case of sub-clauses (i) to (v) and (vii) above, to the extent the loss or damage arises out of, or results from, ionizing radiation emitted by any source of radiation inside a nuclear installation, or emitted from nuclear fuel or radioactive products or waste in, or of, nuclear material coming from, originating in, or sent to, a nuclear installation, whether so arising from the radioactive properties of such matter, or from a combination of radioactive properties with toxic, explosive or other hazardous properties of such matter;

(h) "nuclear fuel" means any material which is capable of producing energy by a self-sustaining chain process of nuclear fission;

(i) "nuclear incident" means any occurrence or series of occurrences having the same origin which causes nuclear damage or, but only with respect to preventive measures, creates a grave and imminent threat of causing such damage;

(j) "nuclear installation" means-

( A ) any nuclear reactor other than one with which a means of transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose;

(B) any facility using nuclear fuel for the production of nuclear material, or any facility for the processing of nuclear material, including re-processing of irradiated nuclear fuel; and

(C) any facility where nuclear material is stored (other than storage incidental to the carriage of such material).

Explanation.-For the purpose of this clause, several nuclear installations of one operator which are located at the same site shall be considered as a single nuclear installation;

(k) "nuclear material" means and includes-

( i ) nuclear fuel (other than natural uranium or depleted uranium) capable of producing energy by a self-sustaining chain process of nuclear fission outside a nuclear reactor, either by itself or in combination with some other material; and

(ii) radioactive products or waste;

(I) "nuclear reactor" means any structure containing nuclear fuel in such an arrangement that a self-sustaining chain process of nuclear fission can occur therein without an additional source of neutrons;

(m) "operator", in relation to a nuclear installation, means the Central Government or any authority or corporation established by it or a Government company who has been granted a licence pursuant to the Atomic Energy Act, 1962 for the operation of that installation;

(n) "prescribed" means prescribed by rules made under this Act;

(0) "preventive measures" means any reasonable measures taken by a person after a nuclear incident has occurred to prevent or minimise damage referred to in sub-clauses (i) to (v) and (vii) of clause (g), subject to the approval of the Central Government;

(p) "radioactive products or waste" means any radioactive material produced in, or any material made radioactive by exposure to, the radiation incidental to the production or utilisation of nuclear fuel, but does not include radioisotopes which have reached the final stage of fabrication so as to be usable' for any scientific, medical, agricultural, commercial or industrial purpose;

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

(q) "Special Drawing Rights" means Special Drawing Rights as determined by the International Monetary Fund.

CHAPTER I1

Atonlir: Energy 3. (1) The Atomic Energy Regulatory Board constituted under the Atomic Energy ~ c t , 1962 shall, within a period of fifteen days from the date of occurrence of a nuclear 33 of 1962

Board to notify nuclear incident, notify such nuclear incident: incident. Provided that where the Atomic Energy Regulatory Board is satisfied that the gravity

of threat and risk involved in a nuclear incident is insignificant, it shall not be required to notify such nuclear incident.

(2) The Atomic Energy Regulatory Board shall, immediately after the notification under sub-section ( I ) is issued, cause wide publicity to be given to the occurrence of such nuclear incident, in such manner as it may deem fit.

Liability of 4. (1) The operator ofthe nuclear installation shall be liable for nuclear damage caused operator. by a nuclear incident -

(a) in that nuclear installation; or

(b) involving nuclear material coming from, or originating in, that nuclear installation and occurring before -

( i ) the liability for nuclear incident involving such nuclear material has been assumed, pursuant to a written agreement, by another operator; or

( i i ) another operator has taken charge af such nuclear material; or

( i i i ) the person duly authorised to operate a nuclear reactor has taken charge of the nuclear material intended to be used in that reactor with which means of transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose; or

( iv) such nuclear material has been unloaded from the means of transport by which it was sent to a person within the territory of a foreign State; or

(c) involving nuclear material sent to that nuclear installation and occurring after-

( i ) the liability for nuclear incident involving such nuclear material has been transferred to that operator, pursuant to a written agreement, by the operator of another nuclear installation; or

(ii) that operator has taken charge of such nuclear material; or

( i i i ) that operator has taken charge of such nuclear material from a person operating a nuclear reactor with which a means of transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose; or

( iv) such nuclear material has been loaded, with the written consent of that operator, on the means of transport by which it is to be carried from the territory of a foreign State.

(2) Where more than one bperator is liable for nuclear damage, the liability of the operators so involved shall, in so far as the damage attributable to each operator is not separable, be joint and several:

Provided that the total liability of such operators shall not exceed theextent of liability specified under sub-section (2) of section 6. .

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5

(3 ) Where several nuclear installations of one and the same operator are involved in a nuclear incident, such operator shall, in respect of each such nuclear installation, be liable to the extent of liability specified under sub-section (2) of section 6.

(4) The liability of the operator of the nuclear installation shall be strict and shall be based on the principle of no-fault liability.

Explanation.- For the purposes of this section,- (a ) where nuclear damage is caused by a nuclear incident occurring in a nuclear

installation on account oftemporary storage of material-in-transit in such installation, the person responsible for transit of such material shall be deemed to be the operator;

( b ) where a nuclear damage is caused as a result of nuclear incident during the transportation of nuclear material, the consignor shall be deemed to be the operator;

(c) wherz any written agreement has been entered into between the consignor and the consignee or, as the case may be, the consignor and the carrier of nuclear material, the person liable for any nuclear damage under such agreement shall be deemed to be the operator;

(6) where both nuclear damage and damage other than nuclear damage have been caused by a nuclear incident or, jointly by a nuclear incident and one or more other occurrences, such other damage shall, to the extent it is not separable from the nuclear damage, be deemed to be a nuclear damage caused by such nuclear incident. 5. (1) An operator shall not be liable for any nuclear damage where such damage is Operator not

caused by a nuclear incident directly due to- liable in certain

( i ) a grave natural disaster of an exceptional character; or circumstances. (ii) an act of armed conflict, hostility, civil war, insurrection or terrorism.

(2) An operator shall not be liable for any nuclear damage caused to- (i) the nuclear installation itselfand any other nuclear installation including a nuclear

installation under construction, on the site where such installation is located; and (ii) to any property on the same site which is used or to be used in connection

with any such installation; or

(iii) to the means of transport upon which the nuclear material involved was carried at the time of nuclear incident:

Provided that any compensation liable to be paid by an operator for a nuclear damage shall not have the effect of reducing the amount of his liability in respect of any other claim for damage under any other law for the time being in force.

(3 ) Where any nuclear damage is suffered by a person on account of his own negligence or from his own acts of commission or omission, the operator shall not be liable to such person.

6. (1) The maximum amount of liability in respect of each nuclear incident shall be the Lim~ts of rupee equivalent ofthree hundred million Special Drawing Rights or such higher amount as liability.

the Central Government may specify by notification:

Provided that the Central Government may take additional measures, where necessary, if the compensation to be awarded under this Act exceeds the amount specified under this sub-section.

(2) The liability of an operator for each nuclear incident shall be- (a ) in respect of nuclear reactors having thermal power equal to or above ten

MW, rupees one thousand five hundred crores;

(b) in respect of spent fuel reprocessing plants, rupees three hundred crores; (c) in respect of the research reactors having thermal power below ten MW, fuel

cycle facilities other than spent he1 reprocessing plants and transportation of nuclear materials, rupees one hundred crores: Provided that the Central Government may review the amount of operator's liability

from time to time and specify, by notification, a higher amount under this sub-section: Provided further that the amount of liability shall not include any interest or cost of

proceedings.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

i iabil i~y or Central Government.

Operator to maintain insurance or financial securities.

Compensation for nuclear damage 2nd its adjudication.

Qualifications for appointment as Claims Commissioner.

Salary, allowances and other terms and conditions of service of Claims Commissioner.

7. ( I ) The Central Government shall be liable for nuclear damage in respect of a nuclear incident, -

(a) where the liability exceeds the amount of liability of an operator specified under sub-section (2) of section 6, to the extent such liability exceeds such liability of the operator;

(6) occurring in a nuclear installation owned by it; and

(c) occurring on account of causes specified in clauses ( i ) and (ii) of sub-section ( I ) of section 5:

Provided that the Central Government may, by notification, assadme full liability for a nuclear installation not operated by it if it is of the opinion that it is necessary in public interest.

(2) For the purpose of meeting part of its liability under clause (a) or clause (c) of sub-section (I), the Central Government may establish a fund to be called the Nuclear Liability Fund by charging such amount of levy from the operators, in such manner, as may be prescribed.

8. (1) The operator shall, before he begins operation of his nuclear installation, take out insurance policy or such other financial security or combination of both, covering his liability under sub-section (2) of section 6 , in such manner as may be prescribed.

(2) The operator shall from time to time renew the insurance policy or other financial security referred to in sub-section (I), before the expiry of the period of validity thereof.

(3) The provisions of sub-sections ( I ) and (2) shall not apply to a nuclear installation owned by the Central Government.

Explanation.-For the purposes of this section, "financial security" means a contract of indemnity or guarantee, or shares or bonds or such instrument as may be prescribed or any combination thereof.

CHAPTER 111

CLAIMS COMMISSIONER ,

9. (1) Whoever suffers nuclear damage shall be entitled to claim compensation in accordance with the provisions of this Act.

(2) For the purposes of adjudicating upon claims for compensation in respect of nuclear damage, the Central Government shall, by notification, appoint one or more Claims Commissioners for such area, as may be specified in that notification.

10. A person shall not be qualified for appointment as a Claims Commissioner unless he-

(a) is, or has been, a District Judge; or

(b) in the service of the Central Government and has held the post not below the rank ofAdditiona1 Secretary to the Government of India or any other equivalent post in the Central Government.

11. The salary and allowances payable to and other terms and conditions of service of Claims Commissioner shall be such as may be prescribed.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 7

12. (1) Commissioner

For the purposes of adjudication of claims under this Act, the Claims Adjudication shall follow such procedure as may be prescribed. procedure and

powers of (2 ) For the purpose of holding inquiry, the Claims Commissioner may associate with Claims

him such persons having expertise in the nuclear field or such other persons and in such Co'nmlss'oner

manner as may be prescribed.

(3) Where any person is associated under sub-section (2), he shall be paid such remuneration, fee or allowance, as may be prescribed.

(4) The Claims Commissioner shall, for the purposes of discharging his hnctions under this Act, have the same powers as are vested in a civil court under the Code of Civil

5 of I 908. Procedure, 1908, while trying a suit, in respect ofthe following matters, namely:-

( a ) summoning and enforcing the attendance of any person and examining him on oath;

(6 ) the discovery and production of documents;

(c) receiving evidence on affidavits;

(4 requisitioning any public record or copies thereof from any court or office;

(e) issuing of commission for the examination of any witness;

V) any other matter which may be prescribed.

(5) The Claims Commissioner shall be deemed to be a civil court for the purposes of 2 of 1974. section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

CHAPTER N

13. After the notification of nuclear incident under sub-section ( I ) of section 3, the Claims Commissioner, having jurisdiction over the area, shall cause wide publicity to be given, in such manner as he deems fit, for inviting applications for claiming compensation for nuclear damage.

14. An application for compensation before the Claims Commissioner or the Commission, as the case may be, in respect of nuclear damage may be made by-

(a ) a person who has sustained injury; or

(b ) the owner of the property to which damage has been caused; or

(c) the legal representatives of the deceased; or

(4 any agent duly authorised by such person or owner or legal representatives.

15. (1 ) Every application for compensation before the Claims Commissioner for nuclear damage shall be made in such form, containing such particulars and accompanied by such documents, as may be prescribed.

(2) Subject to the provisions of section 18, every application under sub-section ( I ) shall be made within a period ofthree years from the date of knowledge of nuclear damage by the person suffering such damage.

16. (1) On receipt of an application under sub-section (I) of section 15, the Claims Commissioner shall, after giving notice of such application to the operator and affording an opportunity of being heard to the parties, dispose of the application within a period of three months from the date of such receipt and make an award accordingly.

Inviting application for claims by Claims Commissioner.

Person entitled to make application for nuclear damage.

Procedure for making application before Claims Commissioner.

Award by Cla~ms Commissioner.

(2 ) While making an award under this section, the Claims Commissioner shall not take into consideration any benefit, reimbursement or amount received by the applicant in pursuance of contract of insurance taken by him or for members of his family or otherwise.

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11--

Operator's right of recourse.

Extil~ction of right to claim.

Establishment of Nuclear Damage Claims Cornm~ssion.

Composition 0 f Comm~ssion.

(3) Where an operator is likely to remove or dispose of his property with the object of evading payment by him of the amount of the award, the Claims Commissioner may, in accordance with the provisions of rules 1 to 4 of Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908, grant a temporary injunction to restrain such act. 5 of 1908

(4 ) The Claims Commissioner shall arrange to deliver copies ofthe award to the parties within a period of fifteen days from the date of the award.

(5 ) Every award made under sub-section ( I ) shall be final.

17. The operator of the nuclear installation, after paying the compensation for nuclear damage in accordance with section 6 , shall have a right of recourse where-

(a) such right is expressly provided for in a contract in writing;

( b ) the nuclear incident has resulted as a consequence of an act of supplier or his employee, which includes supply of equipment or material with patent or latent defects or sub-standard services;

(c) the nuclear incident has resulted from the act of commission or omission of an individual done with the intent to cause nuclear damage.

18. The right to claim compensation for nuclear damage shall extinguish, ifsuch claim is not made within a period of-

( a ) ten years, in the case of damage to property;

(b) twenty years, in the case of personal injury to any person,

from the date of occurrence of the incident notified under sub-section ( I ) of section 3:

Provided that where a nuclear damage is caused by a nuclear incident involving nuclear material which, prior to such nuclear incident, had been stolen, lost, jettisoned or abandoned, the said period of ten years shall be computed from the date of such nuclear incident, but, in no case, it shall exceed a period of twenty years from the date of such theft, loss, jettison or abandonment.

CHAPTER v

19. Where the Central Government, having regard to the injury or damage caused by a nuclear incident, is of the opinion that it is expedient in public interest that such claims for such damage be adjudicated by the Commission instead of a Claims Commissioner, it may, by notification, establish a Commission for the purpose of this Act.

20. (1 ) The Commission shall consist of a Chairperson and such other Members, not exceeding six, as the Central Government may, by notification, appoint. '

(2) The Chairperson and other Members of the Commission shall be appointed on the recommendation of a Selection Committee consisting of three experts from amongst the persons having at least thirty years of experience in nuclear science and a retired Supreme Court Judge.

(3) A person shall not be qualified for appointment as the Chairperson of the Commission unless he has attained the age of fifty-five years and is or has been or qualified to be a Judge of a High Court:

Provided that no appointment of a sitting judge shall be made except after consultation with the Chief Justice of India.

( 4 ) A person shall not be qualified for appointment as a Member unless he has attained the age of fifty-five years and-

(a ) has held or is holding or qualified to hold, the post ofAdditional Secretary to the Government of India or any other equivalent post in the Central Government and

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 9.

possesses special knowledge in law relating to nuclear liability arising out of nuclear incident; or

(b) has been a Claims Commissioner for five years.

21. The Chairperson or a Member, as the case may be, shall hold office as such for a Term of term of three years from the date on which he enters upon his office and shall be eligible for office. re-appointment for another term of three years:

Provided that no person shall hold office as such Chairperson or Member after he has attained the age of sixty-seven years.

22. The salary and allowances payable to and other terms and conditions of service, Salary, including pension, gratuity and other retirement benefits, of the Chairperson and other aHowances

Members shall be sucll as may be prescribed: and other terms and

Provided that no salary, allowances and other terms and conditions of service of the of service of Chairperson'or other Members shall be varied to his disadvantage after his appointment. and Members.

23. If, for reasons other than temporary absence, any vacancy occurs in the office of Filling up of the Chairperson or Member, as the case may be, the Central Government shall appoint vacancies.

another person in accordance with the provisions of this Act to fill such vacancy and the proceedings may be continued before the Commission from the stage at which it was, before the vacancy is filled.

24. (1) The Chairperson or a Member may, by a notice in writing under his hand Resignation addressed to the Central Government, resign his office: and removal.

Provided that the Chairperson or the Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.

(2) The Central Government shall remove from office the Chairperson or a Member who-

(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

( 4 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 detrimental to the public interest:

Provided that no Member shall be removed under clause (4 or clause (e) unless he has been given an opportunity of being heard in the matter.

25. A person who, immediately before the date of assuming office as a Chairperson or Ctiairperson

a Member, was in service of the Government, shall be deemed to have retired from service on Or Member deemed to

the date on which he enters upon office as such, but his subsequent service as the Chairperson retire from or a Member shall be reckoned as continuing approved service counting for pension in service to which he belonged.

26. If a person who, immediately before the date of assuming office as the Chairperson Suspension of

or a Member was in receipt of or being eligible so to do, has opted to draw, a pension, other penS'On.

than a disability or wound pension, in respect of any previous service under the Central Government, his salary in respect of service as the Chairperson or a Member shall be reduced-

(a) by the amount of that pension; and

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Prohibition of acting as arbitrator. Prohibition of practice.

Powers of Chairperson

Officers and other employees of Colnmission.

Application for compensation before Commission.

Adjudication procedure and powers of Commission.

( 6 ) ifhe had, before assuming office, received, in lieu of a portion ofthe pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension.

27. No person shall, while holding office as a Chairperson or a Member, act as an arbitrator in any matter.

28. On ceasing to hold office, the Chairperson or a Member shall not appear, act or plead before the Commission.

29. The Chairperson shall have the power of superintendence in the general administration of the Commission and exercise such powers as may be prescribed.

30. (1 ) The Central Government shall provide the Commission with such officers and other employees as it may deem fit.

(2) The salary and allowances payable to and the terms and other conditions of service of officers and other employees of the Commission shall be such as may be prescribed.

31. (1 ) Every application for compensation before the Commission for nuclear damage shall be made in such form, containing such particulars and accompanied by such documents, as may be prescribed.

( 2 ) Subject to the provisions of section 18, every application under sub-section ( I ) shall be made within a period of three years from the date of knowledge of nuclear damage by the person suffering such damage.

32. ( 1 ) The Commission shall have original jurisdiction to adjudicate upon every application for compensation filed before it under sub-section ( I ) of section 3 1 or transferred to it under section 33, as the case may be.

( 2 ) Upon transfer of cases to the Commission under section 33, the Commission shall hear such applications from the stage at which it was before such transfer.

(3) The Chairperson may constitute benches comprising of not more than three Members of the Commission for the purpose of hearing of claims and any decision thereon shall be rendered by a majority of the Members hearing such claims.

(4) The Commission shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the 5 of 1908. other provisions of this Act and of any rules made thereunder, the Commission shall have the power to regulate its own procedure including the places and the times at which it shall have its sittings.

(5) The Conlmission 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 ofthe following matters, namely:- 5 of 1908.

(a) suinmoning and enforcing the attendance of any person and examining him on oath;

( 6 ) the discovery and production of documents;

(c) receiving evidence on affidavits;

(4 requisitioning any public record or copies thereof from any court or office;

(e) issuing of commission for the examination of any witness; '

V) any other matter which may be prescribed.

(6) The Commission shall, after giving notice of application to the operator and afier affording an opportunity of being heard to the parties, dispose of such application within a period of three months from the date of such receipt and make an award accordingly.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 11

(7) While making an award under this section, the Cominission shall not take into consideration any benefit, reimbursement or amount received by the applicant in pursuance of any contract of insurance or otherwise.

(8) Where an operator is likely to remove or dispose ofhis property with the object of evading payment by him of the amount of the award, the Commission may, in accordance with the provisions ofrules 1 to 4 of Order XXXIX ofthe First Schedule to the Code of Civil

5 of 1908. Procedure, 1908, grant a temporary injunction to restrain such act.

(9) The Commission shall arrange to deliver copies of the award to the parties concerned within a period of fiftggn days from the date of such award.

(10) Every award made under sub-section (6) shall be final.

33. Every application for compensation pending before the Claims Commissioner Transfer of

immediately before the date ofestablishment ofthe Commission under section 19 shall stand pending cases

transferred on that date to the Commission. t 0

Comm~ssion

34. Every proceeding before the Claims Commissioner or the Commission under this Proceedings Act shall be deemed to be judicial proceeding within the meaning of sections 193, 219 and before Claims

45 of 1860 228 of, and for the purposes of section 196 of, the Indian Penal Code. Commissioner 0 r Commission to be judicial proceedings.

35. Save as otherwise provided in section 46, no civil court (except the Supreme Court Exclusion of

and aHigh Court exercising jurisdiction under articles 226 and 227 ofthe Constitution) shall J ~ ~ ~ . ~ ~ ' ~ ~ ~ ~ " c ~ v l l courts

have jurisdiction to entertain any suit or proceedings in respect of any matter which the Claims Commissioner or the Commission, as the case may be, is empowered to adjudicate under this Act and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

36. (1) When an award is made under sub-section (I) cif section 16 or under sub- Enforcement section (6) of section 32, - of awards. -

(a) the insurer or any person, as the case may be, who under the contract of insurance or financial security under section 8 is required to pay any amount in terms of such award and to the extent of his liability under such contract, shall deposit that amount within such time and in such manner as the Claims Commissioner or the Cominission, as the case may be, may direct; and

(b) the operator shall, subject to the maximum liability specified under sub- section (2) of section 6, deposit the remaining amount by which such award exceeds the amount deposited under clause (a).

(2) Where any person referred to in sub-section (I) fails to deposit the amount of award within the period specified in the award, such amount shall be recoverable from such person as arrears of land revenue.

(3) The amount deposited under sub-section (I) shall be disbursed to such person as may be specified in the award within a period of fifteen days from the date of such deposit.

37. The Commission shall prepare, in such form and at such time in each financial year, Annual as may be prescribed, an annual report giving full account of its activities during that financial report.

year and submit a copy thereof to the Central Government which shall cause the same to be laid before each House of Parliament.

38. (1) Where the Central Government is satisfied that the purpose for which the D~ssolution of Commission established under section 19 has served its purpose, or where the number of C ~ ~ m l s s i o n

cases pending before such Commission is so less that it would not justify the cost of its 2r::::;:nces, continued function, or where it considers necessary or expedient so to do, the Central Government may, by notification, dissolve the Commission.

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(2) With effect fkom the date of notification of dissolution of Commission under sub-section ( I ) , -

(a) the proceeding, if any, pending before the Commission as on the date of such notification shall be transferred to the Claims Commissioner to be appointed by the Ce~t ra l Government under sub-section (2) of section 9 ;

(b) the Chairperson and all Members ofthe Commission shall be deemed to have vacated their offices as such and they shall not be entitled to any compensation for premature termination oftheir office;

(c) officers and other employees of the Commission shall be transferred to such other authority or offices of the Central Government, in such manner, as may be prescribed:

Provided that the officers and other employees so transferred, shall be entitled to the same terms and conditions of service as would have been held by them in the Commission:

Provided further that where an officer or an employee ofthe Commission refuses to join the services in such other authority or office, he shall be deemed to have resigned and shall not be entitled to any compensation for premature termination of contract of service;

(4 all assets and liabilities of the Commission shall vest in the Central Government.

(3) Notwithstanding the dissolution ofthe Commission under sub-section ( I ) , anything done or any action taken or purported to have been done or taken including any order made or notice issued or any appointment, confirmation or declaration made or any document or instrument executed or any direction given by the Commission before such dissolution, shall be deemed to have been validly done or taken.

(4) Nothing in this section shall be construed to prevent the Central Government to establish the Commission subsequent to the dissolution of the Commission in accordance with the provisions of this Act.

CHAPTER VI OFFENCES AND PENALTIES

Offences and 39. ( I ) Whoever- penalties

(a) contravenes any rule made or any direction issued under this Act; or

(b) fails to comply with the provisions of section 8; or

(c) fails to deposit the amount under section 36,

shall be punishable with imprisonment for a term which may extend to five years or with fine or with both.

(2) Whoever fails to comply with any direction issued under section 43 or obstructs any authority or person in the exercise of his powers under this Act shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

Offences by 40. ( I ) W'nere an offence under this Act has been committed by a company, every colnpanles 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 the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 13

(2 ) Notwithstanding anything contained in sub-section ( I ) , where any offence under this Act has been committed by a company and it is proved that the offence has been coininitted 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 accordingly.

Explanation. - For the purposes of this section,-

(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.

41. Where an offence under this Act has been committed by any Department of the offences by Government, the Head of the Department shall be deemed to be guilty of the offence and Government

shall be liable to be proceeded against and punished accordingly: Departments.

Provided that nothing contained in this section shall render such Head of the Department 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.

42. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of Cognizance the first class shall try any offence under this Act: of' offences

Provided that cognizance of such offence shall not be taken except on a complaint made by the Central Government or any authority or officer authorised in this behalf by that Government.

CHAPTERVII

43. The Central Government may, in exercise of its powers and performance of its Power to give

functions under this Act, issue such directions, as it may deem fit, for the purposes of this directions.

Act, to any operator, person, officer, authority or body and such operator, person, officer, authority or body shall be bound to comply with such directions.

44. The Central Government may call for such information from an operator as it may Power to call

deem necessary. for information.

45. The Central Government may, by notification, exempt any nuclear installation from Exemption

the application of this Act where, having regard to small quantity of nuclear material, it is of from

the opinion that the risk involved is insignificant. application of this Act.

46. The provisions of this Act shall be in addition to, and not in derogation of, any ~ c t to be in

other law for the time being in force, and nothing contained herein shall exempt the operator addition to

from any proceeding which might, apart from this Act, be instituted against such operator. any other law.

47. No suit, prosecution or other legal proceedings shall lie against the Central Protection of

Government or the person, officer or authority in respect of anything done by it or him in action taken

good faith in pursuance ofthis Act or of any rule or order made, or direction issued, thereunder. in good falth

48. (1 ) The Central Government may, by notification, make rules for carrying out the Power to

purposes of this Act. make rules

(2 ) In particular, and without prejudice to the generality ofthe foregoing powers such rules may provide for -

(a ) the other financial security and the manner thereof under sub-section ( I ) of section 8;

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART IT--

(b) the salary and allowances payable to and the other terms and conditions of service of Claims Commissioner under section 1 1;

(c) the procedure to be followed by Claims Commissioner under sub-section (I) of section 12;

(6) the person to be associated by Claims Commissioner and the manner thereof, under sub-section (2) of section 12;

(e) the remuneration, fee or allowances of associated person under sub-section (3) of section 12;

V) any other matter under clause V) of sub-section (4) of section 12;

(g) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (I) of section 15;

(h) the salary and allowances payable to and other terms and conditions of service of Chairperson and other Members, under section 22;

( i) the powers of Chairperson under section 29;

0) the salary and allowances payable to and the terms and other conditions of service of officers and other employees of the Commission, under sub-section (2) of section 30;

(k) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (I) of section 3 1;

(I) any other matter under clause V) of sub-section (5) of section 32;

(m) the form and the time for preparing annual report by the Commission under section 37;

(n) the manner of transfer of officers and other employees of the Commission under clause (c) of sub-section (2) of section 38.

(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or

Power t o reinove . difficulties.

successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule2hould 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.

49. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

, Pfovided that no order shall be made under this section after the expiry of three years from the commencement of this Act.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 15

(2) Every order made under this section shall, as soon as ]nay be after it is made, be laid before each House of Parliament.

V. K. BHASIN, Secy. to the Govt. ofIndia.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER O F PUBLICATIONS, DELHI-2010.

GMGIPMRND4600GI(S3)-24-09-2010.

Tfnit 3' W-(~)04/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003-10

mm EXTRAORDINARY on 11- ws 1

PART II - Section 1

P nfiem;n*FMm PUBLISHED BY AUTHORITY

Tb 481 ;lif f?F8, TVilT, 22, 2010 / Om; 31, 1932 No. 481 NEW DELHI, WEDNESDAY, SEPTEMBER 22,2010 / BHADRA 31,1932

~w*mpsa*i t~*m%%m**;~9*m3n.~l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 22ndSeptember, 20 1 O/Bhadra 3 1,1932 (Saka)

The following Act of Parliament received the assent of the President on the 2 1 st September, 201 0, and is hereby published for general information:-

'THE NALANDA UNIVERSITY ACT, 201 0

No. 39 OF 2010 [2 1st September, 20 10.1

An Act to implement the decisions arrived at the Second East Asia Summit held -

on the 15th January, 2007, at Philippines and subsequently at the Fourth East Asia Summit held on the 25th October, 2009, at Thailand for the establishment of theNalandaUniversity in the State of Bihar as an international institution for pursuit of intellectual, philosophical, historical and spiritual studies and for matters connected therewith or incidental thereto. WHEREAS, the Second East Asia Summit held on thel5th January, 2007 in the city of

Cebu, Republic of Philippines, agreed to strengthen regional educational co-operation by tapping the East Asia Region's centres of excellence in education and for the revival of the Nalanda University located in the State of Bihar to improve regional understanding and the appreciation of one another's heritage and history;

AND WHEREAS, the Fourth East Asia Summit held on the 25th October, 2009 in Hua Hin, Thailand, supported the establishment of the Nalanda University and encouraged the networking and collaboration between the proposed Nalanda University and existing centres of excellence in the East Asia Summit so as to participating countries to build a community of learning where students, scholars, researchers and academicians can work together symbolising the spirituality that unites all mankind;

Short title and comme~~cement.

Declaration o f Nalanda University as an institution of ~iational importance.

Definitions.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- --

a

AND WHEREAS, it is considered expedient to make provision for implementing the decisions arrived at in the aforesaid East Asia Summits for establishment of the Nalanda University in the State of Bihar and declare it to be an institution of national importance.

BE it enacted by Parliament in the Sixty-first Year ofthe Republicbflndia as follows:-

1 . (I) This Act may be called the Nalanda University Act, 201 0.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

2. Whereas the objects of the institution known as the Nalanda University are such as to make the institution one of national importance, it is hereby declared that the institution known as the Nalanda University is an institution of national importance.

3. In this Act, unless the context otherwise requires,-

(a ) "Academic Council" means the Academic Council of the University;

(6) "academic staff' means such categories of staff as are designated as academic staff by the Statutes;

(c) "Centre" means a centre established or maintained by the University in any place in India or in East Asia region for the purposes of coordinating and supervising the work of centres in such place or region and for performing such functions as may be conferred on such centre by the Governing Board;

(6) "East Asia region" means the region comprising the territories of the Member States of the East Asia Summit;

(e ) "employee" means any person appointed by the University and includes teachers and other staff of the University;

(f) "Faculty" means a Faculty of the University;

(g) "Finance Officer" means the Finance Officer of the University appointed under section 17;

(h) "Governing Board" means the Governing Board ofthe University constituted under section 7;

(i) "Hall" means a unit ofresidence, by whatever name called, for students ofthe University provided, maintained or recognised by it;

(j) "Member States" means the Member States of the East Asia Summit;

(k) "Nalanda Mentor Group" means the group of persons constituted by the communication dated the 28th June, 2007 of the Government of India in the Ministry of External Affairs, inter alia, to examine the framework and structure of International co-operation and partnership which would govern the establishment of the University;

(I) "Ordinances" means the Ordinances of the University;

(m) "prescribed" means prescribed by Statutes, Ordinances or by Regulations;

(n) "recognised institution" means an institution of higher learning maintained or recognised by, or associated with, the University;

(0) "Registrar" means the Registrar of the University appointed under section 16;

07) "Regulations" means the Regulations of the University;

( q ) "School" means a school of studies of the University;

(r) "Statutes" means the Statutes of the University;

SEC. I1 THE GAZETTE OF INDIA EXTRAORDINARY 3

(s) "teacher" means professor, associate professor, assistant professor and research staff of the University appointed or recognised by the University for imparting instructions or conducting research in the University or for giving guidance to students for pursuing any course of study of the University and are designated as teachers by the Statutes;

( t ) "University" means the Nalanda University established and incorporated under section 4.

4. (1) The University ofNalanda in the State of Bihar, established under the University Establ~sll!nent Billar Act 18 of of Nalanda Act, 2007, shall be established as a body corporate under this Act by the name of and 2007. "Nalanda University". ~ncorpora t ion

o f Nalanda (2) The first Visitor, the first Chancellor, the first Vice-Chancellor, the first members of Un'versity.

the Governing Board and the Academic Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University.

(3 ) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.

(4) The Headquarters of the University shall be in the district of Nalanda in the State of Bihar.

(5) The University may establish or maintain centres at such other places in India as it may deem fit:

Provided that the University may, with the approval ofthe Governing Board, establish study centres outside India.

5. On and from the date of commencement of this Act,- Effect o f e s t ab l i shmen t

(a) any reference to the University ofNalanda in an; contract or other instrument of University shall be deemed as a reference to the University;

(6) all property, movable and immovable, of or belonging to the University of Nalanda shall vest in the University;

(c) all rights and liabilities of the University of Nalanda shall be transferred to, and be the rights and liabilities of, the University;

(4 every person employed by the University of Nalanda immediately before the commencement ofthis Act shall hold his office or service in the University 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 term 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 Visitor, Chancellor or Vice-Chancellor of the University of Nalanda in any law for the time

4 THE GAZETTE OF INDIA EXTRAORDINARY PART II-

being in force, or in any instrument or other document, shall be construed as a reference respectively to the Visitor, Chancellor or Vice-Chancellor of the University;

(e) the Visitor of the University of Nalanda, appointed under the provisions of the University ofNalanda Act, 2007 shall be deemed to have been appointed to be the Bihar A C ~ 18 of nominee of the Visitor and such nominee be also the first Visitor under this Act for a 2007.

period of five years from the date of commencement of this Act;

u> the Chancellor of the University ofNalanda, appointed under the provisions ofthe University ofNalanda Act, 2007 shall be deemed to have been appointed as the B~har Act 18 of Chancellor under section 14 ofthis Act, and shall hold office for a period of three years 2007

from the date of commencement of this Act;

(g) the Vice-Chancellor of the University of Nalanda, appointed under the provisions of the University of Nalanda Act, 2007 shall be deemed to have been Blhar Act 18 of appointed as the first Vice-Chancellor under this Act, and shall hold office for a period 2007

of five years from the date of commencement of this Act; and

(h) all Colleges, Institutions, Faculties and Departments affiliated to, or admitted to the privileges of, or maintained by, the University of Nalanda shall stand affiliated to, or admitted to the privilege of, or maintained by, the University.

Jurisd~ction 6. The jurisdiction of the University shall extend to whole of India and to centres established within or outside India.

Governing 7. (1) There shall be a Governing Board ofthe University consisting of the following Board. persons as its members, namely:-

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) five members from amongst the Member States which provide maximum financial assistance during a period of three years to be nominated by the Member States;

(d) one member, not below the rank of Secretary in the Ministry of External Affairs, to be nominated by the Central Government;

(e) two members, representing the State Government of Bihar, to be nominated by the State Government;

u> one member not below the rank of Additional Secretary in the Ministry of Human Resource Development, to be nominated by the Central Government;

(g) three members from amongst the persons being renowned academician or educationist, to be nominated by the Central Government.

(2) Each member ofthe Governing Board referred to in clauses (c) to (g) ofsub-section (I), shall hold office for a fixed term ofthree years.

(3) The Chancellor shall be the Chairperson of the Governing Board.

(4) The member, being the Secretary in the Ministry of External Affairs, nominated under clause (4 of sub-section (I), shall be the Member-Secretary of the Governing Board.

(5) Subject to the provisions of this ~ c t , ' t h e Statutes and the Ordinances made thereunder, the Governing Board may regulate its own procedure (including quorum) for the conduct of its meetings.

Powers and 8. (1) The Governing Board shall be responsible for all the policies and directions of functions of Governing the University and management of its affairs. Board. (2) The Governing Board shall exercise such powers as may be prescribed by the

Statutes:

Provided that the Nalanda Mentor Group shall exercise the powers and discharge the functions of the Governing Board for a period of one year or till such time the members referred to in clauses (c) to (g) of sub-section (I) of section 7 are nominated, whichever is earlier.

SEX. 11 THE G A Z E T E OF INDIA EXTRAORDINARY 5

9. ( I ) The objectives of the University shall be- Obiectives of ~ n 7 v e r s i t ~ .

(a) to impart education and to enable research towards capacity building o f the Member States in the domain of ancient science (in particular, practised in the Nalanda several centuries ago), philosophy, language, history and other areas of higher learning vital for improving the quality of life;

(6) to contribute to the promotion of regional peace and vision by bringing together the hture leaders of the East Asia, who by relating to their past history can enhance their understanding of each others' perspectives and to share that understanding globally;

(c) to harmonise the academic standards and accreditation norms in teaching, research and curriculum that are acceptable to all Member States;

(6) to create a unique partnership between the scholars and interested persons from the Member States;

(e ) to understand Buddha's teach~ngs in the contemporary context without excluding any other thoughts and practices from any other parts of the world;

V) to enhance research for greater interaction between Asian countries, particularly between East Asia, bound by strong historical commonalities in areas like trade, science, mathematics, astronomy, religion, philosophy and cross-cultural current;

(g) to foster in the students and scholars the spirit o f accommodation, understanding and thus to train them to become exemplary citizens of democratic societies;

(h) to contribute to the improvement of the educational system of the Member States in view of the teaching in Nalanda several centuries ago;

(i) to provide education and training in various arts, crafts and skills of the Member States, raising their quality and improving their availability to the people.

(2) The University shall be non-profit public-private partnership, which shall seek support from each of the Member States and from other sources but shall be autonomous and accountable to ?he Governing Board.

10. The University shall have the following powers, namely:- Powers of University.

(i) to make provision for providing, upgrading and promoting holistic and inclusive education and training and research in such education as set out in the objects, and to create an enabling and conducive environment for the pursuit of such education in close co-operation with other experts, scholars and interested persons in India, Asian countries and other countries;

(ii) to set up a consortium of international partners and friendly countries in hrtherance of the objects of the University;

(iii) to generate and maintain resources through consultancy services, continuing education programmes, national and international collaborations and intellectl~al property rights;

(iv) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;

(v) to establish such special centres and specialised laboratories and such other units for research and instruction as are necessary for the hrtherance of its objects;

(vi) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose;

6 'THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

( v i i ) to hold examinatio~is and grant diplomas or certificates to, and confer degrees and other academic distinctions on, persons who have pursued a course of study or conducted research, in the manner laid down by the Statutes and Ordinances;

(v i i i ) to confer honorary degrees or other academic distinctions in the manner prescribed by the Statutes;

( ix) to institute Professorships, Readerships and Lecturerships and other teaching and academic positions, required by the University and to appoint persons to such Chairs, Professorships, Readerships and Lecturerships and other teaching and academic positions;

( x ) to appoint visiting professors, Emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the University;

( x i ) to recognise persons as professors, associate professors, or assistant professors or otherwise as teachers of the University;

(x i i ) to create administrative and other posts as the University may deem necessary from time to time and to make appointments thereto;

(xii i) to lay down conditions of service of all categories of employees, including their code of conduct;

(x iv) to establish and maintain centres in India or outside India, as may be determined fiom time to time;

(xv ) to admit to its privileges institutions situated within its jurisdiction as the University institutions and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes;

(xvi ) to co-operate or collaborate or associate with any other University or authority or institution of higher learning or any other public or private body, having in view the promotion of purposes and objects similar to those of the University, in such manner as may be prescribed and for such purposes as may be determined or agreed upon by the University;

(xvii) to determine standards of admissions, including examination, evaluation or any other method of testing, to the University, and the institutions maintained by or admitted to the privileges of the University;

(xviii) to demand and receive payment of fees and other charges as may be prescribed;

(xix) to establish Halls and to recognise, guide, supervise and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition;

(xx) to make arrangements for promoting health and general welfare of students and employees of the University;

(xxi) 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;

(xxii) to institute and award Fellowships, Scholarships and Prizes;

(xxiii) to receive benefactions, donations and gifts in accordance with the Ordinances and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes or objects of the University and to invest f inds in such manner as it deems fit;

(xxiv) to borrow, with the approval of the Governing Board;

SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 7

(xxv) to recognise for any purpose, either in whole or in part, any institution 01. members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognition;

(xxvi) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as it may deem necessary;

(xxvii) to provide for the printing, reproduction and p~~blicatiotl or research and other work which may be required by the University;

(xxviii) to exercise such other powers accorded to it and to do all such other acts as may be necessary, incidental or conducive to the pro~notion of all or any of the objects of the University.

11. The University shall be open to all persons irrespective of gender, caste, creed, University disability, ethnicity or socio-economic background. open to a11

persons.

12. (1) The President of India shall be the Visitor of the University: Visitor.

Provided that the President may, by order, nominate any person to be the Visitor and such person so nominated shall hold office for such term, not exceeding five years as may be specified in the order and the person so nominated shall exercise the powers and discharge duties of the Visitor.

(2) The Visitor may, fiom time to time, appoint one or more persons to review the work and progress of the University and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Governing Board thereon through the Vice-Chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions.

(3) The Visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, libraries, laboratories and equipments, and of any institution or centre maintained by the University or admitted to its privileges, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in respect of any matter connected with the University.

(4) The Visitor shall, in every case give notice to the University of his intention to cause an inspection or. inquiry to be made, and the University shall be entitled to appoint a representative within thirty days or such other period as the Visitor may determine who shall have the right to be present and be heard at such inspection or inquiry.

(5) The Visitor may address thevice-Chancellor with reference to the result of inspection and inquiry, and the Vice-Chancellor shall communicate to the Governing Board the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.

(6) The Governing Board 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.

(7) Where the Governing Board does not, within a reasonable time, take action to the satisfaction ofthe Visitor, he may, after considering any explanation hrnished or representation made by the Governing Board, issue such directions as he may think fit and the Governing Board shall be bound to comply with such directions,

(8) 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, the Ordinances or the Regulations.

(9) The Visitor shall have such other powers as may be prescribed by the Statutes.

8 THE GAZETTE OF INDIA EXTRAORDINARY PART II-

Oft'icers of 13. The following shall be the officers of the University:- University.

(I) the Chancellor;

(2) the Vice-Chancellor;

(3) the Registrars;

(4) the Finance Officer; and

(5) such other officers as may be declared by the Statutes to be the officers of the University.

The Chancellor. 14. (I) The Chancellor shall be appointed by the Visitor for such term and in such manner as may be prescribed by the Statutes.

(2) The Chancellor shall, by virtue of his office, be the head ofthe University and shall, if present, preside at the Convocations of the University held for conferring degrees and meetings of the Governing Board.

The Vice- 15. (I) The Vice-chancellor shall be appointed by the Visitor in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes.

(2) The Vice-Chancellor shall be the principal academic and executive officer of the University, and shall exercise 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 the action taken by him on such matter:

Provided that ifthe authority concerned is ofthe 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 any action taken by the Vice-Chancellor under this sub-section shall have the right to represent against such action to the Governing Board within ninety days from the date on which such action is communicated to him and thereupon the Governing Board may confirm, modiQor reverse the action taken by the Vice-Chancellor.

(4) The Vice-Chancellor, if he is of the opinion that a decision of any authority 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 ofthe University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its 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:

Provided that the decision of the authority concerned shall remain suspended during the period of review of such decision by the authority or the Visitor, as the case may be, under this sub-section.

(5) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and the Ordinances.

The Registrar. 16. (1) The Registrar shall be appointed in such manner and on such terlns and conditions of service as may be prescribed by the Statutes.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 9

(2) The Registrar shall have the power to enter into, and sign agreements and authenticate records on behalf of the University.

(3) The Registrar shall exercise such powers and perform such functions as may be prescribed by the Statutes.

17. The Finance Officer shall be appointed in such manner and on such terms and ~h~ Flnallce conditions of service and shall exercise such powers and perform such functions as may be officer. prescribed by the Statutes.

18. The Controller of Examinations shall be appointed in such manner and on such The terms and conditions of service and shall exercise such powers and perform such duties, as Controller of

may be prescribed by the Statutes. Examinations.

19. The Librarian shall be appointed in such manner and on such terms and conditions The [,ibrarian. of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes.

20. The manner of appointment, emoluments, powers and duties of the other officers Other officers of the University shall be prescribed by the Statutes.

21. The members of the academic staff and, where applicable, their dependents or Privileges and inembers of the family, shall enjoy such privileges and immunities as the Central Government im~nlunities of

may, after entering into an agreement with the University, notify under section 3 of the 2':derniC staff, United Nations (Privileges and Immunities) Act, 1947.

22. The following shall be the authorities'of the University:-

( I ) the Governing Board;

Authorities of the University.

(2) the Academic Council;

(3) the Boards of Schools of Studies; , '

(4) the Finance Committee; and

(5) such other authorities as may be declared bythe Statutes to be the authorities of the University.

23. (1) The Academic Council shall be the principal academic body of the University The Academic and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the Co~nciI.

control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other fknctions as may be conferred or imposed upon it by the Statutes.

(2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statutes.

24. (1) There shall be such number of Schools of Studies as the University may The School of

determine from time to time. Studies.

(2) Without prejudice to the generality of the foregoing provision contained in sub- section (I), the University shall have the following Schools, namely:-

(i) Buddhist Studies, Philosophy and Comparative Religions;

(ii) Historical Studies;

(iii) International Relations and Peace Studies;

(iv) Business Management in relation to Public Policy and Development Studies;

(v) Languages and Literature;

(vi) Ecology and Environment Studies;

(vii) any other school as may be prescribed by the Statutes.

(3) Every School of Studies shall have a Board comprising of such members as may be prescribed by the Statutes.

(4) The powers and fknctions of the Boards of School of Studies shall be prescribed by the Statutes.

10 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

'The F~nance 25. The constitution, powers and functions ofthe Finance Committee shall be prescribed Commlitee by the Statutes.

Other 26. The constitution, powers and functions of the other authorities which may be authorities. declared by the Statutes to be authorities of the University shall be prescribed by the

Statutes.

Statutes 27. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

(a) the manner of appointment of the Chancellor;

(6) the manner of appointment of the Vice-Chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him;

(c) the manner ofappointment of the Registrar, the Finance Ofticer, the Controller of Examinations and other officers and terms and conditions of their service arid the powers and functions that may be exercised and performed by such officers;

(d ) the other authorities of the University, the terms of office of the members of such authorities and the powers and functions that may be exercised and performed by such authorities;

(e ) the appointment of teachers and other employees of the University, their emoluments and other conditions of service:

Provided that the terms and conditions of teachers and employees shall not be varied to their disadvantage;

V) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the employees of the University;

(g) the principles governing the seniority of service of the employees of the University;

( h ) the procedure for regulating the work of the Tribunal ofArbitration;

( i ) the procedure for the settlement of disputes between the employees or students of the University, and the University;

(j) the co-ordination and determination of standards in the University;

(k) Schools of Studies, members of its Board and the power and functions of such Board;

(I) all other matters which by this Act are to be, or may be, provided by the Statutes.

Statutes how 28. (1) The first Statutes shall be made by the Governing Board, with the prior approval made. ofthe Visitor, within six months ofthe commencement ofthis Act, for operation ofuniversity.

(2) The Governing Board 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 Governing Board shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Governing Board.

(3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall require the assent of the Visitor, who may assent thereto or withhold assent or remit to the Governing Board for reconsideration in the light of the observations, if any, made by him.

(4) A new Statute or a Statute amending or repealing an existing Statute shall not be valid unless it has been assented to by the Visitor.

(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified

SEC. I] THE GAZETTE OF TNDIA EXTRAORDINARY 11

by him and ifthe Governing Board is unable to implement such a direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Governing Board for its inability to comply with such direct~ons, make or amend the Statutes suitably.

29. (1) Subject to the provisions of this Act and the Statutes, the Ordinances may Ordinances provide for all or any ofthe following matters, namely:-

(a) the admission of students, the courses of study and fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of fellowships, awards and the like;

(6 ) the conduct of examinations, including the terms and conditions and manner o f appointment of examiners;

(c) any other matter which by this Act or the Statutes is to be, or lnay 'be, provided for by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Governing Board and the Ordinances so made may be amended, repealed or added to at any time by the Governing Board, in the manner prescribed by the Statutes.

30. The authorities of the University may make regulations consistent with this Act, Regulations

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 the Ordinances, in the manner prescribed by the Statutes.

31. (1) The annual report of the University shall be prepared under the directions of Annual report

the Governing Board which shall include, among other matters, the steps taken by the University towards the fulfilment of its objectives.

(2) The annual report so prepared shaii be submitted to the Visitor on or before such date as may be prescribed by the Statutes.

(3) A copy of the annual report so prepared shall also be submitted to the Member States and exhibited on the website of the University.

32. (1) The annual accounts and the balance sheet of the University shall be prepared Annual under the directions of the Governing Board and shall, once at least every year, and at a"cOunts~ etc

intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India.

(2) A copy of the accounts together with the audit report shall be submitted to the Visitor along with the observations, if any, of the Governing Board.

(3) Any observations made by the Visitor on the annual accounts shall be brought to notice of the Governing Board and the views of the Governing Board, if any, on such observations shall be submitted to the Visitor.

(4) A copy of the annual report and 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 the Houses of Parliament.

(5) The audited annual accounts, after having been laid before both the Houses of Parliament, shall be published in the Gazette of India.

(6) A copy of the audited annual accounts shall also be submitted to the Member States.

33. (1) Every employee of the University shall be appointed under a written contract, C o n d ~ t ~ o n s of which shall be lodged with the University and a copy of which shall be furnished to the service of

employees employee concerned.

(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

12 THE GAZETTE OF INDIA EXTRAORDINARY PART II-

one member appointed by the Governing Board, 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.

(4) Every request made by an employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms ofthis section within the meaning ofthe Arbitration and Conciliatio~l Act, 1996. 26 of 1996.

(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.

Procedure of 34. (1) Any student or candidate for an examination whose name has been removed appear and from the rolls of the University by the orders or resolution ofthe Vice-Chancellor, Disciplinary a r b ~ t r a t ~ o n In

Committee or Examination Committee, as the case may be, and who has been debarred from cases against appearing at the examinations of the University for more than one year, may, within ten days students. of the date of receipt of such orders or copy of such resolution by him, appeal to the

Governing Board and the Governing Board 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 ofArbitration 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-section.

Right to appeal. 35. Every employee or student ofthe University or of a School of Studies or Centre or Institution maintained by the University or admitted to its privileges shall, notwithstanding anything contained in this Act, ha;e a right to appeal within such time as may be prescribed by the Statutes, to the Governing Board against the decision of any officer or authority of the University or of the Principal or the management of any School of Studies or Centre or an Institution, as the case may be, and thereupon the Governing Board may confirm, modify or reverse the decision appealed against.

Provident and 36. The University shall constitute for the benefit of its employees such provident or pensioll funds. 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 Statutes.

Disputes as to 37. If any question arises as to whether any person has been duly nominated or the const~tution of au thor i t~es appointed as, or is entitled to be a member of any authority or other body of the University,

and bodres. the matter shall be referred to the Visitor whose decision thereon shall be final.

Filling ofcasual 38. All the casual vacancies among the members (other than ex oflcio members) of any vaca~lcies authority or other body of the University shall be filled, as soon as may be convenient, by

the person or body who appoints, nominates Qr co-opts the members whose place has become vacant and any person so appointed, elected or co-opted to a casual vacancy sha!l 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.

Proceedings of 39. No act or proceedings of any authority or any other body of the University shall au thor i t i es O r be invalid merely by reason ofthe existence of any vacancy or vacancies a,mong its members. bodies not invalidated by . vacancies.

IJrotection of 40. No suit or other legal proceedings shall lie against any officer or employee of the action taken in good faith. 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.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 13

41. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to

Government may, by order, published in the Gazette of India, make such provisions, not difficulties

inconsistent with the provisions of this Act, as appears 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 a period of three years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

42. ( I ) Every Statute, Ordinance or Regulation made under this Act shall be published statutes,

in the Gazette of India and the website of the University. Ordinances and Regulations to

(2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon ~ ~ P ~ ~ $ ~ ~ ~ ~ ~ as may be after it is made, before each House of Parliament, while it is in session, for a total Gazette and to period of thirty days which may be comprised in one session or in two or more successive be laid before

sessions, and if, before the expiry of the session immediately following the session or Parliament.

successive sessions aforesaid, both the Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.

43. Notwithstanding anything contained in this Act and the Statutes,- Transit~onal provisions.

(a) the first Registrar and the first Finance Officer shall be appointed by the Governing Board and each of the said officers shall hold office for a term of three years;

(b) the first Board of School of Studies shall consist of not more than eleven members, who shall be nominated by the Governing Board and they shall hold office for a term of three years;

(c) the first Academic Council shall consist of not more than nineteen members, who shall be nominated by the Governing Board and they 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 or nomination, as the case may be, by the Governing Board, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.

Bihar ~ c t 18 44. (1) The University of Nalanda Act, 2007 is hereby repealed. of 2007

(2) Notwithstanding such repeal,-

(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done

D ~ h a r A C ~ 18 under the University ofNalanda Act, 2007, shall be deemed to have been respectively of 2007. 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

Repeal of University of Nalanda Act.

14 THE GAZETTE OF INDIA EXTRAORDPJARY [PART TI-SEC. 11

(b) all proceedings of Selection Comriiittees for the appointment or promotion of teachers that took place before the commencement of this Act and all actions of the Governing Body 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.

V. K. BHASIN, Secy. to the Govt. of India.

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GMGIPMRND4601 GI(SI)--24-09-2010.

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m r r - w 1 PART 11 - Section 1 n r f m * m

PUBLISHED BY AUTHOFUTY

Ti0 4991 +-, 3Wl7, f k F R 22, 2010 / Pm 31, 1932 No. 491 NEW DELHI, WEDNESDAY, SEPTEMBER 22,2010 / BHADRA 31,1932

w o r m * f a T ; ; r ~ ~ - C f ~ % m ~ ~ m ~ 6 : ~ 1 * ~ ~ f l l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE fiegislative Department)

New Delhi, the 22ndSeptember, 20 1 O/Bhadra 3 1,1932 (Saka)

The following Act of Parliament received the assent of the President on the 2 1st September, 20 10, and is hereby published for general information:-

THE TRADE MARKS (AMENDMENT) ACT, 201 0

No. 40 or: 2010 [2 1st Septembel; 20 1 0.1

An Act to amend the Trade Marks Act, 1999.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. ( I ) This Act may be called the Trade Marks (Amendment) Act, 2010. Short title and commencement.

(2 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

47 of 1999. 2. In section 11 of the Trade Marks Act, 1999 (hereinafter referred to as the principal Amendment

Act), in the Explanation, for clause (a), the following clause shall be substituted, namely:- section

"(a) a registered trade mark or an application under section 18bearing an earlier date of filing or an international registration referred to in section 36E or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where appropriate, of the priorities claimed in respect of the trade marks;".

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Amendment 3. In section 21 of the principal Act, for sub-section ( I ) , the following sub-section of section 21. shall be substituted, namely:-

"(I) Any person may, within four months from the date of the advertisement or re-advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the Registrar, of opposition to the registration.".

Amendment 4. In section 23 of the principal Act, in sub-section (I), after the words "register the 23 said trade mark", the words "within eighteen months of the filing of the application" shall be

inserted.

Insertion of 5. After Chapter IV of the principal Act, the following Chapter shall be inserted, new Chapter namely:- IVA.

'CHAPTER IVA

Application of 36A. The provisions of this Chapter shall apply to international applications ~ c t in case of and international registrations under the Madrid Protocol. international registration under Madrid Protocol. Definilions. 36B. In this Chapter, unless the context otherwise requires,-

(a) "application", in relation to a Contracting State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation, as the case may be.

Explanation.-For the purposes of this clause, "real and effective industrial or commercial establishment" means and includes any establishment where some bonafide industrial or commercial activity takes place and need not necessarily be the principal place of business;

(b) "basic application" means an application for the registration of a trade mark filed under section 18 and which is used as a basis for applying for an international registration;

(c) "basic registration" means the registration of a trade mark under section 23 and which is used as a basis for applying for an international registration;

(4 "Common Regulations" means the Regulations concerning the implementation of the Madrid Protocol;

(e) "Contracting Organisation" means a Contracting Party that is an inter- governmental organisation;

(f) "Contracting Party" means a Contracting State or Contracting Organisation party to the Madrid Protocol;

(g ) "Contracting State" means a country party to the Madrid Protocol;

(h) "international application" means an application for international registration or for extension of the protection resulting from an international registration to any Contracting Party made under the Madrid Protocol;

( i ) "International Bureau" means the International Bureau of the World Intellectual Property Organisation;

THE GAZETTE OF INDIA EXTRAORDINARY

( j ) "international registration" means the registration of a trade mark in the register of the International Bureau effected under the Madrid Protocol;

(k) "Madrid Agreement" means the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 14th day ofApril, 1891, as subsequently revised and amended;

(I) "Madrid Protocol" means the Protocol relating to the ad rid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time.

36C. Notwithstanding anything contained in sub-section (3 ) of section 5 , an international application shall be dealt with by the head office of the Trade Marks Registry or such branch office of the Registry, as the Central Government may, by notification in the Oficial Gazette, specify.

36D. (I) Where an application for the registration of a trade mark has been made under section 18 or a trade mark has been registered under section 23, the applicant or the registered proprietor may make an international application on the form prescribed by the Common Regulations for international registration of that trade mark.

( 2 ) A person holding an international registration may make an international application on the form prescribed by the Common Regulations for extension of the protection resulting from such registration to any other Contracting Party.

( 3 ) An international application under sub-section (I) or sub-section ( 2 ) shall designate the Contracting Parties where the protection resulting from the international registration is required.

(4) The Registrar shall certify in the prescribed manner that the particulars appearing in the international application correspond to the particulars appearing, at the time of the certification, in the application under section 18 or the registration under section 23, and shall indicate the date and number of that application or the date and number ofthat registration as well as the date and number ofthe application from which that registration resulted, as the case may be, and shall within the prescribed period, forward the international application to the International Bureau for registration, also indicating the date of the international application.

(5 ) Where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the application under section 18 or the registration under section 23, as the case may be, has been withdrawn or cancelled or has expired or has been finally refused in respect of all or some of the goods or services listed in the international registration, the protection resulting from such international registration shall cease to have effect:

Provided that where an appeal is made against the decision of registration and an action requesting for withdrawal of application or an opposition to the application has been initiated before the expiry of the period of five years of an international registration, any final decision resulting into withdrawal, cancellation, expiration or refusal shall be deemed to have taken place before the expiry of five years of the international registration.

(6) The Registrar shall, during the period of five years beginning with the date of international registration, transmit to the International Bureau every information referred to in sub-section (5 ) .

Trade Marks Registry to deal with international applications.

International application originating from India.

(7) The Registrar shall notify the International Bureau the cancellation to be effected to an international registration keeping in view the current status of the basic application or the basic registration, as the case may be.

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

International 36E. (1) The Registrar shall, after receipt of an advice from the International registrations Bureau about any international registration where India has been designated, keep a where lndla has been record of the particulars of that international registration in the prescribed manner. des~gnated (2) Where, after recording the particulars of any international registration referred

to in sub-section (I), the Registrar is satisfied that in the circumstances of the case the protection oftrade mark in India should not be granted or such protection should be granted subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the international registration has been accepted, he may, after hearing the applicant if he so desires, refuse grant of protection and inform the International Bureau in the prescribed manner within eighteen months from the date on which the advice referred to in sub-section (1) was received.

(3) Where the Registrar finds nothing in the particulars of an international registration to refuse grant of protection under sub-section (2), he shall within the prescribed period cause such international registration to be advertised in the prescribed manner.

(4) The provisions of sections 9 to 21 (both inclusive), 63 and 74 shall apply mutatis mutandis in relation to an international registration as if such international registration was an application for registration of a trade mark under section 18.

(5) When the protection of an international registration has not been opposed and the time for notice of opposition has expired, the Registrar shall within a period of eighteen months ofthe receipt of advice under sub-section (1) notify the International Bureau its acceptance of extension of protection of the trade mark under such international registration and, in case the Registrar fails to notify the International Bureau, it shall be deemed that the protection has been extended to the trade mark.

(6) Where a registered proprietor of a trade mark makes an international registration of that trade mark and designates India, the international registration from the date of the registration shall be deemed to replace the registration held in India without prejudice to any right acquired under such previously held registration and the Registrar shall, upon request by the applicant, make necessary entry in the register referred to in sub-section (1) of section 6 .

(7) A holder of international registration of a trade mark who designates India and who has not been extended protection in India shall have the same remedy which is available to any person making an application for the registration of a trade mark under section 18 and which has not resulted-in registration undcr section 23.

(8) Where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the related basic application or, as the case may be, the basic registration in a Contracting Party other than India has been withdrawn or cancelled or has expired or has been finally refused in respect of all or some of the goods or services listed in the international registration, the protection resulting from such international registration in India shall cease to have effect.

Effects o f 36F. (1) From the date of the international registration of a trade mark where international India has been designated or the date ofthe recording in the register ofthe International registration.

Bureau about the extension of the protection resulting from an international registration of a trade mark to India, the protection ofthe trade mark in India shall be the same as if the trade mark had been registered in India.

(2) The indication of classes of goods and services given by the applicant . shall not bind the Registrar with regard to the determination of the scope of the protection of the trade mark.

C,B w (6 / *

@ THE GAZETTE OF NL.4 EXTRAORDINARY

I SEC. 11 5

&

36G. ( I ) The internitional registration of a trade mark at the International Bureau Durat~on and shall be for a period often years and may be renewed for a period of ten years fiom the renewal of

expiry ofthe preceding period. l n t e r n a t ~ o ~ ~ a l reglstrat~on

(2) Subject to payment qf a surcharge prescribed by the rules, a grace period of six months shall be allowed for renewal ofthe international registration.'.

6. For section 45 of the principal Act, the following section shall be substituted, namely:-

"45. ( 1 ) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application, register him as the proprietor ofthe trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of such assignment or transmission to be entered on the register.

(2 ) The Registrar may require the applicant to hmish evidence or hrther evidence in proof of title only where there is a reasonable doubt about the veracity of any statement-or any document furnished.

( 3 ) Where the validity of an assignment or transmission is in dispute between the parties, the Registrar may rehse to register the assignment or transmission until the rights of the parties have been determined by a competent court and in all other cases the Registrar shall dispose of the application within the prescribed period.

( 4 ) Until an application under sub-section (1 ) has been filed, the assignment or transmission shall be ineffective against a person acquiring a conflicting interest in or under the registered trade mark without the knowledge of assignment or transmission.".

7. Chapter X of the principal Act shall be omitted.

S!!bstitution of new section for section 45.

Registratron 0 f assignments and transmissions.

Omission of Chapter X .

8. In section 150 ofthe principal Act, in sub-section ( I ) , for the word "applications", Amendment

the words "applications, international applications" shall be substituted. of section 150.

9. In sectior? 157 ofthe principal Act, in sub-section (2) , - Amendment of section

(a ) for clause (vii), the following clause shall be substituted, namely:- 157.

"(vii) the manner of giving a notice of opposition and the fee payable for such notice under sub-section (1 ) and sending counter-statement under sub-section (2 ) and submission of evidence and the time therefor under sub- section (4) of section 2 1 ;";

( b ) after clause (ix), the following clauses shall be inserted, namely:-

"(ixa) the time within which the international application is to be forwarded to the International Bureau and the manner of certifying the particulars by the Registrar under sub-section (4) of section 36D; a

(ixb) the manner of keeping a record of particulars of an international registration under sub-section (1 ) of section 36E;

(ixc) the manner of informing the International Bureau under sub-section ( 2 ) of section 36E;

(ixd) the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section - ( 3 ) of section 36E;";

6 THE GAZETTE OF INDIA EXTRAORDINARY PART 11-SEC. I]

(c) after clause (xiii), the following clause shall be inserted, namely:-

"(xiiia) the period within which the Registrar shall dispose of an application p d e r sub-section (31 of section 45;";

(6) clauses (xxvi), (xxvii) and (xxviii) shall be omitted.

Power of 10. (I) Notwithstanding 5nything contained in section 156 of the principal Act, if any Central difficulty arises in giving effect to the provisions of this Act, the Central Government may, Government to remove

by order published in the Official Gazette, make such provisions not inconsistent with the

difficulties, provisions of this Act as may appear to it to be necessary for removing such difficulty:

Provided that no order shall be made under this sectior?after the expiry of five years from the commencenlent of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

V. K. BHASIN, \

Secy. to the Govt. of India. '. --

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010

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PUBLISHED BY AUTHORITY

%" 501 $ m, 3Wl7, f&PW 22, 2010 / olTi; 31, 1932 No. 501 NEW DELHI, WEDNESDAY, SEPTEMBER 22,2010 / BHADRA 31,1932

~ o r m * k ~ p " a 3 i t * $ % ~ m ~ * ' f ; p i t m ~ * l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department) .

New Delhi, the 22ndSeptember, 20 10/Bhadra 3 1,1932 (Saka)

The following Act of Parliament received the assent of the President on the 2 1 st September, 20 10, and is hereby published for general information:-

THE CODE OF CIUMTNAL PROCEDURE (AMENDMENT) ACT, 20 10

No. 41 OF 2010 [2 1st September; 20 10 .]

An Act fkther to amend the Code of Criminal Procedure, 1973.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. (I) This Act may be called the Code of Criminal Procedure (Amendment) Act, 201 0. Short title anti ccJlnmencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. On and fiom the date of commencement of section 5 of the Code of Criminal * ~ ~ ~ d ~ e n t

5 of 2009. Procedure (Amendment) Act, 2008, in section 4 1 of the Code of Criminal Procedure, 1973 [as Of Section

2 of 1974, amended by section 5 of the Code of Criminal Procedure (Amendment) Act, 20081, in sub- section ( I ) , in clause (b), the following proviso shall be inserted at the end, namely:-

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. I]

"Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.".

Amendment 3. On and from the date of commencement of section 6 ofthe Code of Criminal Procedure of section (Amendment) Act, 2008, in section 4 1 Aofthe Code of Criminal Procedure, 1973 [as inserted s of 2009 41A by section 6 of the Code of Criminal Procedure (Amendment) Act, 20081,- 2 of 1974.

(a) in sub-section ( I ) , for the words s he police officer may", the words "The police officer shall." shall be substituted;

(b) f i r sub-section (4), the following sub-section shall be substituted, namely:-

"(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.".

V.K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS. DELHI-2010.

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ollrl 11-ZF'X 1 PART I1 - Section 1 m f m m * m

PUBLISHED BY AUTHORITY

Ti0 511 ;Tif m, h, 27, 2010 / Wf%FT 5, 1932 No. 51 1 NEW DELHI, MONDAY, SEPTEMBER 27,2010 / ASVINA 5,1932

w r n 3 m ~ ~ * d % m % ~ m ~ * w 3 ~ ~ * 1 Separate paging is given to this Part in order that i t may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 27th September, 20 1 O/Asvina 5, 1932 ('aka)

The following Act of Parliament received the assent of the President on the 26th September, 2010, and is hereby published for general information:-

THE FOREIGN CONTRIBUTION (REGULATION) ACT, 20 10

No. 4'2 OF 20 10 [26th Septembe~ 20 10.1

An Act to consolidate the law to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic oflndia as follows:-

CHAPTER 1

PRELIMINARY

1. ( I ) This Act may be called the Foreign Contribution (Regulation) Act, 20 10. Short title,

(2) It extends to the whole of India, and it shall also apply to-

(a) citizens of India outside India; and

extent , application and com- mencement.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(6) associate branches or subsidiaries, outside India, of companies or bodies corporate, registered or incorporated in India.

(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 provision.

Definitions. 2. (I) In this Act, unless the context otherwise requires,-

(a) "association" means an association of individuals, whether incorporated or not, .having an office in India and includes a society, whether registered under the Societies Registration Act, 1860, or not, and any other organisation, by whatever name 2 1 of I 860. called;

(b) "authorised person in foreign exchange" means an authorised person referred to in clause (c) of section 2 ofthe Foreign Exchange Management Act, 1999; 42 of 1999.

(c) "bank" means a banking company as referred to in clause (c) of section 5 of the Banking Regulation Act, 1949; 1 0 of 1949.

(4 "candidate for election" means a person who has been duly nominated as a candidate for election to any Legislature;

(e) "certificate" means certificate of registration granted under sub-section (3) of section 12;

(f) "company" shall have the meaning assigned to it under clause (17) of section 2 ofthe Income-tax Act, 1961 ; 43 of 1961

(g) "foreign company" means any company or association or body of individuals incorporated outside India and includes-

(i) a foreign company within the meaning of section 59 1 of the Companies Act, 1956; 1 of 1956.

(ii) a company which is a subsidiary of a foreign company;

(iii) the registered office or principal place of business of a foreign company referred to in sub-clause (i) or company referred to in sub-clause (ii);

(iv) a multi-national corporation.

Explanation.- For the purposes of this sub-clause, a corporation incorporated in a foreign country or territory shall be deemed to be a multi-national corporation if such corporation,-

(a) has a subsidiary or a branch or a place of business in two or more countries or territories; or

(6) carries on business, or otherwise operates, in two or more countries or territories;

(h) "foreign contribution" means the donation, delivery or transfer made by any foreign source,-

(i) of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, ofsuch article, on the date of such gift, is not more than such sum as may be specified from time to time, by the Central Government by the rules made by it in this behalf;

(ii) of any currency, whether Indian or foreign;

(iii) of any security as defined in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 and includes any foreign security as defined in 42 of 1956.

clause (0) of section 2 of the Foreign Exchange Management Act, 1999. 42 of 1999.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3

Explanation 1.- A donation, delivery or transfer of any article, currency or foreign security referred to in this clause by any person who has received it from any foreign source, either directly or through one or more persons, shall also be deemed to be foreign contribution within the meaning of this clause.

Explanation 2.- The interest accrued on the foreign contribution deposited in any bank referred to in sub-section (I) of section 17 or any other income derived from the foreign contribution or interest thereon shall also be deemed to be foreign contribution within the meaning of this clause.

Explanation 3.- Any amount received, by any person from any foreign source h

in India, by way of fee (including fees charged by an educational institution in lndia from foreign student) or towards cost in lieu of goods or services rendered by such person in the ordinary course of his business, trade or commerce whether within lndia or outside lndia or any contribution received from an agent of a foreign source towards such fee or cost shall be excluded from the definition of foreign contribution within the meaning of this clause;

( i ) "foreign hospitality" means any offer, not being a purely casual one, made in cash or kind by a foreign source for providing a person with the costs of travel to any foreign country or territory or with free boarding, lodging, transport or medical treatment;

(j) "foreign source" includes,-

(i) the Government of any foreign country or territory and any agency of such Government;

(ii) any international agency, not being the United Nations or any of its specialised agencies, the World Bank, International Monetary Fund or such other agency as the Central Government may, by notification, specify in this behalf;

(iii) a foreign company;

(iv) a corporation, not being a foreign company, incorporated in a foreign country or territory;

(v) a multi-national corporation referred to in sub-clause (iv) ofclause (g);

I of 1956. . (vi) a company within the meaning of the Companies Act, 1956, and more than one-half of the nominal value of its share capital is held;either singly or in the aggregate, by one or more of the following, namely:-

(A) the Government of a foreign country or territory;

(B) the citizens of a foreign country or territory;

(C) corporations incorporated in a foreign country or territory;

(D) trusts, societies or other associations of individuals (whether incorporated or not), formed or registered in a foreign country or territory;

(E) foreign company;

(vii) a trade union in any foreign country or territory, whether or not registered in such foreign country or territory;

(viii) a foreign trust or a foreign foundation, by whatever name called, or such trust or foundation mainly financed by a foreign country or territory;

(ix) asociety, club or other association of individuals formed or rrkistered outside India;

(x) a citizen of a foreign country;

4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(k) "Legislature" means -

( A ) either House of Parliament;

(B) the Legislative Assembly of a State, or in the case of a State having a Legislative Council, either House of the Legislature of that State;

(C) Legislative Assembly of a Union territory constituted under the Government of Union Territories Act, 1963; 20 of 1963.

(D) Legislative Assembly for the National Capital Territory of Delhi referred to in the Government ofNational Capital Territory of Delhi Act, 1991 ; 1 of 1992.-

(E) Municipality as defined in clause (e) ofarticle 243P of the Constitution;

(F) District Councils and Regional Councils in the States of Assam, Meghalaya, Tripura and Mizoram as provided in the Sixtti Schedule to the Constitution;

(G) Panchayat as defined in clause (4 of article 243 of the Constitution; or

(H) any other elective body as may be notified by the Central Gokernment;

(I) "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly;

(m) "person" includes-

( i ) an individual;

(ii) a Hindu undivided family;

(iii) an association;

(iv) a company registered under section 25 of the Companies Act, 1956; I of 1956.

(n) "political party" means-

( i ) an association or body of individual citizens of India-

(A ) to be registered with the Election Commission of India as a political party under section 29A of the Representation of the People Act, 195 1 ; or 43 of 1951.

(B) which has set up candidates for election to any Legislalure, but is not so registered or deemed to be registered under the Election Symbols (Reservation and Allotment) Order, 1968;

(ii) a political party mentioned in column 2 ofTable 1 and Table 2 to the notification of the Election Commission of India No.56/J&K/02, dated the 8th August, 2002, as in force for the time being;

(0) "prescribed" means prescribed by rules made under this Act;

(p) "prescribed authority" means an authority specified as such by rules made by the Central Government under this Act;

(q ) "registered newspaper" means a newspaper registered under the Press and Registration ofBooks Act, 1867; 25 of 1867.

( r ) "relative" has the meaning assigned to it in clause (41) of section 2 of the Companies Act, 1956; 1 of 1956.

(s) "scheduled bank" shall have the meaning assigned to it under clause (e) of section 2 of the Reserve Bank of India Act, 1934; 2 of 1934.

THE GAZETTE OF INDIA EXTRAORDINARY

(t) "subsidiary" and "associate" shall have the meanings, respectively assigned I o f 1956. to them in the Companies Act, 1956;

(u) "trade union" means a trade union registered under the Trade Unions 16 o f 1926. Act, 1926;

(2) Words and expressions used herein and not defined in this Act but defined in the 43 o f 1950. Representation of the People Act, 1950 or the Representation of the People Act, 195 1 or the 43 1951 . Foreign Exchange Management Act, 1999 shall have the meanings respectively assigned to 42 o f 1999.

them in those Acts.

CHAPTER I1

3. (I) No foreign contribution shall be accepted by any-

(a) candidate for election;

(b) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper;

(c) Judge, Government servant or employee of any corporation or any other body controlled or owned by the Government;

(4 member of any Legislature;

(e) 'political party or office-bearer thereof;

V) organisation of a political nature as may be specified under sub-section (I) of section 5 by the Central Government;

(g) association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (I) of

21 o f 2000. section 2 of the Information Technology Act, 2000 or any other mode of mass communication;

(h) correspondent or columnist, cartoonist, editor, owner of the association or company referred to in clause (g).

Explanation.-In clause (c) and section 6, the expression "corporation" means a corporation owned or controlled by the Government and includes a Government

I o f 1956. company as defined in section 61 7 of the Companies Act, 1956.

(2) (a) No person, resident in India, and no citizen of India resident outside India, shall accept any foreign contribution, or acquire or agree to acquire any currency from a foreign source, on behalf of any political party, or any person referred to in sub-section (I), or both.

(b)No person, resident in India, shall deliver any currency, whether Indian or foreign, which has been accepted from any foreign source, to any person if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to any political party or any person referred to in sub-section (I), or both.

(c) No citizen of India resident outside India shall deliver any currency, whether Indian or foreign, which has been accepted from any foreign source, t+

(i) any political party or any person referred to in sub-section (I), or both; or

Prohibition to accept foreign contribution.

(ii) any other person, if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to a political party or to any person referred to in sub-section (I), or both.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(3) No person receiving any currency, whether Indian or foreign, from a foreign source on behalf of any person or class of persons, referred to in section 9, shall deliver such currency-

(a) to any person other than a person for which it was received, or

(6) to any other person, if he knows or has reasonable cause to believe that such other person intends, or is likely, to deIiver such currency to a person other than the person for which such currency was received.

Persons to 4. Nothing contained in section 3 shall apply to the acceptance, by any person specified whom in that section, of any foreign contribution where such contribution is accepted by him, shall not apply. subject to the provisions of section 10,-

(a) by way of salary, wages or other remuneration due to him or to any group of persons working under him, from any foreign source or by way of payment in the ordinary course of business transacted in India by such foreign source; or

(b) by way ofpayment, in the course of international trade or commerce, or in the ordinary course of business transacted by him outside India; or

(c) as an agent of a foreign source in relation to any transaction made by such foreign source with the Central Government or State Government; or

(d) by way of a gift or presentation made to him as a member of any Indian delegation, provided that such gift or present was accepted in accordance with the rules made by the Central Government with regard to the acceptance or retention of such gift or presentation; or

(e) from his relative; or

u> by way of remittance received, in the ordinary course of business through any official channel, post office, or any authorised person in foreign exchange under the Foreign Exchange Management Act, 1999; or 42 of 1999.

(g) by way of any scholarship, stipend or any payment of like nature:

Provided that in case any foreign contribution received by any person specified under section 3, for any of the purposes other than those specified under this section, such contribution shall be deemed to have been accepted in contravention of the provisions of section 3.

Procedure to 5. (1) The Central Government may, having regard to the activities ofthe organisation an or the ideology propagated by the organisation or the programme of the organisation or the

organisation of a political association of the organisations with the activities of any political party, by an order published nature. in the Official Gazette, specifL such organisation as an organisation of a political nature not

being a political party, referred to in clause (fl of sub-section (I) of section 3:

Provided that the Central Government may, by rules made by it, frame the guidelines specifying the ground or grounds on which an organisation shall be specified as an organisation of a political nature.

(2) Before making an order under sub-section (I), the Central Government shall give the organisation in respect of whom the order is proposed to be made, a notice in writing informing it ofthe ground or grounds, on which it is proposed to be specified as an organisation of political nature under that sub-section.

(3) The organisation to whom a notice has been served under sub-section (2), may, within a period of thirty days from the date of the notice, make a representation to the Central Government giving reasons for not specifjling such organisation as an organisation under sub-section (I):

SEC. I ] THE GAZETTE OF INDIA EXTRAORDINARY 7

Provided that the Central Government may entertain the representation after the expiry of the said period of thirty days, if it is satisfied that the organisation was prevented by sufficient cause from making the representation within thirty days.

(4) The Central Government may, if it considers it appropriate, forward the representation referred to in sub-section (3) to any authority to report on such representation.

(5) The Central Government may, after considering the representation and the report of the authority referred to in sub-section (4), specify such organisation as an organisation of a political nature not being a political party and make an order under sub-section (I) accordingly.

(6) Every order under sub-section (I) shall be made within a period of one hundred and twenty days from the date of issue of notice under sub-section (2):

Provided that in case no order is made within the said period of one hundred and twenty days, the Central Government shall, after recording the reasons therefor, make an order under sub-section (I) within a period of sixty days from the expiry ofthe said ,:riod of one hundred and twenty days.

6. No member of a Legislature or oflice-bearer ofa political party or Judge or Government servant or employee of any corporation or any other body owned or controlled by the Government shall, while visiting any country or territory outside India, accept, except with the prior permission ofthe Central Government, any foreign hospitality:

Provided that it shall not be necessary to obtain any such permission for an emergent medical aid needed on account of sudden illness contracted during a visit outside India, but, where such foreign hospitality has been received, the person receiving such hospitality shall give, within one month from the date of receipt of such hospitality an intimation to the Central Government as to the receipt of such hospitality, and the source from which, and the manner in which, such hospitality was received by him.

7. No person who - (a) is registered and granted a certificate or has obtained prior permission under

this Act; and (b) receives any foreign contribution,

shall transfer such foreign contribution to any other person unless such other person is also registered and had been granted the certificate or obtained the prior permission under this Act:

Provided that such person may transfer, with the prior approval of the Central Government, a part of such foreign contribution to any other person who has not been granted a certificate or obtained permission under this Act in accordance with the rules made by the Central Government.

8. (1) Every person, who is registered and granted a certificate or given prior permission under this Act and receives any foreign contribution,-

(a) shall utilise such contribution for the purposes for which the contribution has been received:

Provided that any foreign contribution or any income arising out of it shall not be used for speculative business:

provided fbrther that the Central Government shall, by rules, specify the activities or business which shall be construed as speculative business for the purpose of this section;

(6) shall not defray as far as possible such sum, not exceeding fifty per cent. of such contribution, received in a financial year, to meet administrative expenses:

Provided that administrative expenses exceeding fifty per cent. of such contribution may be defrayed with prior approval of the Central Government. (2) The Central Government may prescribe the elements which shall be included in the

administrative expenses and the manner in which the administrative expenses refe:rzd to in sub-section (I) shall be calculated.

9. The Central Government may- (a) prohibit any person or organisation not specified in section 3, from accepting

any foreign contribution; (b) require any person or class of persons, not specified in section 6, to obtain

prior permission of the Central Government before accepting any foreign hospitality;

Restriction on acceptance o f foreign hospitality.

Prohibition to transfer foreign contribution to other person.

Restriction to utilise forelgn contribution for administrative purpose.

Power of Central Government to prohibit receipt o f foreign con- tribution, etc., in certain cases.

(c) require any person or class of persons not specified in section I I, to furnish intimation within such time and in such manner as may be prescribed as to the amount of any foreign contribution received by such person or class of persons as the case may be, and the source from which and the manner in which such contribution was received and the purpose for which and the manner in which such foreign contribution was utilised;

(6) without prejudice to the provisions of sub-section (I) of section 1 1, require any person or class of persons specified in that sub-section to obtain prior permission of the Central Government before accepting any foreign contribution;

(e) require any person or class of persons, not specified in section 6, to furnish intimation, within such time and in such manner as may be prescribed, as to the receipt of any foreign hospitality, the source from which and the manner in which such hospitality was received:

Provided that no such prohibition or requirement shall be made unless the Central Government is satisfied that the acceptance of foreign contribution by such person or class of persons, as the case may be, or the acceptance of foreign hospitality by such person, is likely to affect prejudicially -

(i) the sovereignty and integrity of India; or

(ii) public interest; or

(iii) freedom or fairness of election to any Legislature; or

(iv) friendly relations with any foreign State; or

(v) harmony between religious, racial, social, linguistic or regioiial groups, castes or communities.

Power 10. Where the Central Government is satisfied, after making such inquiry as it may lo Pol l ib i t deem fit, that any person has in his custody or control any article or currency or security, payment of currency whether Indian or foreign, which has been accepted by such person in contravention of any received in of the provisions of this Act, it may, by order in writing, prohibit such person from paying, contravention delivering, transferring or otherwise dealing with, in any manner whatsoever, such article or Of Ihe Act currency or security save in accordance with the written orders of the Central Government

and a copy of such order shall be served upon the person so prohibited in the pr -scribed manner, and thereupon the provisions of sub-sections (2), (3), (4) and (5) of section 7 of the Unlawful Activities (Prevention) Act, 1967 shall, so far as may be, apply to, or in relation to, 37 of 1967

such article or currency or security and references in the said sub-sections to moneys, securities or credits shall be construed as references to such article or currency or security.

CHAPTER 111

Registration of 11. (I) Save as otherwise provided in this Act, no person having a definite cultural, certain persons economic, educational, religious or social programme shall accept foreign contribution unless with Central Government. such person obtains a certificate of registration from the Central Government:

Provided that any association registered with the Central Government under section 6 or granted prior permission under that section of the Foreign Contribution (Regulation) Act, 1976, as it stood immediately before the commencement ofthis Act, shall be deemed to 49 of 1976.

have been registered or granted prior permission, as the case may be, under this Act and such registration shall be valid for a period of five years frcm the date on which this section comes into force.

(2) Every person referred to in sub-section (I) may, if it is not registered with the Central Government under that sub-section, accept any foreign contribution only after

SEC. 1 1 THE GAZETTE OF INDIA EXTRAORDINARY 9

obtaining the prior permission ofthe Central Government and such prior permission shall be valid for the specific purpose for which it is obtained and from the specific source:

Provided that if the person referred to in sub-sections (I) and (2) has been found guilty ofviolation ofany ofthe provisions ofthis Act or the Foreign Contribution (Regulation)

49 of 1976. Act, 1976, the unutilised or unreceived amount of foreign contribution shall not be utilised or received, as the case may be, without the prior approval of the Central Government.

(3) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, specify--

(i) the person or class of persons who shall obtain its prior permission before accepting the foreign contribution; or

(ii) the area or areas in which the foreign contribution shall be accepted and utilised with the prior permission ofthe Central Government; or

(iii) the purpose or purposes for which the foreign contribution shall be utilised with the prior permission of the Central Government; or

(iv) the source or sources from which the foreign contribution shall be accp~ted with the prior permission of the Central Government.

12. (I ) An application by a person, referred to in section 11 for grant of certificate or Grant of giving prior permission, shall be made to the Central Government in such form and manner cer!ifica!e

reglstratlon. and along with such fee, as may be prescribed. \

(2) On receipt of an application under sub-section (I), the Central Government shall, by an order, if the application is not in the prescribed form or does not contain any of the particulars specified in that form, reject the application.

(3) If on receipt of an application for grant ofcertificate or giving prior permission and after making such inquiry as the Central Government deems fit, it is of the opinion that the conditions specified in sub-section (4) are satisfied, it may, ordinarily within ninety days from the date of receipt of application under sub-section (I), register such person and grant him a certificate or give him prior permission, as the case may be, subject to such terms and conditions as may be prescribed:

Provided that in case the Central Government does not grant, within the said period of ninety days, a certificate or give prior permission, it shall communicate the reasons therefor to the applicant:

Provided further that a person shall not be eligible for grant of certificate or giving prior 9

permission, ifhis certificate has been suspended and such suspension of certificate continues on the date of making application.

(4) The following shall be the conditions for the purposes of sub-section (3), namely:-

(a) the person making an application for registration or grant of prior permission under sub-section (I),-

(i) is not fititious or benami;

(ii) has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another;

(iii) has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country;

(iv) has not been found guilty of diversion or mis-utilisation of its funds;

(v) is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends;

(vi) is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes;

'1 0 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

(vii) has not contravened any of the provisions of this Act;

(viii) has not been prohibited from accepting foreign contribution;

( b ) the person making an application for registration under sub-section ( I ) has undertaken reasonable activity in its chosen filed for the benefit of the society for which the foreign contribution is proposed to be utilised;

(c) the person making an application for giving prior permission under sub-section ( I ) has prepared a reasonable project for the benefit of the society for which the foreign contribution is proposed to be utilised;

(d) in case the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence pending against him;

(e ) in case the person being other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him;

u> the acceptance of foreign contribution by the person referred to in sub- section ( I ) is not likely to affect prejudicially-

( i ) the sovereignty and integrity of India; or

( i i) the security, strategic, scientific or economic interest of the State; or

(iii) the public interest; or

( iv) freedom or fairness of election to any Legislature; or

( v ) friendly relation with any foreign State; or

(vi) harmony between religious, racial, social, linguistic, regional groups, castes or communities;

(g) the acceptance of foreign contribution referred to in sub-section (I),-

( i ) shall not lead to incitement of an offence;

( i i) shall not endanger the life or physical safety of any person.

(5) Where the Central Government refuses the grant of certificate or does not give prior permission, it shall record in its order the reasons therefor and furnish a copy thereofto the applicant:

Provided that the Central Government may not communicate the reasons for refusal for grant of certificate or for not giving prior permission to the applicant under this section in cases where is no obligation to give any information or documents or records or papers under the Right to Informtion Act, 2005. 22 of 2005.

(6) The certificate granted under sub-section (3) shall be valid for a period of five years and the prior permission shall be valid for the specific purpose or specific amount of foreign contribution proposed to be received, as the case may be.

Suspension of 13. (1 ) Where the Central Government, for reasons to be recorded in writing, is satisfied certificate. that pending consideration of the question of cancelling the certificate on any of the grounds

mentioned in sub-section ( I ) of section 14, it is necessary so to do, it may, by order in writing, suspend the certificate for such period not exceeding one hundred and eighty days as may be specified in the order.

(2) Every person whose certificate has been suspended shall - (a) not receive any foreign contribution during the period of suspension of

certificate:

Provided that the Central Government, on an application made by such person, if it considers appropriate, allow receipt of any foreign contribution by such person on such terms and conditions as it may specify; I,

SEC. 11 THE GAZETTE OF INDlA EXTRAORDINARY 11

( 6 ) utilise, in the prescribed manner, the foreign contribution in his custody with the prior approval of the Central Government. 14. ( I ) The Central Government may, if it is satisfied after making such inquiry as it may Cancellation of

deem fit, by an order, cancel the certificate if- certificate.

(a) the holder of the certificate has made a statement in, or in relation to, the application for the grant of registration or renewal thereof, which is incorrect or false; or

( 6 ) the holder of the certificate has violated any of the terms and conditions of the certificate or renewal thereof; or

(c) in the opinion ofthe Central Government, it is necessary in the public interest to cancel the certificate; or

(d) the holder of certificate has violated any ofthe provisions ofthis Act or rules or orde; made thereunder; or

(e) ifthe holder ofthe certificate has not been engaged in any reasonable activity in its chosen field for the benefit of the society for two consecutive years or has become defunct.

( 2 ) No order of cancellation of certificate under this section shall be made unless the person concerned has been given a reasonable opportunity of being heard.

( 3 ) Any person whose certificate has been cancelled under this section shall not be eligible for registration or grant of prior permission for a period ofthree years from the date of cancellation of such certificate.

15. ( 1 ) The foreign contribution and assets created out ofthe foreign contribution in the custody of every person whose certificate has been cancelled under section 14 shall vest in such authority as may be prescribed.

( 2 ) The authority referred to in sub-section ( I ) may, if it considers necessary and in public interest, manage the activities of the person referred to in that sub-section ibr such period and in such manner, as the Central Government may direct and such authority may utilise the foreign contribution or dispose of the assets created out of it in case adequate funds are not available for running such activity.

( 3 ) The authority referred to in sub-section ( 1 ) shall return the foreign contribution and the assets vested upon it under that sub-section to the? person referred to in the said sub-section if such person is subsequently registered under this Act.

16. ( 1 ) Every person who has been granted a certificate under section 12 shall have such certificate renewed within six months before the expiry of the period of the certificate.

Management of foreign con- tribution of person whose certificate has been cancelled.

Renewal of certificate.

(2) The application for renewal of tta certificate shall be made to the Central Government in such form and manner and accompanied by suck fee as may be prescribed.

( 3 ) The Central Government shall renew the certificate, ordinarily within ninety days from the date of receipt of application for renewal of certificate subject to such terms and conditions as it may deem fit and grant a certific,ate of renewal for a period of five years:

Provided 'that in case the Central Government does not renew the certificate within the said period of ninety days, it shall communicate the reasons therefor to the applicant:

Provided further that the Central Government may refuse to renew the certificate in case where a person has violated any of the provisipns of this Act or rules made thereunder.

CHAPTER IV

17. ( 1 ) Every person who has been granted a certificate or given prior permission Foreign under section 12 shall receive foreign contribution in a single account only through such

through one of the branches of a bank as he may specify in his application for grant of certificate: scheduled Provided that such person may open one or more accounts in one or more banks for bank.

utilising the foreign contribution received by him:

12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Intimation

Maintenance of accounts.

Audit of accounts.

, Intimation by ' candidate for election.

Disposal of assets created out of foreign contribution.

L

Provided further that no funds other than foreign contribution shall be received or deposited in such account or accounts.

(2) Every bank or authorised person in foreign exchange shall report to such authority as may be specified-

(a) prescribed amount of foreign remittance;

(b) the source and manner in which the foreign remittance was received; and

(c) other particulars,

in such form and manner as may be prescribed.

18. (1) Every person who has been granted a certificate or given prior approval under this Act shall give, within such time and in such manner as may be prescribed, an intimation to the Central Government, and such other authority as may be specified by the Central Government, as to the amount of each foreign contribution received by it, the source from which and the manner in which such foreign contribution was received, and the purposes for which, and the manner in which such foreign contribution was utilised by him.

(2) Every person receiving foreign contribution shall submit a copy of a statement indicating therein the particulars of foreign contribution received duly certified by officer of the bank or authorised person in foreign exchange and furnish the same to the Central Government along with the intimation under sub-section ( I ) .

19. Every person who has been granted a certificate or given prior approval under this Act shall maintain, in such form and manner as may be prescribed,-

(a) an account of any foreign contribution received by him; and

(b) a record as to the manner in which such contribution has been utilised by him.

20. Where any person who has been granted a certificate or given prior permission, fails to furnish any intimation underthis Act within the time specified therefor or the intimation so furnished is not in accordance with law or if, after inspection of such intimation, the Central Government has any reasonable cause to believe that any provision of this Act has been, or is being, contravened, the Central Goverl~ment may, by general or spec;-l order, authorise such gazetted-officer, holding a Group Apost under the Central Government or any other officer or authority or organisation, as it may think fit, to audit any books of account kept or maintained by such person and thereupon every such officer shall have the right to enter in or upon any premises at any reasonable hour, before sunset and after sunrise, for the purpose of auditing the said books of account:

Provided that any information obtained from such audit shall be kept confidential and shall not be disclosed except for the purposes of this Act.

21. Every candidate for election, who had received any foreign contribution, at any time within one hundred and eighty days immediately preceding the date on which he is duly nominated as such candidate, shall give, within such time and in such manner as may be prescribed, an intimation to the Central Government or prescribed authority or both as to the amount of foreign contribution received by him, the source from which, and the manner in which, such foreign contribution was received and the purposes for which and the manner in which such foreign contribution was utilised by him.

22. Where any person who was permitted to accept foreign contribution under this Act, ceases to exist or has become defunct, all the assets of such person shall be disposed of in accordance with the provisions contained in any law for the time being in force under which the person was registered or incorporated, and in the absence of any such law, the Central Government may, having regard to the nature of assets created out of foreign contribution received under this Act, by notification, specify that all such assets shall be disposed off by such authority, as it may specify, in such manner and procedure as may be prescribed.

SEC. 11 THE GAZETTE OF lNDlA EXTRAORDINARY 13

CHAPTERV

INSPECTION, SEARCH AND SEIZURE %

23. If the Central Government has, for any reason, to be recorded in writing, any Inspection of ground to suspect that any provision of this Act has been or is being, contravened by- accounts Or

records. (a) any political party; or

(6) any person; or

(c) any organisation; or

(4 any association,

it may, by general or special order, authorise such gazetted officer, holding a Group A post under the Central Government or such other officer or authority or organisation, as it may think fit (hereinafter referred to as the inspecting officer), to inspect any account or record maintained by such political party, person, organisation or association, as the case may be, and thereupon every such inspecting officer shall have the right to enter in or upon any premises at any reasonable hour, before sunset and after sunrise, for the purpose of inspecting the said account or record.

24. If, after inspection of an account or record referred to in section 23, the illbpecting seizure of

officer has any reasonable cause to believe that any provision of this Act or of any other law Or

relating to foreign exchange has been, or is being, contravened, he may seize such account records.

or record and produce the same before the court, authority or tribunal in which any proceeding is brought for such contravention:

Provided that the authorised officer shall return such account or record to the person from whom it was seized if no proceeding is brought within six months from the date of such seizure for the contravention disclosed by such account or record.

25. If any gazetted officer, authorised in this behalf by the Central Government by Seizure of art~cle or general or special order, has any reason to believe that any person has in his possession or currency or

control any article exceeding the value specified in sub-clause (i) of clause (h) of sub- security section (I) of section 2 or currency or security whether Indian or foreign, in relation to received In which any provision of this Act has been or is being, contravened, he may seize such contravention

article or currency or security. of the Act.

26. (1) The Central Government, may, having regard to the value of article or currency Disposal of or security, their vulnerability to theft or any relevant consideration, by notification, specify seized

or currency or such article or currency or security which shall, as soon as may be after their seizure, be se,uricy, disposed of by such officer and in such manner, as the Central Government may, from time to time, determine after following the procedure hereinafter specified.

(2) The adicle or currency or security seized shall be forwarded without unnecessary deiay to such officer as may be specified.

(3) Where any article or currency or security has been seized and forwarded to such officer, the officer referred to in sub-section (I), shall prepare an inventory of such article or currency or security containing such details relating to their description, value or such other identifying particulars as the officer referred to in that sub-section may consider relevant to the identity of the article or the currency or security and make an application to any Magistrate for the purposes of certifying the correctness of the inventory so prepared.

(4) Where an application is made under sub-section (2), the Magistrate shall, as -soon as may be, allow the application.

1 of 1872. (5 ) Notwithstanding anything contained in the Indian Evidence Act, 1872 or the Code 2 of 1974: of Criminal Procedure, 1973, every court trying an offence under this Act, shall treat the

inventory, as certified by the Magistrate, as primary evidence in respect of such offence.

(6) Every officer acting under sub-section (3) shall forthwith report the seizure to the Court of Session or Assistant Sessions Judge having jurisdiction for adjudging the confiscation under section 29.

14 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I-

Seizure to be 27. The provisions ofthe Code ofcriminal Procedure, 1973 shall apply in so far as they made in actor- are not inconsistent with the provisions of this Act to all seizures made under this Act. dance with Act 2 of 1974.

CHAPTER VI

Confiscation 28. Any article or currency or security which is seized under section 25 shall be liable ofarticle or to confiscation if such article or currency or security has been adjudged under section 29 to currency or security have been received or obtained in contravention of this Act. obtaindd in contravention of the Act.

Adjudication of 29. ( I ) Any confiscation referred to in section 28 may be adjudged- confiscation.

(a) without limit, by the Court of Session within the local Iimits of whose jurisdiction the seizure was made; and

(b) subject to such limits as may be prescribed, by such officer, not below the rank of an Assistant Sessions Judge, as the Central Government may, by notification in the Official Gazette, specify in this behalf.

( 2 ) When an adjudication under sub-section ( I ) is concluded by the Court of Session or Assistant Sessions Judge, as the case may be, the Sessions Judge or Assistant Sessions Judge may make such order as he thinks fit for the disposaI by confiscation or delivery of seized article or currency or security, as the case may be, to any person claiming to be entitled to possession thereof or otherwise, or which has been used for the commission of any offence under this Act.

Procedure for confiscation.

30. No order of adjudication of confiscation shall be made unless a reasonable opportunity of making a representation against such confiscation has been given to the person from whom any article or currency or security has been seized.

CHAPTER VII

Appeal. 31. ( I ) Any person aggrieved by any order made under section 29 may prefer an appeal,-

(a ) where the order has been made by the Court of Session, to the High Court to which such Court is subordinate; or

(b ) where the order has been made by any officer specified under clause (b) of sub-section ( I ) of section 29, to the Court of Session within the local limits of whose jurisdiction such order of adjudication of confiscation was made,

within one month from the date of communication to such person of the order:

Provided that the appellate court may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of one month, allow such appeal to be preferred within a further period of one month, but not thereafter.

(2) Any organisation referred to in clause V) of sub-section ( I ) of section 3, or any person or association referred to in section 6 or section 9, aggrieved by an order made in pursuance of section 5 or by an order ofthe Central Government refusing to give permission under this Act, or by any order made by the Central Government under sub-section ( 2 ) or sub-section ( 4 ) of section 12, or sub-section ( I ) of section 14, as the case may be, may, within sixty days from the date of such order, prefer an appeal against such order to the High Court

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 15

within the local limits of whose jurisdiction the appellant ordinarily resides or carries on business or personally works for gain, or, where the appellant is an organisation or association, the principal office of such organisation or association is located.

(3) Every appeal preferred under this section shall be deemed to be an appeal from an original decree and the provisions of Order XLI of the First Schedule to the Code of Civil

5 of 1908. Procedure, 1908, shall, as far as may be, apply thereto as they apply to an appeal from an original decree.

32. (I ) The Central Government may, either of its own motion or on an application for revision by the person registered under this Act, call for and examine the record of any proceeding under this Act in which any such order has been passed by it 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.

(2) The Central Government shall not of its own motion revise any order under this section if the order has been made more than one year previously.

(3) In the case of an application for revision under this section by the person referred to in sub-section (I), the application must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier:

Provided that the Central Government may, if it is satisfied that such person was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period.

(4) The Central Government shall not revise any order where an appeal against the order lies but has not been made and the time within which such appeal may be made has not expired or such person has not waived his right of appeal or an appeal has been filed under this Act.

(5) Every application by such person for revision under this section shall be accompanied by such fee, as may be prescribed.

Explanation.- An order by the Central Government declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to such person.

33. Any person, subject to this Act, who knowingly, -

(a) gives false intimation under sub-section (c ) of section 9 or section 18; or

(b) seeks prior permission or registration by means offraud, false representation or concealment of material fact,

shall, on conviction by a court, be liable to imprisonment for a term which may extend to six months or with fine or with both.

34. If any person, on whom any prohibitory order has been served under section 10, pays, delivers, transfers or otherwise deals with, in any manner whatsoever, any article or currency or security, whether Indian or foreign, in contravention of such prohibitory order, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both; and notwithstanding anything contained in the Code of Criminal

2 of 1974. Procedure, 1973, the court trying such contravention may also impose on the person convicted an additional fine equivalent to the market value of the article or the amount of the currency or security in respect of which the prohibitory order has been contravened by him or such part thereof as the court may deem fit.

Revision of orders by Central Government

Making of false statement, declaration or delivering false accounts.

Penalty for article or currency or security obtained in contravention of section 10.

16 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

Punishment for 35. Whoever accepts, or assists any person, political party or organisation in accepting, any foreign contribution or any currency or security from a foreign source, in contravention

o f any provi- sion of the Act. of any provision of this Act or any rule or order made thereunder, shall be punished with

imprisonment for a term which may extend to five years, or with fine, or with both.

Power to impose addi- tional fine where article or currency or security is not available for confiscation.

36. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the 2 of 1974 court trying a person, who, in relation to any article or currency or security, whether Indian or foreign, does or omits to do any act which act or omission would render such article or currency or security liable to confiscation under this Act, may, in the event ofthe conviction of such person for the act or omission aforesaid, impose on such person a fine not exceeding five times the value of the article or currency or security or one thousand rupees, whichever is more, if such article or currency or security is not available for confiscation, and the fine so imposed shall be in addition to any other fine which may be imposed on such person under this Act.

Penalty for 37. Whoever fails to comply with any provision of this Act for which no separate where penalty has been provided in this Act shall be punished with imprisonment for a term which

no separate punishment has may extend to one year, or with fine or with both. been provided.

Prohibition of 38. Notwithstanding anything contained in this Act, whoever, having been convicted acceptance of any offence under section 35 or section 37, in so far as such offence relates to the foreign contribution. acceptance or utilisation of foreign contribution, is again convicted of such offence shall

not accept any foreign contribution for a period of five years from the date of the subsequent conviction.

Offences by 39. (1) Where an offence under this Act or any rule or order made thereunder has been companies. 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:

Provided that nothing contained in this sub-section shall render such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), where an offence under this Act or any rule or order made thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty ofthat offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section,-

(a) "company" means any body corporate and includes a firm, society, trade union or other association of individuals; and

Bar on prosecution 'of offences under the Act.

Composition of certain offences.

(b) "director", in relation to a firm, society, trade union or other association of individuals, means a partner in the firm or a member of the governing body of such society, trade union or other association of individuals.

40. No court shall take cognizance of any offence under this Act, except with the previous sanction of the Central Government or any officer authorised by that Government in this behalf.

41. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 2 of 1974

any offence punishable under this Act (whether committed by an individual or association or any officer or employee thereof), not being an offence punishable with imprisonment only, may, before the institution of any prosecution, be compounded by such officers or authorities and for such sums as the Central Government may, by notification in the Official Gazette, specifj, in this behalf.

SEC. I] THE GAZETTE OF lNDlA EXTRAORDlNARY 17

(2) Nothing in sub-section ( 1 ) shall apply to an offence committed by an individual or association or its officer or other employee within a period of three years from the date on which a similar offence committed by it or him was compounded under this section.

Explanation.- For the purposes of this section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.

(3) Every officer or authority referred to in sub-section ( I ) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government.

(4) Every application for the compounding of an offence shall be made to the officer or authority referred t o in sub-section (I) in such form and manner along with such fee as may be prescribed.

(5 ) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relatio.. to whom the offence is so compounded.

(6) Every officer or authority referred to in sub-section ( I ) , while dealing with a proposal for the compounding of an offence for a default in compliance with any provision of this Act which requires by an individual or association or its officer or other employee to obtain permission or file or register with, or deliver or send to, the Central Government or any prescribed authority any return, account or other document, may, direct, by order, if he or it thinks fit to do so, any individual or association or its officer or other employee to file or register with, such return, account or other document within such time as may be specified in the order.

CHAPTER lX

42. Any inspecting officer referred to in sectibn 23 who is authorised in this behalf by Power to

the Central Government may, during the course of any inspection of any account or record for information maintained by any political party, person, organisation or association in connection with the or

contravention of any provision of this Act, -

( a ) call for i~formation from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or rule nr order made thereunder;

(b) require any person to produce or deliver any document or thing useful or relevant to such inspection;

(c) examine any person acquainted with the facts and circumstances of the case related to the inspection.

2 of 1974. 43. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any Investigation offence punishable under this Act may also be investigated into by such authority as the Central Government may specify in this behalf and the authority so specified shall have all under the ~ c t .

the powers which an officer-in-charge of a police station has while making an investigation into a cognizable offence.

44. The prescribed authority shall furnish to the Central Government at such time and Returns by

in such form andmannersuch returns and statements as may be prescribed. prescribed authority to Central Government.

45. No suit or other legal proceedings shall lie against the Central Government or Protection of the authority referred to in section 44 or any of its officers in respect of any loss 01 Jamage action taken in

caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or, any rule or order made thereunder.

18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Power of 46. The Central Government may give such directions as it may deem necessary to any Central other authority or any person or class of persons regarding the carrying into execution of the Government to give directions, provisions of this Act.

Delegation of 47. The Central Government may, by notification, direct that any of its powers or powers. functions under this Act, except power to make rule under section 48, shall, in relation to

such matters and subject to such conditions, if any, may be specified in the notification, be exercised or discharged also by such authority as may be specified.

Power to 48. (1) The Central Government may, by notification, make rules for carrying out the make 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 ofthe following matters, namely:-

(a) the value ofthe article which may be specified under sub-clause (9 of clause (h) of sub-section (1 ) of section 2;

(b ) the authority which may be specified under clause (p) of sub-section (1 ) of section 2;

(c) acceptance or retention of gift or presentation under clause (4 of section 4;

(6) guidelines specifying the ground or grounds on which an organisation may be specified as an organisation of political nature under sub-section (1 ) of section 5;

(e ) the activities or business which shall be construed as speculative business under the proviso to clause (a ) of sub-section (1) of section 8;

(f) the elements and the manner in which the administrative expenses shall be calculated under sub-section (2 ) of section 8;

(g ) the time within which and the manner in which any person or class of persons or an association may be required to furnish intimation regarding the amount of foreign contribution received under clause (c) of section 9;

(h ) the time within which and the manner in which any person or class of persons may be required to furnish intimation regarding foreign hospitality under clause (e) of section 9;

(i) the manner in which the copy of the order ofthe Central Government shall be served upon any person under section 10;

(j) the form and manner in which the application for grant of certificate of registration or giving of prior permission under sub-section (1 ) of section 12;

- (k) the fee to be accompanied by the application under sub-section ( 1 ) of

section 12;

(I) the terms and conditions for granting a certificate or giving prior permission under clause (g) of sub-section (4 ) of section 12;

(m) the manner of utilising the foreign contribution under clause (b ) of sub- section (2 ) of section 13;

(n) the authority with whom the foreign contribution to be vested under sub- section (1 ) of section 15;

(0) the period within which and the manner in which the foreign contribution shall be managed under sub-section (2 ) of section 15;

(p) the form and manner in which the application for a renewal ofcertificate of ,

registration shall be mqde under sub-section (2 ) of section 16;

(q) the fee to be accompanied by the application for renewal of certificate under sub-sectisr, <2j of section 16;

(r) the prescribed amount of foreign remittance, the form and manner In which the foreign remittance received by every bank or authorised person in foreign exchange shall be reported under sub-section (2 ) of section 17;

THE GAZETTE OF INDIA EXTRAORDINARY

(s) the time within which and the manner in which the person who has been granted certificate of registration or given prior permission under this Act shall give intimation under section 18;

(I) the form and manner in which account of any foreign contribution and the manner in which such'contribution has been utilised shall be maintained under section 19;

(u) the time within which and the manner in which a candidate for election shall give intimation under section 2 1 ;

(v) the manner and procedure to be followed in disposing of the assets under section 22;

(w) the limits subject to which any confiscation may be adjudged under clause (b) of sub-section ( I ) of section 29;

(x) the fee to be accompanied along with every application for revision under sub-section (5) of section 32;

01) the form and manner for making of an application for compounding of an offence and the fee therefor under sub-section (4) of section 41;

(2) the form and manner in which and the time within which returns and statements to be fi~rllished by the prescribed authority under section 44;

(za) any other matter which is required to be, or may be, prescribed.

49. Every order made under section 5 and every rule made by the Central Government orders and rules

under this Act shall be laid, as soon as may be after it is made, before each House of ~ a ~ ~ ~ ' ~ ~ ~ f O r e 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 rule or both Houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule.

50. If the Central Government is of opinion that it is necessary or expedient in the Power to interests of the general public so to do, it may, by order and subject to such conditions as exempt in

may be specified in the order, exempt any person or association or organisation (not being a certain cases.

political party), or any individual (not being a candidate for election) from the operation of all or any of the provisions of this Act and may, as often as may be necessary, revoke or modify such order.

51. Nothing contained in this Act shall apply to any transaction between the Act not to

Government of India and the Government of any foreign country or territory. apply to certain Government transactions

52. The provisions of this Act shall be in addition to, and not in derogation of, the Application of

provisions of any other law for the time being in force. other laws not barred.

53. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may, by order, published in the Official Gazette, make such provisions not remove

difficulties. inconsistent with the provisions of this Act as may appear to be necessary for removing the dificulty:

Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House ofparliament.

. 20 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

Repeal and 54. (1) The Foreign Contribution (Regulation) Act, 1976 (hereafter referred to as the 49 of 1976. saving. repealed Act) is hereby repealed.

(2) Notwithstanding such repeal,--

(a) anything done or any action taken or purported to have been done or taken under the repealed Act 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;

(6) any organisation ofa political nature, not being a political party, to whom the prior permission was granted under section 5 of the repealed Act, shall continue to be the organisation of a political nature, not being a political party, under clause (n of sub- section (1) of section 3 of this Act, till such permission is withdrawn by the Central Government;

(c) permission to accept foreign hospitalitygranted under section 9 ofthe repealed Act shall be deemed to be the permission granted under section 6 of this Act until such permission is withdrawn by the Central Government;

(4 any associatian prohibited from accepting any foreign contribution under clause (a) of section 10 ofthe repealed Act, in so far as it is not inconsistent with the provisions ofthis Act, shall be deemed to be an association prohibited from accepting any foreign contribution under section 9 of this Act;

(e) permission obtained under clause (6) of section 10 of the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to be the permission until such permission is withdrawn by the Central Government;

(n any order issued under section 12 of the repealed Act shall be deemed to be an order issued under section 10 of this Act;

( g ) any order issued under section 31 of the repealed Act exempting any association or any individual shall be deemed to be an order under section 50 of this Act till such order is varied or revoked.

(3) Save as provided in sub-section (2) , mention of particular matters in that sub- section 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. 1 0 of 1897.

V.K. BHASIN, Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS. M I N T 0 ROAD, NEW DELHl AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010.

T h e Ti0 ft" ~ e ( ~ ) ~ 4 / ~ ~ ~ 7 / 2 ~ ~ 3 - 1 ~ REGISTERED NO. DL-(N)04/0007/2003-10

mm EXTRAORDINARY

o T m 1 1 - - ~ 1 PART II - Section 1 m f ~ ~ ~

PUBLISHED BY AUTHORITY

*O 521 .rf m, TbFiE, f&FR 27, 2010 I SlTf@iT 5, 1932 No. 521 NEW DELHI, MONDAY, SEPTEMBER 27,2010 I ASVINA 5,1932

w o r m 3 ~ p a a ~ i t ~ % ~ f 8 i a m ~ & ~ s 3 m ~ ~ 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 27th September, 20 10/Asvina 5,1932 (Saka)

The following Act of Parliament received the assent of the President on the 26th September, 2010, and is hereby published for general information:-

THE INDIAN MEDICINE CENTRAL COUlVCIL (AMENDMENT) ACT, 20 1 0

No. 43 OF 201 0 [26th Septembec 20 1 0.1

An Act fiuther to amend the Indian Medicine Central Council Act, 1970. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. ( I ) This Act may be called the Indian Medicine Central Council (Amendment) Act, Short title and

2010. commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

48 of 1970. 2. In the Indian Medicine Central Council Act, 1970 (hereinafter referred to as the Amendment principal Act), in section 2, in clause (e), for the words "or Unani Tibb", the words, ", Unani sekti0n 2.

Tibb or Sowa-Rigpa" shall be substituted.

3. In the principal Act, in section 3,- Amendment

(a) for the words "and Unani" wherever they occur, the words ", Unani and of section 3.

Sowa- Rigpa" shall be substituted; and

(b) for the words "or Unani", the words ",Unani or Sowa-Rigpa" shall be substituted.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PARTU-SEC. 11

Amendment 4. In section 8 of the principal Act, in the proviso to sub-section (2), for the words "or section 8. Unani", the words ", Unani or Sowa-Rigpa" shall be substituted.

An~endn~ent 5. In section 9 of the principal Act,- of section 9.

( A ) for subrsection (I), the following sub-section shall be substituted, namely:-

"(-1) The Central Council shall constitute fi:m amongst its members,-

(a) a committee for Ayurveda;

(6) a committee for Siddha;

(c) a committee for Unani; and

(4 a committee for Sowa-Rigpa,

and each such committee shall consist of members elected under clause (a) or clause (b) or nominated under clause (c) of sub-section (I) of section 3 representing the Ayurveda, Siddha, Unani or Sowa-Rigpa system of medicine, as the case may be.";

(B) in sub-section (2), for the words "and Unani", the words ", Unani and Sowa- Rigpa" shall be substituted;

(C) in sub-section (3), for the words "or Unani", the words ", Unani or Sowa- Rigpa" shall be substituted.

Amendment 6. In section 17 of the principal Act, in sub-section (2), in clause (a), for the words of section 17. "physician or", the words "physician or Amchi or" shall be substituted.

Amendment 7. In the First Schedule to the principal Act, in paragraph 1, for the words "and Unani", of First the words", Unani and Sowa-Rigpa" shall be substituted. Schedule.

V.K. BHASIN, Secy. to the Govt. of India.

CORRIGENDA

In the Clinical Establishments (Registration and Regulation) Act, 20 10 (23 of 20 1 O), as published in the Gazette of India, Extraordinary, Part 11, Section I, dated the 19thAugust, 20 10 (Issue No. 3 I),-

1. At Page 4, line 14, for "sandards", read "standards". 2. At page 8, line 28 for "clincial", read "clinical".

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-2010. '

T h $ Go ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DL-(N)04/0007/2003-10

mm EXTRAORDINARY WII--1

PART II - Section 1 - S l T s e m ; T T . ~ ~

PUBLISHED BY AUTHORITY

Ti0 531 T$ m, @RTT 13, 2010/ WRFPl22, 1932(?lF) No. 531 NEW D E m , MONDAY, DECEMBER 13,20101AGRAHAYAWA 22,1932 (,§AKA)

m o r m ~ ~ p a a ~ ~ ~ 8 ~ % ~ m ~ 6 : w ~ ~ i m w ~ 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 13th December, 201 OIAgrahayana 22,1932 (Saka)

The following Act of Parliament received the assent of the President on the 1 lth December, 20 10, and is hereby published for general information:-

THE APPROPRIATION (No. 5) ACT, 20 1 0

No. 44 OF 2010

[I lth December, 20 101

An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 2010-11.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. This Act may be called the Appropriation (No. 5) Act, 20 10. Short title.

2. From and out of the Consolidated Fund of India there may be paid and applied Issue of Rs. 44945,52,00,000 sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate out of the

to the sum of forty-four thousand nine hundred forty-five crores and fifty-two lakh rupees Consolidated only towards defraying the several charges which will come in the course of payment Fund of India during the financial year 2010-1 1 in respect of the services specified in column 2 of the for financial

Schedule. year 2010-1 I .

2 -- THE GAZETTE OF lWiA EX'PKAORDINAKY [PART II- -- ----- --

Appropriation. 3. The sums authorised to be paid and applied fiom and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY -- --- ---- -- J ----

TIfE SCHEDULE (See sections 2 and 3)

Department of Agriculture and Cooperation . Revenue C q i I a l

D ~ e n t o ~ ~ a l H ~ , D ~

d F s ....................... Revenue

A b n k E r ~ r r g y ........................ R m u e Capital

Nuclear Power Schemes. . . . . . . . . . . . . . . . . Revenue

1

No. o f Vote

Department of Chemicals and Pet~ochemicals Revenue Department of Fertilisers . . . . . . . . . . . . . . . . Revenue

2

Services and purposes

I Department of Industrial Policy and Promotion Revenue Department of Posts . . . . . . . . . . . . . . . . . . . Revenue Department of Telecommunications. . . . . . . . Revenue

( Department of Consumer Affairs . . . . . . . . . . Revenue Department of Food and Public Distribution . Revenue

Capital Ministry of Culture . . . . . . . . . . . . . . . . . . . . Revenue Ministry of Defence. . . . . . . . . . . . . . . . . . . . Revenue

Capital

( Defence Services-Army . . . . . . . . . . . . . . . Revenue Defence Services-Navy . . . . . . . . . . . . . . . . Revenue Ministry of Development of North Eastern

Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Ministry of Environment and Forests . . . . . . . Revenue

Capital

Ministry of External Affairs . . . . . . . . . . . . . . Revenue . . . . . . . . . Department of Financial Services. Revenue

Transfers to State and Union territory Governments . . . . . . . . . . . . . . . . . . . . . . . Revenue

Capital c ~ ~ ~ ~ ~ ~ . - R e p a y m e n t of debt Capital

. . . Department of Health and Family Welfare Revenue Capital

47

48 49 SO 51

52 53

Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) Revenue

Department of Health Research . . . . . . . . . . . Revenue Department of Heavy Industry . . . . . . . . . . . . . Capital

. . . . . . . . . Department of Public Enterprises. Revenue . . . . . . . . . . . . . . . . Ministry of Home Affairs Revenue

Cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Revenue

Capital

THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-SEC. 11

No. of Vote

2 3 Sums not exceeding

Services and purposes by Parliament

Consolidated

t - Fund

Other Expenditure of the Ministry of Home Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

. . . Transfers to Union territory Governments Revenue

Ministry of Housing and Urban Poverty Alleviation.. . . . . . . . . . . . . . . . . . . . . . . . Revenue

Department of School Education and Literacy . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

~epartm6nt of Higher Education. . . . . . . . . . Revenue

. . . . 59 1 Ministry of Information and Broadcasting. Capital 1 62 65

Ministry of Petroleum and Natural Gas . . . . . Revenue

Ministry of Planning . . . . . . . . . . . . . . . . . . . Revenue

Ministry of Power . . . . . . . . . . . . . . . . . . . . . Revenue

LokSabha . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue RajyaSabha . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Law and Justice . . . . . . . . . . . . . . . . . . . . . . . Revenue

Ministry of Mines . . . . . . . . . . . . . . . . . . . . . Revenue Capital

67 71

CHARGED. - Union Public Service Commission Revenue

Ministry of New and Renewable Energy . . . . Revenue

Ministry of Personnel, Public Grievances and Pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Ministry of Road Transport and Highways . . Revenue

81 1 Department of Rural Development. . . . . . . . . Revenue ( Department of Drinking Water and Sanitation

(Previously Department of Drinking Water Supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue

Department of Science and Technology . . . . Revenue

8 I Ministry of Social Justice and Empowerment . Revenue I Ministry of Statistics and Programme

Implementation . . . . . . . . . . . . . . . . . . . . . Revenue Ministry of Textiles . . . . . . . . . . . . . . . . . . . . Revenue Andaman and Nicobar Islands . . . . . . . . . . . Revenue Chandigarh . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Department of Urban Development . . . . . . . . Revenue Public Works . . . . . . . . . . . . . . . . . . . . . . . . . Capital Ministry of Water Resources. . . . . . . . . . . . . Revenue Ministry of Women and Child Development . Revenue

TOTAL.. ..............

Rs.

V. K. BHASTN,

-- Secy. to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2010.

T k $ do 30 ~ ~ ( ~ ) 0 4 / 0 0 0 7 / 2 0 0 3 - 1 0 REGISTERED NO. DG(N)0410007/2003-10

mm EXTRAORDINARY

WT 11-WJX 1 PART' II - Section 1 m*m

PUBLISHED BY AUTHOFUI'Y

T+ 543 T$ m, dWR, 13, 20101 22, 1932(W) No. 541 FJEW DELHI, MONDAY, DECEMBER 13,20lO/AGRAHAYANA22,1932 (SAKA)

worm-rf*~m*jfiTif)em%w~;f~m**m-rflfw&l Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 13 th December, 20 1 OIAgrahayana 22,1932 (Saka)

The following Act of Parliament received the assent of the President on the 1 lth December, 20 10, and is hereby published for general information:-

THE APPROPRIATION (No. 6) ACT, 201 0

No. 45 OF 2010

An Act to provide 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 3 1st day of March, 2009, in excess of the amounts granted for those services and for that year.

BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. This Act may be called the Appropriation (No. 6)Act, 20 10.

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 one thousand twelve crores, eighty- one lakhs, ninety-eight thousand, one hundred and seventeen rupees shall be deemed to have been authorised to be paid and applied to meet the amounts 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, 2009, in excess of the amounts granted for those services and for that year.

Short title.

lssue of Rs. 1012,81,98,117 out of the Consolidated Fund of lndia to meet certain excess expenditure for the year ended on 3 1 st day of March, 2009.

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-

Appropriation. 3. The sums deemed to have been authorised to be paid and applied 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 3 1st day of March, 2009.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3 --- ---

THE SCHEDULE (See sections 2 and 3)

3 Excess

No. of Services and putposes

Ministry of Defence ..................................... Revenue 1 27,4986,122 1 Defence Pensions ....................................... Revenue I 13,32985 1 Defence Services -Air Force ..................... Revenue ( 610,3659,389 1 Defence Ordnance Factories ........................ Revenue / 132,24,87,268 1 Pensions ...................................................... Revenue 1 163,18,09,424 1 Other Expenditure of the Ministry of

Home Affairs .................................... .... . Revenue 79,3922,929

TOTAL.. ............. 1012,81,98,117

In the Legal Metrology Act, 2009 (No. lof 201 O), as published in the Gazette of India, Extraordinary, Part 11, Section 1, dated the 14th January, 201 0 (Issue No. I),-

(i) at page 14, line 9, for "52" read "53";

(ii) at page 14, line 1 3, for "52" read "53"

Rs.

27,49,86,122

CORRIGENDA

In the Foreign Contribution (Regulation) Act, 2010 (42 of 2010), published in the Gazette ofhdia, Extraordina~y, Part II, Section 1, dated the 27th September, 2010 (IssueNo. 5 I),-

1. At page 9, line 38, for "fititious", read "fictitious".

2. At page 10,-

(i) line 4, for "filed", read "field".

(ii) line 32, for "where is", read "where there is".

3. At page 15, line 33, for "sub-section (c)", read "clause (c)".

4.At page 18, line 5, for "rule", read "rules".

V. K. BltIASIN, Secy, to the Govt. of India.

PRINTED BY TEE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELH, 2010.

TbiF$ -ti. 30 m-(~)04/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003--10

wm ExTRAOIPDmARY

WT 11-WX 1 PART II - Section 1 ~*~

PUBLISHED BY AUTHORITY

Ti0 591 m, FbFtR, f&WR 13, 20101 WlVfJl22, 1932(VF) No. 591 NEW DELHJ, MONDAY, DECEMJ3ER 13,20lOIAGRAHaYANA22,1932 (SAKA)

3 t ~ m 4 * p s a ~ i t d % m % ~ m m d i ~ ; ~ 4 m 9 ~ * 1 Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 13th December, 20 1 OIAgrahayana 22,1932 (Saka)

The following Act of Parliament received the assent of the President on the 1 lth December, 20 10, and is hereby published for general information:-

THE APPROPIQLATION (RAILWAYS) No. 5 ACT, 20 1 0

No. 46 OF 2010

[I I th ~ e c & ber, 20 101

An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 20 10- 1 1 for the purposes of Railways.

BE it enacted by Parliament in the Sixty-first Year ofthe Republic of India as follows:-

1. This Act may be called the Appropriation (Railways) No. 5 Act, 20 10. Short title.

2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of one thousand twenty-four crores and sixty-one lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2010-1 1, in respect of the services relating to Railways specified in column 2 of the Schedule.

3. The sums authorised to be paid and applied fkom and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

Issue of Rs.l024,61,00,000 out of the Consolidated Fund of India for financial year 2010-11.

Appropriation.

2 THE GAZETTE OF INDIA EXTRAORDINARY -- ---.

[PART 11-SEC. 11 -

THE SCHEDULE (See sections 2 and 3)

1

No. of Vote

Rs.

V. K. BHASIN, Secy. to the Govt, ofIndia.

2

Services and purposes

16

PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2010.

Fund Rs.

Assets-Acquisition, Construction and Replacement-

Other Expenditure

Capital .................................................................... 1024,61,00,000 1024,6 1,00,000

TOTAL ........................................................... 1024,61,00,000 1024,61,00,000

3 Sums not exceeding

Rs.

Voted by Parliament

Charged on the

Consolidated Total

T h @ do 30 'QT~(~)04/0007/2003-10 REGISTERED NO. DL-(N)04/0007/2003-10

mm ExTR40RY)WARY

ollrl 11-W'G 1 PART I1 - Section 1 m+rTmim

PTTBLISHED BY AUTHORITY

Ti0 56) ~4 m, h, r- 13,20101 amtw 22, 1932(m) No. 561 NEW DELJQ MONDAY, DECEMBER 13,2010/AGFM-IAYANA22,1932 ($AKA)

Separate paging is given to this Part in order that it may be Bled as 'a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department)

New Delhi, the 13th December, 20 101Agrahayana 22,1932 (Saka)

The following Act of Parliament received the assent of the President on the 1 lth December, 20 10, and is hereby published for general information:-

THE APPROPRIATION (RAILWAYS) No. 6 ACT, 20 1 0

No. 47 OF 2010

[llth December, 20101

An Act to provide for the authorisation of appropriation of moneys out of the Consolidated Fund ofIndia to meet the amounts spent on certain services for the purposes of Railways during the fmc ia l year ended on the 3 1 st day of March, 2009 in excess ofthe amounts granted for those services and for that year. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

1. This Act may be called the Appropriation (Railways) No. 6 Act, 20 10. Short title.

2. From and out of the Consolidated Fund of India, the sums specified in column 3 of Issue Of Rs. 532,12,06,588 the Schedule amounting in the aggregate to the sum of five hundred thirty-two crores, out of the

twelve lakhs, six thousand, five hundred and eighty-eight rupees shall be deemed to have consolidated been authorised to be paid and applied to meet the amounts spent for deffaying the charges Fund of India in respect of the services relating to Railways specified in column 2 of the Schedule during to meet certain

expenditure for the fmancial year ended on the 3 1st day of March, 2009, in excess of the amounts granted for the financial those services and for that year. year ended on

31st day of March, 2009.

THE GAZETTE OF INDIA EXTRAORDINARY PART U

Appropriation. 3. The sums deemed to have been authorised to be paid and applied 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 3 1 st day of March, 2009.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 3

THESCHEDULE (See sections 2 and 3)

V. K. BHASIN, Secy. to the Govt. of Ivdia.

1

No. of Vote

3

4

5

6

7

8

15

16

PRlNTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINT0 ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELIU, 2010.

.- 2

Services and purposes

General Superintendence and Services on Railways ....... Repairs and Maintenance of Permanent Way and Works .. Repairs and Maintenance of Motive Power .................... Repairs and Maintenance of Carriages and Wagons ...... Repairs and Maintenance of Plant and Equipment ......... Operating Expenses - Rolling Stock and Equipment ...... Dividend to General Revenues, Repayment of loans

taken from General Revenues and Amortisation of . . . . . . . . . . . . . . . . . . . . . . . . . Over-Capitalisation

Assets-Acquisition, Construction and Replacement- Other Expenditure

Capital ........................................ TOTAL . . . . . . . . . . . . . . . . . . . . . . . .

3 Sums not exceedin

Voted by Parliament =-- Consolidated on the Total

Rs.

229,984

106,57,53,717

103,09,90,445

157,24,85,154

13,07,46,176

128,30,18,548

6,71,23,341

17,08,59,223

532,12,06,588

Rs.

106,57,53,717

103,08,70,786

157,24,85,154

13,07,46,176

128,30,18,548

6,71,23,341

Fund Rs.

2,29,984

1,19,659

17,08,59,223

514,99,97,722 11 7,12,08,866 I